ISCR Case 06-10299.h1

Case Headnote

ISCR Case No. 06-10299.h1

deniedDec 11, 2006· Hon. James A. Young· hearing

Summary

A 44-year-old congressional relations representative for a defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of alcohol- and drug-related offenses spanning from 1983 to 1995. The Statement of Reasons detailed numerous arrests and convictions, including a 1995 felony conviction for hit and run, DUI, and aggravated DUI, which resulted in over three years of prison time. Other charges included multiple instances of driving while intoxicated or with a suspended license, shoplifting, and possession of marijuana and dangerous drugs.

Disqualifying conditions DC 1 and DC 2 were raised, while mitigating conditions MC 1, MC 4, and MC 5 were considered. Although the applicant established that his criminal conduct was not recent, this was insufficient to overcome the security concerns.

The denial was based on the applicant's failure to demonstrate successful rehabilitation or that the underlying factors contributing to his violations were unlikely to recur. The judge also found the applicant's testimony lacked credibility, which negatively impacted the assessment of mitigating conditions. Consequently, the security clearance application was denied.

Why the Applicant Was Denied

The applicant failed to establish that the factors leading to the violations are not likely to recur.
The applicant did not provide clear evidence of successful rehabilitation.
The judge found the applicant's testimony not credible, impacting the assessment of mitigating conditions.

Conditions Referenced

Disqualifying

DC 1raisedCriminal Conduct
DC 2raisedA History or Pattern of Criminal Activity Creates Doubt About an Applicant's Judgment, Reliability, and Trustworthiness.

Mitigating

MC 1appliedThe Criminal Behavior Was Not Recent.
MC 4rejectedFactors Leading to the Violation Are Not Likely to Recur.The applicant failed to demonstrate that the factors leading to his violations are unlikely to recur.
MC 5rejectedClear Evidence of Successful Rehabilitation.The applicant's testimony was deemed not credible, lacking sufficient evidence of rehabilitation.

Key Rule Quoted

“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is an acceptable security risk."”
— Regulation (app. 8) at 132.

Procedural Posture

SOR issuedJun 29, 2006
Answer filedAug 8, 2006
Hearing heldNov 14, 2006Hearing conducted with consent of the parties.
Decision dateDec 11, 2006

Cite For

Evaluation of Credibility in Assessing Rehabilitation Under Guideline J
Impact of Historical Criminal Conduct on Security Clearance Eligibility
Criteria for Establishing Successful Rehabilitation in Security Clearance Cases.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant served more than three years in prison as a result of a conviction for a 1995 felony hit and run, DUI, and aggravated DUI.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was arrested for shoplifting in 1981 and 1995.	For Applicant	Theft or Larceny	Dismissed or Nolle Prossed	Denied	—	—	—
1.c	Applicant was charged with driving on a suspended license and failing to appear.	For Applicant	Traffic Offense Pattern	Charged Not Convicted	Denied	—	—	—
1.d	Applicant was convicted of DWI while his driver's license was suspended (felony) for a 1990 arrest.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	Applicant was arrested in 1990 and charged with DWI while his license was suspended.	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	—	—	—
1.f	Applicant was arrested in January 1990 for felony DUI.	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	—	—	—
1.g	Applicant was convicted after a December 1989 arrest for driving on a suspended driver's license.	Against Applicant	Traffic Offense Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.h	Applicant was arrested for DWI in October 1989.	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Denied	—	—	—
1.i	Applicant was arrested for theft of service in October 1987.	Against Applicant	Theft or Larceny	Dismissed or Nolle Prossed	Denied	—	—	—
1.j	Applicant was convicted of a 1987 possession of marijuana and DWI.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.k	Applicant was arrested in June 1983 for possession of marijuana (felony) and possession of dangerous drugs (felony).	For Applicant	Drug Related Criminal Charge	Charged Not Convicted	Denied	—	—	—
1.l	Applicant was convicted of possession of marijuana after an April 1983 arrest.	Against Applicant	Drug Related Criminal Charge	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.m	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant served more than three years in prison as a result of a conviction for a 1995 felony hit and run, DUI, and aggravated DUI.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

Applicant was arrested for shoplifting in 1981 and 1995.

For Applicant

Theft or Larceny

Dismissed or Nolle Prossed

Denied

—

1.c

Applicant was charged with driving on a suspended license and failing to appear.

For Applicant

Traffic Offense Pattern

Charged Not Convicted

Denied

—

1.d

Applicant was convicted of DWI while his driver's license was suspended (felony) for a 1990 arrest.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.e

Applicant was arrested in 1990 and charged with DWI while his license was suspended.

For Applicant

DUI or DWI Criminal

Charged Not Convicted

Denied

—

1.f

Applicant was arrested in January 1990 for felony DUI.

For Applicant

DUI or DWI Criminal

Charged Not Convicted

Denied

—

1.g

Applicant was convicted after a December 1989 arrest for driving on a suspended driver's license.

Against Applicant

Traffic Offense Pattern

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.h

Applicant was arrested for DWI in October 1989.

For Applicant

DUI or DWI Criminal

Charged Not Convicted

Denied

—

1.i

Applicant was arrested for theft of service in October 1987.

Against Applicant

Theft or Larceny

Dismissed or Nolle Prossed

Denied

—

1.j

Applicant was convicted of a 1987 possession of marijuana and DWI.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.k

Applicant was arrested in June 1983 for possession of marijuana (felony) and possession of dangerous drugs (felony).

For Applicant

Drug Related Criminal Charge

Charged Not Convicted

Denied

—

1.l

Applicant was convicted of possession of marijuana after an April 1983 arrest.

Against Applicant

Drug Related Criminal Charge

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.m

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision