Summary
A 54-year-old defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a felony conviction from 29 years prior. The applicant had participated in a jewelry store robbery with three others and was subsequently incarcerated for six years. This criminal conduct raised Disqualifying Conditions (a), (c), and (f).
Despite the severity of the past offense, the applicant presented significant evidence of rehabilitation, including stable employment and educational achievements. The judge acknowledged these efforts, applying Mitigating Conditions (a) and (d), which typically consider the passage of time and positive changes in behavior.
However, the denial was ultimately mandated by 10 U.S.C. § 986. This statute prohibits the granting of a security clearance to individuals with felony convictions that resulted in incarceration for more than one year, unless a waiver is obtained. In this case, no waiver was present, leading to the denial of the applicant's security clearance as a matter of law, irrespective of the demonstrated rehabilitation.
Why the Applicant Was Denied
- Applicant was denied a security clearance due to 10 U.S.C. § 986, which prohibits clearance for individuals with felony convictions resulting in incarceration for more than one year without a waiver.
- The judge found that the applicant's criminal conduct, while mitigated by evidence of rehabilitation, was disqualifying as a matter of law.
Conditions Referenced
- DC (a)appliedA Single Serious Crime or Multiple Lesser Offenses
- DC (c)appliedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- DC (f)appliedConviction in a Federal or State Court, Including a Court-martial of a Crime, Sentenced to Imprisonment for a Term Exceeding One Year and Incarceration as a Result of That Sentence for Not Less Than a Year
- MC (a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- MC (d)appliedThere Is Clear Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key Rule Quoted
“"no one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedSep 29, 2006
- Answer filedOct 16, 2006
- Hearing heldNov 29, 2006
- Decision dateMar 15, 2007
Cite For
- Application of 10 U.S.C. § 986 Regarding Felony Convictions and Security Clearance Eligibility
- Consideration of Rehabilitation Evidence Under Guideline J
- Impact of Criminal Conduct on Security Clearance Determinations Despite Evidence of Reform