ISCR Case 96-0362.h1

Case Headnote

ISCR Case No. 96-0362.h1

grantedFeb 19, 1997· Hon. Paul J. Mason· hearing

Summary

A 39-year-old defense contractor was granted a security clearance despite a history of serious criminal conduct, including multiple felonies and a murder conviction. The Statement of Reasons detailed numerous charges under Guideline J (Criminal Conduct). These included arrests in 1975 for delinquency, disorderly conduct, resisting arrest, and uncontrollable behavior, resulting in probation and AA attendance. Later that year, he was charged with felony burglary, attempted theft, and possession of a deadly weapon, receiving a suspended sentence and probation.

Further charges in 1975 and 1976 included felony conspiracy and burglary, attempted burglary, possession of marijuana, and multiple counts of felony theft and burglary, leading to jail sentences. In 1977, he was fined for felony theft while employed as a shoe store stock person. The most severe offense occurred in 1979, when he was charged with first-degree murder, arson, kidnapping, robbery, assault and battery, and conspiracy to rob, resulting in a 1980 conviction and a 30-year prison sentence. His last recorded offense was a 1992 charge for driving while under the influence, which led to a fine and community service.

The judge ultimately granted the clearance, finding that the applicant demonstrated significant rehabilitation. Mitigating conditions applied included the non-recent nature of the criminal conduct, with the last offense in 1992, and clear evidence of rehabilitation over a significant period. The applicant's positive contributions to society and stable family life were also considered persuasive factors, concluding that granting the clearance was consistent with national interest.

Why the Applicant Prevailed

The applicant demonstrated clear evidence of rehabilitation over a significant period.
The applicant's criminal conduct was not recent, with the last offense occurring in 1992.
The applicant's positive contributions to society and stable family life were persuasive.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct

Mitigating

J2appliedThe Crime Was Not Recent
J3appliedThe Crime Was an Isolated Event
J5appliedThere Is Clear Evidence of Rehabilitation

Key Rule Quoted

“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedJun 10, 1996
Answer filedJun 19, 1996
Hearing heldDec 6, 1996
Decision dateFeb 19, 1997

Cite For

Evidence of Rehabilitation in Criminal Conduct Cases
Impact of Stable Family Life on Security Clearance Decisions
Consideration of the Whole Person Concept in Security Clearance Evaluations

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 was arrested on February 21, 1975 for (1) delinquency, (2) disorderly conduct, (3) resisting arrest, and, (4) uncontrollable. He was found guilty of all charges and given six months probation and ordered to attend Alcoholics Anonymous (AA).	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—
1.b	On May 14, 1975, Applicant was 18 years old when he was charged with (1) burglary, felony, (2) attempted theft, felony, and (3) possession of a deadly weapon during the commission of felony. He was found guilty of burglary and sentenced to 3 years in jail, but the entire sentence except for 10 days was suspended, and Applicant was placed on 3 years probation.	For Applicant	Trespassing or Burglary	Convicted	Admitted	—	—	—
1.c	On September 3, 1975, Applicant was charged with (1) conspiracy, and (2) burglary, both felonies. He was found guilty of burglary and sentenced to three years; the entire sentence was suspended except for 6 months. He was given probation for the balance of the term and ordered to pay court costs.	For Applicant	Trespassing or Burglary	Convicted	Admitted	—	—	—
1.d	On April 18, 1976, Applicant was charged with attempted burglary and possession of marijuana. He was found guilty of attempted burglary and sentenced to one year in jail.	For Applicant	Trespassing or Burglary	Convicted	Admitted	—	—	—
1.e	On May 3, 1976, Applicant was charged with (1) three counts of felony theft, and, (2) three counts of burglary. He was found guilty of 3 counts of burglary and sentenced to one year in jail, sentence to run concurrent to the sentence in the preceding paragraph.	For Applicant	Theft or Larceny	Convicted	Admitted	—	—	—
1.f	On September 7, 1977, Applicant was charged with felony theft. He was found guilty and fined. Applicant was a shoe store stock person at the time. He was caught selling the stock at below the advertised cost and pocketing the proceeds of the sale.	For Applicant	Theft or Larceny	Convicted	Admitted	—	—	—
1.g	On November 7, 1979, Applicant was charged with (1) first degree murder, murder first degree when engaged in the perpetration of kidnaping or robbery, (3) arson of motor vehicle, (4) kidnaping, (5) robbery, (6) assault and battery, and (7) conspire to rob. Applicant was found guilty and sentenced on November 18, 1980 to 30 years in prison and ordered to pay $70 court costs.	For Applicant	Homicide	Convicted	Admitted	—	—	—
1.h	On May 24, 1992, Applicant was charged with driving while under the influence (dwi). Applicant missed a court date, and a bench warrant was issued on October 4, 1992. He was fined $130 and ordered to serve 150 hours of community service. Applicant explained he had been drinking at a graduation party and should not have been driving. He was pulled over on the same street he lives on.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested on February 21, 1975 for (1) delinquency, (2) disorderly conduct, (3) resisting arrest, and, (4) uncontrollable. He was found guilty of all charges and given six months probation and ordered to attend Alcoholics Anonymous (AA).

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

1.b

On May 14, 1975, Applicant was 18 years old when he was charged with (1) burglary, felony, (2) attempted theft, felony, and (3) possession of a deadly weapon during the commission of felony. He was found guilty of burglary and sentenced to 3 years in jail, but the entire sentence except for 10 days was suspended, and Applicant was placed on 3 years probation.

For Applicant

Trespassing or Burglary

Convicted

Admitted

—

1.c

On September 3, 1975, Applicant was charged with (1) conspiracy, and (2) burglary, both felonies. He was found guilty of burglary and sentenced to three years; the entire sentence was suspended except for 6 months. He was given probation for the balance of the term and ordered to pay court costs.

For Applicant

Trespassing or Burglary

Convicted

Admitted

—

1.d

On April 18, 1976, Applicant was charged with attempted burglary and possession of marijuana. He was found guilty of attempted burglary and sentenced to one year in jail.

For Applicant

Trespassing or Burglary

Convicted

Admitted

—

1.e

On May 3, 1976, Applicant was charged with (1) three counts of felony theft, and, (2) three counts of burglary. He was found guilty of 3 counts of burglary and sentenced to one year in jail, sentence to run concurrent to the sentence in the preceding paragraph.

For Applicant

Theft or Larceny

Convicted

Admitted

—

1.f

On September 7, 1977, Applicant was charged with felony theft. He was found guilty and fined. Applicant was a shoe store stock person at the time. He was caught selling the stock at below the advertised cost and pocketing the proceeds of the sale.

For Applicant

Theft or Larceny

Convicted

Admitted

—

1.g

On November 7, 1979, Applicant was charged with (1) first degree murder, murder first degree when engaged in the perpetration of kidnaping or robbery, (3) arson of motor vehicle, (4) kidnaping, (5) robbery, (6) assault and battery, and (7) conspire to rob. Applicant was found guilty and sentenced on November 18, 1980 to 30 years in prison and ordered to pay $70 court costs.

For Applicant

Homicide

Convicted

Admitted

—

1.h

On May 24, 1992, Applicant was charged with driving while under the influence (dwi). Applicant missed a court date, and a bench warrant was issued on October 4, 1992. He was fined $130 and ordered to serve 150 hours of community service. Applicant explained he had been drinking at a graduation party and should not have been driving. He was pulled over on the same street he lives on.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES