ISCR Case 96-0599.h1

Case Headnote

ISCR Case No. 96-0599.h1

grantedMar 19, 1997· Hon. Darlene Lokey Anderson· hearing

Summary

A 43-year-old defense contractor seeking a Secret-level security clearance was granted his clearance despite allegations under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The allegations stemmed from two past arrests and omissions on his security questionnaire.

In May 1990, the applicant was arrested for receiving stolen property, a felony, after unknowingly purchasing stolen motor hardware. He spent four days in custody, later pled nolo contendere to a misdemeanor, and completed 45 days in a work release program, 240 hours of community service, paid $1,305.00, and served three years of probation. In August 1992, he was arrested for drug-related felonies, including possession of a controlled substance, after purchasing $35.00 worth of marijuana for personal use following his father's burial. He pled guilty to felony possession, served three years of probation, paid a $1,000.00 fine, and completed a drug education class. The applicant testified he satisfied all court requirements for both incidents and that the 1992 incident was his sole drug use.

The judge found the applicant's criminal conduct to be isolated and not indicative of a pattern, noting it occurred over five years prior to the clearance application. The applicant demonstrated rehabilitation and an understanding of his past actions. Furthermore, there was no intent to deceive regarding the personal conduct allegations, as the applicant acted on his attorney's advice. Based on these findings, the security clearance was granted.

Why the Applicant Prevailed

The applicant's criminal conduct was isolated and occurred over five years ago.
The applicant demonstrated credible evidence of rehabilitation and understanding of the seriousness of his past actions.
The applicant had no intent to deceive regarding his personal conduct, acting on the advice of his attorney.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
E2raisedPersonal Conduct

Mitigating

J1appliedCriminal ConductThe criminal behavior was not recent.
J4appliedCriminal ConductThe factors leading to the violation are not likely to recur.
E2appliedPersonal Conduct

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.”

Procedural Posture

SOR issuedOct 23, 1996
Answer filedNov 18, 1996
Hearing heldFeb 28, 1997
Decision dateMar 19, 1997

Cite For

Isolated Nature of Criminal Conduct Under Guideline J
Lack of Intent to Deceive in Personal Conduct Disclosures
Mitigating Factors for Past Criminal Behavior

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	In the same questionnaire, the Applicant was required to indicate whether he ever illegally used any controlled substance since the age of sixteen or in the last seven years, whichever is shorter. The Applicant also failed to list his use and purchase of marijuana on August 18, 1992.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

2.b

In the same questionnaire, the Applicant was required to indicate whether he ever illegally used any controlled substance since the age of sixteen or in the last seven years, whichever is shorter. The Applicant also failed to list his use and purchase of marijuana on August 18, 1992.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant has admitted to being arrested on two separate occasions. On May 12, 1990, the Applicant was arrested and charged with Receiving Stolen Property, a felony. The Applicant had purchased pieces of motor hardware from several garage sales, not knowing that the items he purchased were stolen from his place of employment. The Applicant was later arrested and spent four days in custody. The Applicant pled nolo contendere to a reduced charge of Receiving Stolen Property, a misdemeanor. The Applicant was required to serve 45 days in a work release program, complete 240 hours of community service, pay $1,305.00 and was placed on probation for three years. The Applicant testified that he has satisfied all of the court requirements. (See, Government Exhibit 3).	For Applicant	Theft or Larceny	Convicted	Admitted	—	—	—
1.b	On August 18, 1992, the Applicant was arrested and charged with Trafficking A Controlled Substance, a felony; Possession of a Substance, a felony; and being Under the Influence of a Controlled Substance, a felony. The Applicant, who had buried his father that same day, was driving back home when he was stopped by the police and arrested. The Applicant testified that because he had been having some problems sleeping at night, a co-worker recommended that he use marijuana to help him sleep. The Applicant purchased $35.00 worth of marijuana for his own use, and had it in his possession at the time of his arrest. The Applicant had also used some marijuana earlier that day. The Applicant testified that this was the first and only time he has ever used or purchased any illegal drug, and he has no intentions of any future drug use. The Applicant pled guilty to Possession of a Substance, a felony, was placed on probation for three years, fined $1000.00 and ordered to complete a drug education class. The Applicant testified that he has satisfied all of the court requirements.	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant has admitted to being arrested on two separate occasions. On May 12, 1990, the Applicant was arrested and charged with Receiving Stolen Property, a felony. The Applicant had purchased pieces of motor hardware from several garage sales, not knowing that the items he purchased were stolen from his place of employment. The Applicant was later arrested and spent four days in custody. The Applicant pled nolo contendere to a reduced charge of Receiving Stolen Property, a misdemeanor. The Applicant was required to serve 45 days in a work release program, complete 240 hours of community service, pay $1,305.00 and was placed on probation for three years. The Applicant testified that he has satisfied all of the court requirements. (See, Government Exhibit 3).

For Applicant

Theft or Larceny

Convicted

Admitted

—

1.b

On August 18, 1992, the Applicant was arrested and charged with Trafficking A Controlled Substance, a felony; Possession of a Substance, a felony; and being Under the Influence of a Controlled Substance, a felony. The Applicant, who had buried his father that same day, was driving back home when he was stopped by the police and arrested. The Applicant testified that because he had been having some problems sleeping at night, a co-worker recommended that he use marijuana to help him sleep. The Applicant purchased $35.00 worth of marijuana for his own use, and had it in his possession at the time of his arrest. The Applicant had also used some marijuana earlier that day. The Applicant testified that this was the first and only time he has ever used or purchased any illegal drug, and he has no intentions of any future drug use. The Applicant pled guilty to Possession of a Substance, a felony, was placed on probation for three years, fined $1000.00 and ordered to complete a drug education class. The Applicant testified that he has satisfied all of the court requirements.

For Applicant

Drug Related Criminal Charge

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

FOOTNOTES