ISCR Case 97-0673.h1

Case Headnote

ISCR Case No. 97-0673.h1

deniedApr 3, 1998· Hon. Barry M. Sax· hearing

Summary

A 32-year-old software engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of drug abuse, including methamphetamine, marijuana, heroin, and psilocybin mushrooms, from approximately 1990 to 1994. During this period, he also sold amphetamine and marijuana to support his habit and attempted to cultivate marijuana.

His criminal record included multiple arrests: possession of marijuana (1990), spousal abuse (1993 and 1996), possession of a controlled substance (1993), possession of a controlled substance for sale and driving under the influence (1993), driving under the influence of drugs or alcohol (1993), and transport/possession of a controlled substance for sale (1994). He used false names during two 1993 arrests, one to avoid an outstanding warrant, though he later corrected this information with the court. The 1996 domestic violence arrest involved the same victim as a 1993 incident, and resulted in an extension of his probation.

Despite receiving counseling for chemical dependency and drug addiction from 1994 to 1995, and presenting evidence of rehabilitation and support, the judge found his past conduct incompatible with security clearance eligibility. The denial was based on his lengthy history of drug abuse, criminal conduct including domestic violence and deception during arrests, and the determination that his admissions of past behavior were not sufficiently mitigated by rehabilitation efforts.

Why the Applicant Was Denied

The applicant had a lengthy history of drug abuse, including methamphetamine and marijuana, and multiple arrests for drug-related offenses.
The applicant's criminal conduct included domestic violence and the use of false names during arrests, raising concerns about judgment and reliability.
The applicant's admissions of past drug use and criminal behavior were not sufficiently mitigated by evidence of rehabilitation.

Conditions Referenced

Disqualifying

H.1raisedAny Drug Abuse
H.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
J.2raisedA Single Serious Offense or Multiple Lesser Offenses

Key Rule Quoted

“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedNov 3, 1997
Answer filed—
Hearing heldJan 30, 1998
Decision dateApr 3, 1998

Cite For

Denial Based on Extensive Drug Involvement Under Guideline H
Denial Due to Criminal Conduct Under Guideline J
Impact of False Statements on Security Clearance Eligibility

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	In addition to the drug-related arrests that were the basis for SOR 1.j., 1.k., 1.l., 1.m., 1.n., 1.o., 2.b., and 2.c., and the drug-related and other criminal conduct for which he was not arrested, Applicant used false names when arrested on two occasions in 1993, as alleged in SOR 1.m. and 1.n., above.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	At the time of the June 3, 1993 arrest, Applicant gave the police the name of his brother rather than his own. As of August 1997, Applicant had not contacted the court to provide correct information. However, by the hearing date, Applicant had done so.	Against Applicant	Lack of Candor in Interview	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.c	At the time of his November 8, 1993 arrest, Applicant gave the police a false name as his own, in order to avoid an outstanding arrest warrant. As of August 1997, Applicant had not returned to court to provide truthful information. However, by the hearing date he had done so and the warrant was withdrawn.	Against Applicant	Lack of Candor in Interview	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	Applicant was arrested in October 2, 1996, in city A, for an act of domestic violence that occurred in late May or early June 1996. The victim was the same female Applicant abused in January 1993 (SOR 1.k.) As reflected in the police report (GX 14), the victim had bruises on the back of her neck and both arms.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In addition to the drug-related arrests that were the basis for SOR 1.j., 1.k., 1.l., 1.m., 1.n., 1.o., 2.b., and 2.c., and the drug-related and other criminal conduct for which he was not arrested, Applicant used false names when arrested on two occasions in 1993, as alleged in SOR 1.m. and 1.n., above.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

2.b

At the time of the June 3, 1993 arrest, Applicant gave the police the name of his brother rather than his own. As of August 1997, Applicant had not contacted the court to provide correct information. However, by the hearing date, Applicant had done so.

Against Applicant

Lack of Candor in Interview

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

2.c

At the time of his November 8, 1993 arrest, Applicant gave the police a false name as his own, in order to avoid an outstanding arrest warrant. As of August 1997, Applicant had not returned to court to provide truthful information. However, by the hearing date he had done so and the warrant was withdrawn.

Against Applicant

Lack of Candor in Interview

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

2.d

Applicant was arrested in October 2, 1996, in city A, for an act of domestic violence that occurred in late May or early June 1996. The victim was the same female Applicant abused in January 1993 (SOR 1.k.) As reflected in the police report (GX 14), the victim had bruises on the back of her neck and both arms.

Against Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used methamphetamine (with varying frequency and at times twice a day) and purchased methamphetamine from about 1992 to approximately August 1994.	For Applicant	Methamphetamine	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	Applicant sold amphetamine to support his habit, from about 1992 to 1994.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	Applicant used and purchased marijuana from 1990 to 1994 and sold marijuana during the same period to support his habit, and attempted to cultivate marijuana.	For Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.d	Applicant used heroin in at least 1993.	For Applicant	Heroin	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.e	Applicant used psilocybin mushrooms in at least 1992.	For Applicant	Psilocybin	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.f	Applicant was arrested for Possession of Marijuana on June 23, 1990.	For Applicant	Drug Test Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.g	Applicant was arrested for Spousal Abuse on January 20, 1993.	For Applicant	Drug Test Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.h	Applicant was arrested for Possession of a Controlled Substance on May 4, 1993.	For Applicant	Drug Test Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.i	Applicant was arrested on June 3, 1993, for Possession of Controlled Substance for Sale; Under the Influence of a Controlled Substance; and Unlawfully Driving a Vehicle without a License.	For Applicant	Drug Test Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.j	Applicant was arrested on November 8, 1993, for Driving a Vehicle While Under the Influence of an Alcoholic Beverage or a Drug or Under Their Combined Influence.	For Applicant	Drug Test Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.k	Applicant was arrested on June 22, 1994, for Transport of a Controlled Substance; Possession of a Controlled Substance for Sale, Felony; Possession of a Controlled Substance; and Possession of Drug Paraphernalia.	For Applicant	Drug Test Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.l	Applicant received counseling from August 16, 1994 to August 20, 1995 at a rehabilitation center in a program for chemically dependent men.	For Applicant	Treatment Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.m	Applicant received counseling from February 20, 1995 to at least November 20, 1995 at a Recovery and Referral Center in a program for recovering drug addicts.	For Applicant	Treatment Failure	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.n	Applicant used false names when arrested on two occasions in 1993.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.o	Applicant was arrested in October 2, 1996, for an act of domestic violence that occurred in late May or early June 1996.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.p–1.q	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used methamphetamine (with varying frequency and at times twice a day) and purchased methamphetamine from about 1992 to approximately August 1994.

For Applicant

Methamphetamine

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

Applicant sold amphetamine to support his habit, from about 1992 to 1994.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

Applicant used and purchased marijuana from 1990 to 1994 and sold marijuana during the same period to support his habit, and attempted to cultivate marijuana.

For Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.d

Applicant used heroin in at least 1993.

For Applicant

Heroin

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.e

Applicant used psilocybin mushrooms in at least 1992.

For Applicant

Psilocybin

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.f

Applicant was arrested for Possession of Marijuana on June 23, 1990.

For Applicant

Drug Test Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.g

Applicant was arrested for Spousal Abuse on January 20, 1993.

For Applicant

Drug Test Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.h

Applicant was arrested for Possession of a Controlled Substance on May 4, 1993.

For Applicant

Drug Test Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.i

Applicant was arrested on June 3, 1993, for Possession of Controlled Substance for Sale; Under the Influence of a Controlled Substance; and Unlawfully Driving a Vehicle without a License.

For Applicant

Drug Test Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.j

Applicant was arrested on November 8, 1993, for Driving a Vehicle While Under the Influence of an Alcoholic Beverage or a Drug or Under Their Combined Influence.

For Applicant

Drug Test Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.k

Applicant was arrested on June 22, 1994, for Transport of a Controlled Substance; Possession of a Controlled Substance for Sale, Felony; Possession of a Controlled Substance; and Possession of Drug Paraphernalia.

For Applicant

Drug Test Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.l

Applicant received counseling from August 16, 1994 to August 20, 1995 at a rehabilitation center in a program for chemically dependent men.

For Applicant

Treatment Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.m

Applicant received counseling from February 20, 1995 to at least November 20, 1995 at a Recovery and Referral Center in a program for recovering drug addicts.

For Applicant

Treatment Failure

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.n

Applicant used false names when arrested on two occasions in 1993.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.o

Applicant was arrested in October 2, 1996, for an act of domestic violence that occurred in late May or early June 1996.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.p–1.q

2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a–1.i	9 sub-charges — specific text not stated in this decision (rulings shown).	Mixed		—		—	—	—
1.j	June 23, 1990, in state A, for Possession of Marijuana. Applicant pleaded guilty and was sentenced to six months in a diversion program;	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.k	January 20, 1993 in city B, for Spousal Abuse, a felony under state law. The charge was reduced to a misdemeanor and a warrant was issued on April 14, 1993 for failure to appear in court. Applicant was subsequently ordered to attend a Domestic Violence Program, sentenced to 180 days in jail with credit for 5 days served, and awarded three years probation. Applicant had used methamphetamine just prior to this arrest.	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.l	May 4, 1993, in city B, for Possession of a Controlled Substance. Applicant pleaded guilty. He was sentenced to serve 10 days of "Public Service," and was ordered to pay fines/costs of about $330. Applicant admitted to the arresting officer that he had just purchased the methamphetamine found in a container hanging around his neck.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.m	June 3, 1993, in city B, for (1) Possession of Controlled Substance for Sale; (2) Under the Influence of a Controlled Substance; and (3) Unlawfully Driving a Vehicle without a License. Applicant was detained and then released; Count (1) was dropped, and Counts (2) and (3) were retained. Applicant was in possession of five baggies of methamphetamine (totaling 8.5 grams), a "coke" pipe, a scale, 13 empty baggies, a mirror, a straw, and a spoon at the time of this arrest.	Against Applicant	Drug Related Criminal Charge	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.n	November 8, 1993, in city B, for (1) Driving a Vehicle While Under the Influence of an Alcoholic Beverage or a Drug or Under Their Combined Influence; (2) Under the Influence of a Controlled Substance; and (3) Unlawfully Driving a Vehicle without a License. Applicant pleaded guilty to Count (1) and a lesser charge of Count (2). Applicant was sentenced to serve 180 days in jail, suspended for five years, to pay fines and costs of approximately $1,100, and awarded five years of probation. Count (3) was dismissed.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.o	June 22, 1994, for (1) Transport of a Controlled Substance; (2) Possession of a Controlled Substance for Sale, Felony; (3) Possession of a Controlled Substance; and (4) Possession of Drug Paraphernalia. Applicant pleaded Guilty to Count (1), was sentenced to pay fines/costs of about $550, awarded five years supervised probation, and sentenced to one year in jail, stayed pending completion of a rehabilitation program. Counts (2), (3), and (4) were dismissed.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.p	Applicant received counseling (1) from August 16, 1994 to August 20, 1995 at a rehabilitation center in city A, in a program for chemically dependent men; and (2) from February 20, 1995 to at least November 20, 1995 at a Recovery and Referral Center in city A, in a program for recovering drug addicts.	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.q	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
2.a	In addition to the drug-related arrests that were the basis for SOR 1.j., 1.k., 1.l., 1.m., 1.n., 1.o., 2.b., and 2.c., and the drug-related and other criminal conduct for which he was not arrested, SOR 1.a. -1.i., above, Applicant used false names when arrested on two occasions in 1993, as alleged in SOR 1.m. and 1.n., above.	Against Applicant	Unspecified Criminal Conduct	—	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	At the time of the June 3, 1993 arrest, Applicant gave the police the name of his brother rather than his own. As of August 1997, Applicant had not contacted the court to provide correct information. However, by the hearing date, Applicant had done so.	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
2.c	At the time of his November 8, 1993 arrest, Applicant gave the police a false name as his own, in order to avoid an outstanding arrest warrant. As of August 1997, Applicant had not returned to court to provide truthful information. However, by the hearing date he had done so and the warrant was withdrawn.	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
2.d	Applicant was arrested in October 2, 1996, in city A, for an act of domestic violence that occurred in late May or early June 1996. The victim was the same female Applicant abused in January 1993. As reflected in the police report, the victim had bruises on the back of her neck and both arms. Applicant's probation for the domestic violence arrest set forth in SOR 1.k., above, was extended to November 1997.	Against Applicant	Domestic Violence	Charged Not Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a–1.i

9 sub-charges — specific text not stated in this decision (rulings shown).

Mixed

—

1.j

June 23, 1990, in state A, for Possession of Marijuana. Applicant pleaded guilty and was sentenced to six months in a diversion program;

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

1.k

January 20, 1993 in city B, for Spousal Abuse, a felony under state law. The charge was reduced to a misdemeanor and a warrant was issued on April 14, 1993 for failure to appear in court. Applicant was subsequently ordered to attend a Domestic Violence Program, sentenced to 180 days in jail with credit for 5 days served, and awarded three years probation. Applicant had used methamphetamine just prior to this arrest.

Against Applicant

Domestic Violence

Convicted

Admitted

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

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

—

1.l

May 4, 1993, in city B, for Possession of a Controlled Substance. Applicant pleaded guilty. He was sentenced to serve 10 days of "Public Service," and was ordered to pay fines/costs of about $330. Applicant admitted to the arresting officer that he had just purchased the methamphetamine found in a container hanging around his neck.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

1.m

June 3, 1993, in city B, for (1) Possession of Controlled Substance for Sale; (2) Under the Influence of a Controlled Substance; and (3) Unlawfully Driving a Vehicle without a License. Applicant was detained and then released; Count (1) was dropped, and Counts (2) and (3) were retained. Applicant was in possession of five baggies of methamphetamine (totaling 8.5 grams), a "coke" pipe, a scale, 13 empty baggies, a mirror, a straw, and a spoon at the time of this arrest.

Against Applicant

Drug Related Criminal Charge

Charged Not Convicted

Admitted

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

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

—

1.n

November 8, 1993, in city B, for (1) Driving a Vehicle While Under the Influence of an Alcoholic Beverage or a Drug or Under Their Combined Influence; (2) Under the Influence of a Controlled Substance; and (3) Unlawfully Driving a Vehicle without a License. Applicant pleaded guilty to Count (1) and a lesser charge of Count (2). Applicant was sentenced to serve 180 days in jail, suspended for five years, to pay fines and costs of approximately $1,100, and awarded five years of probation. Count (3) was dismissed.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.o

June 22, 1994, for (1) Transport of a Controlled Substance; (2) Possession of a Controlled Substance for Sale, Felony; (3) Possession of a Controlled Substance; and (4) Possession of Drug Paraphernalia. Applicant pleaded Guilty to Count (1), was sentenced to pay fines/costs of about $550, awarded five years supervised probation, and sentenced to one year in jail, stayed pending completion of a rehabilitation program. Counts (2), (3), and (4) were dismissed.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

1.p

Applicant received counseling (1) from August 16, 1994 to August 20, 1995 at a rehabilitation center in city A, in a program for chemically dependent men; and (2) from February 20, 1995 to at least November 20, 1995 at a Recovery and Referral Center in city A, in a program for recovering drug addicts.

Unknown

Unspecified Criminal Conduct

—

Unknown

—

1.q

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

2.a

In addition to the drug-related arrests that were the basis for SOR 1.j., 1.k., 1.l., 1.m., 1.n., 1.o., 2.b., and 2.c., and the drug-related and other criminal conduct for which he was not arrested, SOR 1.a. -1.i., above, Applicant used false names when arrested on two occasions in 1993, as alleged in SOR 1.m. and 1.n., above.

Against Applicant

Unspecified Criminal Conduct

—

Unknown

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

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

—

2.b

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

2.c

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

2.d

Applicant was arrested in October 2, 1996, in city A, for an act of domestic violence that occurred in late May or early June 1996. The victim was the same female Applicant abused in January 1993. As reflected in the police report, the victim had bruises on the back of her neck and both arms. Applicant's probation for the domestic violence arrest set forth in SOR 1.k., above, was extended to November 1997.

Against Applicant

Domestic Violence

Charged Not Convicted

Unknown

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

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

—

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Case Profile

Summary

Why the Applicant Was Denied

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

DECISION

FOOTNOTES