Criminal Conduct

In criminal conduct cases the most important factor is the amount of evidence demonstrating reform, regret, rehabilitation, and responsibility. And like Alcohol Consumption (Guideline G), Drug Involvement (Guideline H), Sexual Behavior (Guideline D) , and some Psychological Conditions (Guideline I) cases, the individual needs to demonstrate that the conduct at issue took place in the past, that it was an isolated incident, that the individual understands that it was wrong, has followed the advice of his probation officer, and has made restitution his victims and paid his debt to society. Naturally, a track record of reform and rehabilitation trumps promises of future good behavior.

As with other guidelines, there is no “bright line” rule as to how much time must pass before conduct is no longer regarded as “recent,” and remains an impediment to gaining a security clearance.

If  you are facing this kind of issue and need a security clearance attorney to counsel you and defend your rights, contact me today for a FREE CONSULTATION.


Guideline J:
Criminal Conduct

The Concern: Criminal activity creates doubt about a person’s judgment, reliability and trustworthiness. By its very nature, it calls into question a person’s ability or willingness to comply with laws, rules and regulations.

Conditions that could raise a security concern and may be disqualifying include:

(a) a single serious crime or multiple lesser offenses;

(b) discharge or dismissal from the Armed Forces under dishonorable conditions;

(c) allegation or admission of criminal conduct, regardless of whether the person was formally charged, formally prosecuted or convicted;

(d) individual is currently on parole or probation;

(e) violation of parole or probation, or failure to complete a court-mandated rehabilitation program.

Conditions that could mitigate security concerns include:

(a) so much time has elapsed since the criminal behavior happened, or it happened under such unusual circumstances that it is unlikely to recur or does not cast doubt on the individual’s reliability, trustworthiness, or good judgment;

(b) the person was pressured or coerced into committing the act and those pressures are no longer present in the person’s life;

(c) evidence that the person did not commit the offense;

(d) there is 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.