A Good Employment Record Does Not Mitigate Security Clearance Issues

Time and time again I read security clearance appeal cases where the applicant brings in supervisors or co-workers to testify on their behalf as to what a good worker they are to recommend getting a security clearance granted or reinstated. Although this is a factor in looking at the “whole person” concept, a good employment record does not mitigate issues that occur away from the workplace. This exact scenario played out in a recent Department of Energy (DOE) Office of Hearings and Appeals case. Here are the highlights.

The DOE contractor, who had a security clearance, self-reported bring pulled over in August 2023 for driving under the influence, however, the charges never made it to court prior to the expiration of statute of limitations. The contractor was arrested again for driving under the influence in February 2024. As a result, the local security office suspended his security clearance pending the issuance of a Letter of Interrogatory. His clearance was subsequently revoked. In his appeal hearing, he claimed during the first arrest he was improperly detained and should have never been arrested. During the second DUI, with the charge still pending in court, he offered that he made a bad judgement call and should have used an Uber. He submitted five reference letters and a coworker testified as to his excellent performance at work.

The DOE appeals judge noted that although the contractor had a good employment record, it is not an indication of rehabilitation. The judge opined that the criminal conduct was recent and not enough time has elapsed to show that rehabilitation efforts have lessened the likelihood of this happening again. He also noted the contractor did not fully take personal responsibility or ownership of his behavior. Based on these observations, clearance reinstatement was denied.