Applicant Overcomes Bond Amendment Disqualification to Get Security Clearance

The Bond Amendment disqualifies anyone from being granted a security clearance if they were convicted of a crime that resulted in being incarcerated for one year or more. There is, however, a provision for a waiver if mitigating information is presented in accordance with national security adjudicative guidelines. A recent Department of Energy Office of Hearing and Appeals case played out this exact scenario. Here are the highlights of the appeal:

The applicant was arrested and charged with driving under the influence in 2003 and 2006. In 2009 he was charged with assaulting a police officer, aiding and abetting, and using and carrying a firearm during a crime of violence. This incident happened in 2005 but the investigation took 5 years to complete before he was actually arrested and then found guilty in court. The judge sentenced him to 84 months in prison, which he served from 2011 to 2015. Being incarcerated made positive changes on the applicant’s outlook on life which has continued to present. During the appeal hearing he took full responsibility for his actions and provided nine witnesses (supervisors and friends) whose testimonials corroborated the applicant’s honesty, reliability and trustworthiness.

The judge’s mitigation analysis included the fact the incident for which the applicant was imprisoned for occurred over 15 years ago. He also noted the applicant completed alcohol and drug rehabilitation and anger management counseling. Skills picked up while in prison like painting have had a therapeutic effect on the applicant as well. Therefore, after weighing of the evidence and applying it to the whole person concept, clearance eligibility was granted.