C.F.R. » Title 32 » CHAPTER I—OFFICE OF THE SECRETARY OF DEFENSE › SUBCHAPTER D—PERSONNEL, MILITARY AND CIVILIAN › PART 147—ADJUDICATIVE GUIDELINES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED INFORMATION › Subpart A—Adjudication

32 C.F.R. § 147.12

Guideline J—Criminal conduct

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(a) The concern. A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.

(b) Conditions that could raise a security concern and may be disqualifying include: (1) Allegations or admissions of criminal conduct, regardless of whether the person was formally charged;

(2) A single serious crime or multiple lesser offenses.

(c) Conditions that could mitigate security concerns include: (1) The criminal behavior was not recent;

(2) The crime was an isolated incident;

(3) The person was pressured or coerced into committing the act and those pressures are no longer present in that person's life;

(4) The person did not voluntarily commit the act and/or the factors leading to the violation are not likely to recur;

(5) Acquittal;

(6) There is clear evidence of successful rehabilitation.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: M.B. v. Mettke, 2022 Ohio 4166 (Ohio Ct. App. 2022).
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M.B. v. Mettke, 2022 Ohio 4166 (Ohio Ct. App. 2022). “For example, 32 C.F.R. 147.12 requires consideration of criminal conduct, whether charged or uncharged in assessing an applicant's security risk,2 and 32 C.”
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