PSH-21-0065 - In the Matter of Personnel Security Hearing

On August 13, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual had an extensive and significant history of criminal activity and incarceration. However, the AJ, applying the "whole person concept," found that that the Individual had resolved the security concerns raised by her criminal activity by showing that she has grown and matured, changed her behavior, obtained an education, obtained a professional license, established a successful career, and become a responsible parent. These conclusions were supported by the credible testimony of the Individual and seven other witnesses. To this end, the AJ found that by doing so, she had exhibited good judgment, reliability, and trustworthiness during the past four years. He further relied upon the opinion of a DOE- contracted Psychologist, who opined that the Individual was not likely to further engage in criminal behavior, after conducting a thorough review of her security file and a forensic psychological evaluation of the Individual.

Accordingly, the AJ found that the Individual had mitigated the Guideline J security concern and found that her disqualification from holding a security clearance pursuant to the Bond Amendment is eligible for a waiver. Therefore, the AJ found that the Individual should be granted a security clearance. (Case No. PSH-21-0065, Steven Fine).