§147.12. Guideline J—Criminal conduct.

32 C.F.R. § 147.12

(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, amendments, and revision history

Authority: E.O. 12968 (60 FR 40245, 3 CFR 1995 Comp., p 391).

Source: 63 FR 4573, Jan. 30, 1998, unless otherwise noted.