The FAA background check disqualifications fall into two tiers of criminal offenses plus a set of non-criminal factors. Certain felonies — espionage, treason, sedition, terrorism, murder, explosives crimes, and a handful of others — permanently block you from holding aviation credentials or unescorted access to secure airport areas. A second list of felonies disqualifies you only if the conviction is recent enough to fall within defined lookback windows. Separate from any criminal history, findings about mental capacity, false statements on the application, extensive convictions, or long prison sentences can also sink your eligibility.
Who These Disqualifications Apply To
Federal law requires an employment investigation, including a criminal history records check, for anyone with unescorted access to aircraft or secured airport areas.1Office of the Law Revision Counsel. 49 USC 44936 – Employment Investigations and Restrictions That reaches further than most applicants expect. It covers baggage handlers, fuelers, mechanics, ramp agents, and anyone else needing a Security Identification Display Area badge, who must pass both a fingerprint-based criminal history records check and a name-based security threat assessment.2eCFR. 49 CFR 1542.209 – Fingerprint-Based Criminal History Records Checks Pilots, flight engineers, flight attendants, dispatchers, security coordinators, screeners, and air traffic controllers at non-FAA facilities all fall under the same vetting rules. Non-U.S. citizens seeking flight training must complete a TSA security threat assessment and receive a Certificate of Eligibility before starting instruction.3Transportation Security Administration. TSA Announces Publication of Flight Training Security Program Final Rule
Private pilots flying their own small aircraft for personal use generally are not subject to these background check requirements. The disqualification framework below applies once you are seeking a credential, badge, or safety-sensitive position that federal law brings under TSA vetting.
Permanently Disqualifying Criminal Offenses
A conviction, or a finding of not guilty by reason of insanity, for any of the offenses on this list permanently bars you from TSA-regulated aviation credentials. There is no lookback period, and no waiver is available for these crimes:4eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses
- Espionage, or conspiracy to commit espionage
- Sedition, or conspiracy to commit sedition
- Treason, or conspiracy to commit treason
- Federal terrorism as defined in 18 U.S.C. 2332b(g), or comparable state offenses
- Transportation security incidents resulting in significant loss of life, environmental damage, or transportation system disruption
- Improper transport of hazardous materials
- Explosives offenses, including possession, distribution, manufacture, or dealing in explosives or explosive devices
- Murder
- Bomb threats or maliciously conveying false information about an explosive device targeting public places, government facilities, or transportation systems
- RICO violations where a predicate act involves any of the offenses above
- Attempt or conspiracy to commit any of these offenses
These offenses do not age off. A conviction thirty years ago has the same effect as one last year.
Interim Disqualifying Criminal Offenses
A second category of felonies disqualifies you only within a defined window. You are ineligible if the conviction occurred within seven years of your application date, or if you were released from incarceration for the offense within five years of your application date:4eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses
- Unlawful possession, sale, distribution, or dealing in a firearm or other weapon
- Extortion
- Fraud or dishonesty offenses, including identity fraud and money laundering tied to a listed disqualifying offense; welfare fraud and passing bad checks do not count under this category
- Bribery
- Smuggling
- Immigration violations
- Distribution, possession with intent to distribute, or importation of controlled substances
- Arson
- Kidnapping or hostage taking
- Rape or aggravated sexual abuse
- Assault with intent to kill
- Robbery
- Fraudulent entry into a seaport
- RICO violations not covered by the permanent list
- Attempt or conspiracy to commit any of these offenses
The two windows work independently, and both must be clear. If you were convicted six years ago but served a long sentence and were released three years ago, you remain within the disqualifying period even though the seven-year mark is close. The clock that governs your eligibility is whichever runs longer.
Non-Criminal Disqualifying Factors
A clean criminal record is not the whole test. The TSA can disqualify applicants on several grounds unrelated to specific convictions.5Transportation Security Administration. Disqualifying Offenses and Other Factors
Mental Capacity Findings
You are disqualified if a court or government authority has determined that you pose a danger to yourself or others because of mental illness, that you lack the capacity to manage your own affairs, or that you are not competent to stand trial. Involuntary commitment to an inpatient psychiatric facility also triggers disqualification.
False Statements on the Application
Providing materially false information on your application is itself a disqualifier, independent of any underlying offense. Errors of omission on questions about criminal history or immigration status can end an application even where the underlying facts would not have.
Extensive Criminal History and Long Sentences
The TSA may deny eligibility when its review reveals extensive criminal convictions, a conviction for a serious crime that is not specifically listed but is comparable (including lesser included offenses such as voluntary manslaughter), or any period of imprisonment exceeding 365 consecutive days. That last threshold catches people who assume only the enumerated offenses matter. A long sentence for a serious crime can independently disqualify you.
Transportation Security Violations
Records of transportation security regulatory violations can support denial even without a criminal conviction. This includes security-related incidents at airports, interference with a flight crew, and assault on board an aircraft. A civil enforcement finding is enough.
Lawful Presence and Watchlist Matches
You must document that you are lawfully present in the United States, and a match or potential match against terrorism, immigration, or law enforcement watchlists blocks eligibility pending further review.6Department of Homeland Security. Security Threat Assessment for Airport Badge and Credential Holders Privacy Impact Assessment
What Happens When You Are Flagged
If the TSA finds potentially disqualifying information, it sends a Preliminary Determination of Ineligibility letter that explains the basis for the finding and your options. You have 60 days from receipt to respond, and you can request additional time.7Transportation Security Administration. What if I Receive a Preliminary Determination of Ineligibility Letter from TSA
Your response can take the form of an appeal, a waiver request, or both. File an appeal when you believe the finding is factually wrong, such as mistaken identity or a conviction that has been expunged. File a waiver when you acknowledge the disqualifying factor but ask the TSA to grant eligibility based on mitigating circumstances.
When a Waiver Is Available
Waivers are available for interim disqualifying offenses and for mental capacity determinations where medical documentation shows the condition is resolved. Waivers are not available for permanently disqualifying offenses. When evaluating a waiver, the TSA considers the circumstances of the offense, any restitution made, federal or state mitigation remedies, and other evidence that you do not pose a security threat.8eCFR. 49 CFR 1515.7 – Procedures for Waiver of Criminal Offenses, Immigration Status, or Mental Capacity Standards
Ongoing Obligations After You Are Cleared
Eligibility is not a one-time hurdle. Once you have a fingerprint-based check on file, you are enrolled in the FBI’s Rap Back program, which provides continuous criminal history monitoring. A new arrest or conviction generates an automatic notification to your airport operator.9Department of Homeland Security. Privacy Impact Assessment for Airport Access for Aviation Workers The TSA also runs recurring name-based checks against terrorism, immigration, and law enforcement databases for all credentialed workers throughout the life of the credential.6Department of Homeland Security. Security Threat Assessment for Airport Badge and Credential Holders Privacy Impact Assessment
You have your own reporting duty as well. Federal regulations require you to disclose any disqualifying criminal offense to your airport operator within 24 hours of conviction while you hold unescorted access authority.2eCFR. 49 CFR 1542.209 – Fingerprint-Based Criminal History Records Checks Failing to report can cost you your access even in situations where the offense itself might have been survivable through appeal or waiver.