You can get a TWIC card with a felony conviction in most cases. The Transportation Security Administration sorts disqualifying felonies into two buckets: a short list of permanent disqualifiers, and a longer list of interim disqualifiers that only block you for a set number of years. If your felony isn’t on either list, it doesn’t affect your eligibility. If it’s on the interim list and enough time has passed, you qualify. And even applicants with most permanent disqualifiers can request a waiver by showing they no longer pose a security threat.<\/p>\n
Six categories of felony convictions result in a lifetime disqualification from a TWIC card. A finding of not guilty by reason of insanity counts the same as a conviction.1<\/a><\/sup>eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses<\/a><\/span><\/p>\n Four of them are absolute bars. No waiver is available, no matter how long ago the conviction occurred:<\/p>\n The remaining permanent disqualifiers also carry a lifetime ban, but a waiver is possible:<\/p>\n The distinction matters. If your permanent disqualification falls into the second group, you still have a route through the waiver process. The first four leave no route at all.<\/p>\n A much broader set of felonies triggers a temporary disqualification only. These convictions block your eligibility if the conviction occurred within seven years of your application, or you were released from incarceration within five years of your application, whichever period is longer.1<\/a><\/sup>eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses<\/a><\/span><\/p>\n The interim disqualifying felonies are:<\/p>\n As with permanent offenses, a not-guilty-by-reason-of-insanity finding is treated as a conviction.<\/p>\n If your felony is interim, two clocks must both run out before you qualify. At least seven years must have passed since the date of conviction, and at least five years must have passed since your release from incarceration.1<\/a><\/sup>eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses<\/a><\/span><\/p>\n Here’s where people miscalculate. If you were convicted eight years ago but released from prison only four years ago, you don’t yet qualify. The five-year post-release requirement runs independently of the seven-year conviction requirement. Both windows must close.<\/p>\n You don’t have to wait it out, though. During the disqualification period, you can apply for a waiver rather than sitting on the sidelines until the clocks expire.<\/p>\n A pardon or expungement doesn’t automatically clear you for a TWIC. Under TSA’s rules, a conviction counts as expunged only if it has been fully removed from your criminal history record and no legal restrictions remain attached to it, apart from the possibility that it could be used for sentencing in a future case. If your state’s expungement leaves the record partially accessible to federal agencies, TSA may still treat the conviction as active.<\/p>\n An overturned conviction, by contrast, removes the disqualification cleanly. A pardon that forgives the sentence without vacating the conviction may not.<\/p>\n If the background check turns up something potentially disqualifying, you’ll receive a Preliminary Determination of Ineligibility letter identifying the specific offenses, arrests, or findings that triggered it.2<\/a><\/sup>Transportation Security Administration. What if I Receive a Preliminary Determination of Ineligibility Letter From TSA<\/a><\/span> You have 60 days from receipt to respond or ask for more time.3<\/a><\/sup>Transportation Security Administration. TWIC Frequently Asked Questions<\/a><\/span> Miss that window and the denial can become final.<\/p>\n Your response can take one of two forms, or both: an appeal, a waiver request, or an appeal followed by a waiver.2<\/a><\/sup>Transportation Security Administration. What if I Receive a Preliminary Determination of Ineligibility Letter From TSA<\/a><\/span><\/p>\n An appeal challenges the facts behind TSA’s determination. File one if the conviction listed in the letter is wrong, if it was overturned, or if you received a pardon that vacates the conviction. The appeal must be in writing and accompanied by official court documents supporting your claim. TSA is expected to notify you of the outcome within 60 days of receiving the request.4<\/a><\/sup>U.S. Department of Homeland Security \/ Transportation Security Administration. Preliminary Determination of Ineligibility Letter Template<\/a><\/span><\/p>\n A waiver concedes the conviction but argues you no longer pose a security threat. Waivers are available for all interim disqualifying offenses and for the second group of permanent disqualifiers listed above. They are not available for espionage, sedition, treason, or terrorism convictions.5<\/a><\/sup>Transportation Security Administration, DHS. 49 CFR Part 1515 – Appeal and Waiver Procedures for Security Threat Assessments for Individuals<\/a><\/span><\/p>\n TSA weighs five factors:6<\/a><\/sup>U.S. Department of Homeland Security. Information for Previously Incarcerated Individuals on the Transportation Worker Identification Credential (TWIC)<\/a><\/span><\/p>\n Strong waiver packages exceed the minimum. TSA’s own guidance encourages applicants to include a letter from a probation officer or a completion certificate from a rehabilitation program, a letter of reference from a current supervisor on company letterhead, and any awards or performance reviews from the past three years showing competency and safety commitment. Include official court documents showing the disposition of your case, proof of restitution, and paperwork showing you completed every term of your sentence.<\/p>\n The waiver request must be submitted within 60 days of receiving TSA’s final determination. You can pursue an appeal first and file the waiver afterward, as long as you stay inside the deadline.5<\/a><\/sup>Transportation Security Administration, DHS. 49 CFR Part 1515 – Appeal and Waiver Procedures for Security Threat Assessments for Individuals<\/a><\/span><\/p>\n If TSA issues a Final Determination of Threat Assessment after your appeal under 49 CFR 1515.9, you can ask an administrative law judge to review it. This is the last administrative step. You must file within 30 calendar days of the final determination or the denial stands.7<\/a><\/sup>eCFR. 49 CFR 1515.11 – Review by Administrative Law Judge and TSA Final Decision Maker<\/a><\/span><\/p>\n The filing must include copies of both the initial and final threat assessment notifications plus everything you submitted during your appeal. You cannot introduce new evidence at this stage. The ALJ reviews only what TSA already saw. You can request an in-person hearing as part of your filing.7<\/a><\/sup>eCFR. 49 CFR 1515.11 – Review by Administrative Law Judge and TSA Final Decision Maker<\/a><\/span><\/p>\n Filings go to the ALJ Docketing Center at the U.S. Coast Guard in Baltimore, Maryland. Because no new evidence is allowed, everything depends on how thoroughly you documented your case during the initial appeal.<\/p>\n Approval isn’t the end of TSA’s involvement. TSA runs recurrent vetting of all TWIC holders through the terrorist screening database and the National Crime Information Center, which flags outstanding warrants. Applicants are also enrolled in the DHS Automated Biometric Identification System, which stores fingerprints and photographs for over 259 million individuals. And TSA participates in the FBI’s Next Generation Identification Rap Back program, which sends automatic notifications when a cardholder’s criminal history record changes.8<\/a><\/sup>Transportation Security Administration. Recurrent Vetting<\/a><\/span><\/p>\n A new disqualifying conviction while you hold a TWIC can trigger revocation. The card’s five-year validity doesn’t insulate you from a change in your criminal record.9<\/a><\/sup>eCFR. 49 CFR 1572.23 – TWIC Expiration<\/a><\/span> If TSA is notified of a new disqualifying offense, it can pull your credential before it expires.<\/p>\n","protected":false},"excerpt":{"rendered":" Learn how getting a TWIC card with a felony works, from permanent and time-limited disqualifiers to the appeals and waiver process that follows.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-96","post","type-post","status-publish","format-standard","hentry","category-employment-labor-workplace-safety","article","has-excerpt","has-avatar","has-author","has-date","has-comment-count","has-category-meta","has-read-more","thumbnail-"],"_links":{"self":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts\/96","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=96"}],"version-history":[{"count":0,"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts\/96\/revisions"}],"wp:attachment":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=96"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=96"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=96"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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Felonies That Temporarily Disqualify You<\/h2>\n
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How the Seven-Year and Five-Year Windows Work<\/h2>\n
Pardons, Expungements, and Overturned Convictions<\/h2>\n
What Happens When TSA Flags Your Record<\/h2>\n
Appeals<\/h3>\n
Waiver Requests<\/h3>\n
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Administrative Law Judge Review<\/h2>\n
A New Felony Can Cost You the Card<\/h2>\n