TSA Disqualifying Offenses: Permanent, Interim, and Waivers

TSA disqualifying offenses fall into two lists under 49 CFR § 1572.103: a permanent list of serious felonies that bar you for life from a hazmat endorsement (HME) or a Transportation Worker Identification Credential (TWIC), and an interim list of felonies that bar you for seven years from the date of conviction or five years from release from incarceration, whichever is longer.1eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses The same lists govern both credentials, because both rely on the same TSA security threat assessment. TSA PreCheck uses a different vetting process with its own rules, so what follows does not apply to a PreCheck application.

Permanent Disqualifying Offenses

A conviction for any offense on this list is a lifetime bar. There is no waiting period and no waiver. A finding of not guilty by reason of insanity counts the same as a conviction for these purposes.1eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses

  • Espionage, sedition, or treason, including conspiracy to commit any of them
  • Federal terrorism offenses or comparable state terrorism crimes, including conspiracy
  • A crime involving a transportation security incident — one that caused significant loss of life, environmental damage, or major economic or transportation disruption
  • Improper transportation of hazardous materials under federal or comparable state law
  • Dealing in explosives or explosive devices, covering possession, sale, manufacture, transport, or any other handling of explosives or destructive devices
  • Murder
  • Threatening to place or detonate an explosive or lethal device in a public space, government facility, transportation system, or infrastructure facility, including knowingly conveying false information about such a threat
  • RICO violations where one of the underlying predicate acts is itself a permanently disqualifying offense
  • Attempting or conspiring to commit any of the offenses above

Waivers are not available for anything on this list. The only routes back are the exceptions to what counts as a conviction, discussed further down.

Interim Disqualifying Offenses

The interim list bars you temporarily. You are disqualified if you were convicted within seven years of the date you apply, or if you were released from incarceration within five years of that date. Both clocks run, and the one that puts you further out controls. Someone convicted eight years ago but released three years ago is still inside the five-year incarceration window and still ineligible.1eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses

  • Firearms or weapons offenses — unlawful possession, sale, manufacture, transport, or dealing in firearms or other weapons
  • Extortion
  • Fraud, dishonesty, or misrepresentation, including identity fraud and money laundering tied to any disqualifying offense. Welfare fraud and passing bad checks are specifically excluded.
  • Bribery
  • Smuggling
  • Immigration violations
  • Distribution of, possession with intent to distribute, or importation of a controlled substance
  • Arson
  • Kidnapping or hostage taking
  • Rape or aggravated sexual abuse
  • Assault with intent to kill
  • Robbery
  • Fraudulent entry into a seaport
  • RICO violations other than those that qualify as permanent disqualifiers
  • Conspiracy or attempt to commit any interim offense

The fraud carve-outs matter. If you have a fraud-related conviction, check the exact statute you were convicted under before assuming it disqualifies you: welfare fraud and bad-check convictions do not count under this rule.

Open Charges and Outstanding Warrants

Anyone currently wanted or under indictment for any felony on either list is disqualified until the matter resolves in their favor.1eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses An outstanding warrant for robbery blocks your application even though robbery is only an interim offense. Once charges are dropped or you’re acquitted, you can apply or reapply.

What Counts as a Conviction

TSA’s definition of “conviction” is broader than most applicants expect. It covers any guilty plea, any no-contest (nolo contendere) plea, and any finding of guilt by a civilian or military court.2GovInfo. 49 CFR 1572.3 – Terms Used in This Part A deferred adjudication where you pleaded guilty still counts as a conviction under these rules, even if a state court later set it aside for employment purposes.

Two exceptions get you out from under a record that would otherwise disqualify you. First, a conviction that is overturned on appeal, pardoned, or fully expunged is no longer a conviction for TSA’s purposes. To count as expunged, the conviction must be completely removed from your criminal history with no lingering legal restrictions other than potential sentencing enhancement for future crimes. Second, if you were allowed to withdraw a guilty or no-contest plea, then entered a not-guilty plea, and the case was dismissed, that record no longer qualifies as a conviction.2GovInfo. 49 CFR 1572.3 – Terms Used in This Part

This is where applicants often get caught out. State-level “dismissals” and diversionary programs don’t always meet TSA’s expungement standard. If your underlying plea was never withdrawn and the record wasn’t fully removed, TSA will still see a conviction. Before applying, pull your record and confirm what the court actually did.

Non-Criminal Grounds for Disqualification

The offense lists aren’t the only way to fail the threat assessment. Two other categories can produce a denial on their own.

You are ineligible if you have been adjudicated as lacking mental capacity or formally committed to a mental health facility by a court, board, commission, or other lawful authority. Formal commitment includes involuntary commitment and commitment for mental illness or drug use. Voluntary admission, and commitment solely for observation, do not count.3eCFR. 49 CFR 1572.109 – Mental Capacity

On the immigration side, anyone in removal proceedings or subject to an active removal order is ineligible for a TWIC. Certain nonimmigrant visa holders, including H-1B, L-1, E-1, O-1, TN, and C-1/D crewman visas, among others, can qualify for a TWIC, but their employers must retrieve the credential and notify TSA within five business days if the visa expires or the employment ends.4eCFR. 49 CFR 1572.105 – Immigration Status

Waiver or Appeal After a Denial

If TSA identifies a disqualifying issue, you’ll receive a Preliminary Determination of Ineligibility letter identifying the offense. You have 60 days from receipt to respond, and you can request an extension for good cause. Doing nothing within 60 days lets the preliminary determination become final automatically.5Transportation Security Administration. What if I Receive a Preliminary Determination of Ineligibility Letter?6eCFR. 49 CFR 1515.5 – Appeal of Initial Determination of Threat Assessment

An appeal is the right response when TSA’s record is wrong: the conviction belongs to someone else, the charges were dismissed, or the record should have been expunged. Get the record corrected at its source (the court or agency) and submit a certified copy to TSA. You can also ask, within the same 60 days, for copies of the materials TSA relied on so you can see exactly what they have before responding.6eCFR. 49 CFR 1515.5 – Appeal of Initial Determination of Threat Assessment

A waiver is for situations where the record is accurate but you argue you no longer pose a security threat. Waivers are available only for interim disqualifying offenses; permanent offenses cannot be waived. TSA considers the circumstances of the offense, any restitution paid, state or federal mitigation remedies you’ve pursued, and any other evidence bearing on the security risk.7eCFR. 49 CFR 1515.7 – Procedures for Waiver of Criminal Offenses

If TSA issues a Final Determination denying the appeal or waiver, you can request review by an Administrative Law Judge within 30 days.8eCFR. 49 CFR 1515.11 – Review by Administrative Law Judge and TSA Final Decision Maker

CDL Disqualifications Are Separate

Drivers sometimes conflate the TSA threat assessment with the CDL disqualification rules administered by the Federal Motor Carrier Safety Administration. They are different systems. DUI convictions and reckless driving, for example, can suspend or disqualify a CDL under FMCSA rules but do not appear on TSA’s list of disqualifying offenses for the hazmat endorsement. It’s possible to pass the TSA background check and still lose the ability to drive commercially because of a major traffic violation, and the reverse is equally possible. Clearing one system does not clear the other.