Don’t give up applying for a TWIC card even if you have a legal record

Having a criminal record doesn’t mean you should lose hope in being issued a TWIC card. But it’s a process you should not pursue alone.

A maritime attorney can be an indispensable tool in your efforts to get your TWIC card. Navigating a complicated appeals process, by yourself, and without an experienced maritime attorney by your side is a bad idea.

Here’s the bad news first. According to the TSA, the agency that issues TWIC cards, certain offenses will permanently disqualify an applicant from receiving a card.

The good news is that many offenses do not fall in this category and at worst many applicants with legal records will only have to go through an interim appeals or waiver process before TWIC issuance.

TSA says that Permanent Disqualifying Offenses are for certain felonies regardless of when they occurred and there is no eligibility for a waiver. These offenses include convictions for:

-Espionage
-Sedition
-Treason
-Federal terrorism
-Transportation security incident resulting in significant loss of life, transportation system disruption or environmental damage
-Improper transport of hazardous materials
-Unlawful use, possession, distribution, export or storage of an explosive device
-Making any threat, whether real or fabricated, to use an explosive device in a public, state or government facility
-Murder
-Certain RICO statue violations

Interim Disqualifying Offenses allow an applicant to apply for a waiver (in certain situations) for the following felony convictions:

- Unlawful possession, delivery, transport, export, import or dealing with a firearm
-Extortion
-Identity fraud and money laundering
-Bribery
-Smuggling
-Immigration violations
-Distribution or importation of a controlled substance
-Arson
-Kidnapping
-Rape
-Assault with intent to kill
-Fraudulent entry into a seaport
-Certain RICO statute violations

Now according to the TSA, these interim disqualifying offenses allow applicants to apply for a waiver if the conviction or guilty plea occurred within 7 years of the application or if he or she was released from prison within 5 years of the application. In other words, the “look back” periods are 5 or 7 years.

If you have an expunged conviction, you should proceed with the application just as if you never had a disqualifying offense. The conviction must be “truly” expunged (removed from the individual criminal history record). However, even expunged convictions must be disclosed on the application in order to obtain merchant mariner’s credentials otherwise the applicant may be determined to be fraudulent.

If the applicant is currently under indictment for a disqualifying offense, the TWIC cannot be held until the indictment is dismissed. You can apply for the card under a pending indictment but there is no guarantee that a waiver will be granted.

There are two options if you are initially ruled to be ineligible for a TWIC. You can file an Appeal if you disagree with the ruling because you believe it was based on incorrect information submitted at enrollment or incorrect court records. You can request a Waiver if you fall under some of the disqualifying offenses and you are advised to submit information supporting why you are no longer a security threat. Some of this supporting evidence may include the circumstances of the conviction, character references and work history since the conviction.

The agency will notify the applicant of denial and provide instructions on how to appeal or apply for a waiver. Important: You must notify TSA if your legal circumstances change and you lose your eligibility to hold the document, even if you already have one.

Do not try to go this process alone, seek the guidance of an experienced maritime attorney.