TWIC Card Disqualifying Offenses: Complete 2026 Guide

A criminal record does not automatically disqualify you from obtaining a Transportation Worker Identification Credential. TSA’s criminal-history rules identify specific felony offenses—not every felony—and divide them into permanent and interim disqualifying categories.

Even when your record involves a listed offense, you may still have options:

An appeal may be appropriate if TSA relied on inaccurate records, used incorrect dates, or improperly classified the conviction.
A waiver may be available if the disqualifying condition is accurate but falls within TSA’s waiver authority.
Some applicants should file an appeal and request a waiver in the alternative.
An interim offense may no longer disqualify you once both the seven-year conviction period and five-year release-from-incarceration period have expired.
Certain permanent offenses remain disqualifying regardless of age but may still be waived.
A narrow group of permanent offenses generally cannot be waived.

The controlling criminal-offense regulation is 49 C.F.R. § 1572.103. The result in any particular case depends on the actual statute of conviction, the elements of the offense, the final disposition, the relevant dates, and the official records—not merely the description appearing on a commercial background report.

If you have received an adverse TSA letter, you generally must act within 60 days after receiving an Initial Determination of Threat Assessment. National Security Law Firm represents TWIC applicants nationwide in appeals and waivers.

For qualifying initial-stage representation, our flat legal fee is $2,495. We review the TSA letter, analyze the alleged disqualification, obtain ordinary court records, develop the evidence, prepare the legal submission, and manage the covered TSA proceeding.

Schedule a free consultation or call (202) 600-4996.

What Can Disqualify You From Getting a TWIC Card?

TSA may determine that a TWIC applicant does not meet the security threat assessment standards because of:

A permanent disqualifying felony
An interim disqualifying felony within the applicable time period
A want, warrant, or indictment for a listed felony
An arrest for a listed offense when the criminal-history record does not report the disposition
Immigration-status issues
A mental-capacity determination
Terrorism-related, intelligence, or other security information
Information discovered through recurrent vetting after TSA issued the TWIC

This guide focuses on the criminal-offense provisions in 49 C.F.R. § 1572.103. Immigration, mental-capacity, and other security analyses are governed by separate provisions and may involve different procedures.

TWIC Disqualifying-Offense Categories at a Glance

An appeal can potentially be appropriate in any category if TSA’s record, factual finding, dates, identity match, or legal classification is wrong. Waiver eligibility is more limited and is determined by 49 C.F.R. § 1515.7.

What Does “Convicted” Mean Under the TWIC Rules?

The federal definition of “convicted” is found in 49 C.F.R. § 1570.3.

The definition generally includes situations in which a person:

Was found guilty;
Pleaded guilty or nolo contendere;
Received probation before judgment;
Received a suspended sentence; or
Had the proceeding deferred after a finding or plea of guilt.

The federal definition can apply even when a state later describes the case as dismissed, expunged, or otherwise resolved after a diversionary disposition. Conversely, a conviction that has been overturned on appeal or pardoned may receive different treatment under the federal definition.

The name of the state procedure does not control by itself. TSA may examine what the court actually did and whether the disposition falls within the federal definition.

If your conviction was expunged, sealed, dismissed after probation, vacated, set aside, reversed, or pardoned, the complete court record should be reviewed before assuming that TSA will—or will not—count it.

Permanent TWIC Card Disqualifying Offenses

A conviction or finding of not guilty by reason of insanity for a felony listed in § 1572.103(a) is a permanent disqualifying condition. “Permanent” means the offense does not expire merely because the conviction is old.

However, permanent does not always mean nonwaivable. TSA’s waiver regulation covers permanent offenses listed in § 1572.103(a)(5) through (a)(12), but not the completed offenses and conspiracies listed in (a)(1) through (a)(4).

The Attempt-and-Conspiracy Distinction Matters

The permanent-offense regulation contains a technical distinction that can easily be missed.

Completed espionage, sedition, treason, and terrorism offenses—and conspiracies to commit those offenses—are listed in § 1572.103(a)(1) through (a)(4). TSA’s waiver regulation does not include those four subsections.

Attempts to commit those offenses, however, are separately listed in § 1572.103(a)(11). The waiver regulation expressly covers § 1572.103(a)(5) through (a)(12).

The regulatory text therefore places attempts under subsection (a)(11) within the stated scope of TSA’s waiver procedure, even though the corresponding completed offenses and conspiracies under subsections (a)(1) through (a)(4) are outside that scope.

This is a narrow legal distinction. Anyone facing a determination based on one of these provisions should obtain an individualized review rather than relying on a shortened online list.

What Is a Transportation Security Incident?

Section 1572.103(a)(5) defines a transportation security incident by reference to federal maritime law.

The category concerns a security incident resulting in significant:

Loss of life;
Environmental damage;
Transportation-system disruption; or
Economic disruption in a particular area.

The regulation excludes a work stoppage or other employee-related action resulting from an employer-employee dispute and unrelated to terrorism.

Because this category depends on more than the ordinary name of an offense, TSA’s classification may require analysis of the conviction, admitted conduct, and statutory definition.

What Explosives Offenses Are Permanently Disqualifying?

Section 1572.103(a)(7) broadly covers unlawful conduct involving explosives or explosive devices, including unlawful:

Possession;
Use;
Sale;
Distribution;
Manufacture;
Purchase;
Receipt;
Transfer;
Shipping;
Transportation;
Importation;
Exportation;
Storage; or
Dealing.

This is different from the interim category for firearms and other weapons. A case involving a firearm is not automatically an explosives case. The item involved, statute of conviction, charging documents, and final judgment matter.

Interim TWIC Card Disqualifying Offenses

Interim offenses are disqualifying only during specified periods.

Under § 1572.103(b), an interim felony is disqualifying if either:

The applicant was convicted or found not guilty by reason of insanity within seven years of the TWIC application; or
The applicant was incarcerated for that offense and released within five years of the TWIC application.

Both timing tests must be outside their respective periods before the offense ceases to be disqualifying based on age.

For example, a conviction from eight years ago can remain disqualifying if the applicant was released from incarceration only three years before applying.

How Do the Seven-Year and Five-Year Rules Work?

The two timing rules operate independently.

Seven Years From the Conviction

TSA examines whether the conviction or finding of not guilty by reason of insanity occurred within seven years of the TWIC application date.

The relevant date is generally the conviction date—not the arrest date, offense date, completion-of-probation date, or date the case first appeared in a database.

Five Years From Release From Incarceration

If the applicant was incarcerated for the interim offense, TSA also examines whether the applicant was released within five years of the TWIC application.

This calculation can require official corrections records, particularly when the applicant experienced:

Multiple periods of confinement;
Resentencing;
Parole revocation;
A probation violation;
Work release;
Halfway-house placement;
Concurrent or consecutive sentences; or
Incarceration attributable to more than one case.

Do not assume the end of probation or parole is necessarily the release-from-incarceration date. The proper date should be established through sentencing and corrections records.

Both Periods Must Have Expired

Suppose an applicant:

Was convicted eight years before applying;
Received a six-year prison sentence; and
Was released three years before applying.

Although the conviction is outside the seven-year period, the release occurred within five years. The interim offense can therefore remain disqualifying.

If TSA used the wrong application, conviction, or release date, the applicant may have a strong basis for a TWIC card appeal.

Are Misdemeanors TWIC Disqualifying Offenses?

The criminal-offense categories in § 1572.103 apply to specified felonies. A misdemeanor ordinarily does not qualify as a disqualifying criminal conviction under this list.

That does not mean every record labeled “misdemeanor” is automatically irrelevant. The analysis may require determining:

The statute of conviction;
The offense’s classification in the relevant jurisdiction;
Whether the jurisdiction uses terminology different from “felony” and “misdemeanor”;
The maximum authorized punishment;
Whether the background report correctly identifies the final charge; and
Whether TSA is relying on some other security-related information.

A person originally charged with a felony but ultimately convicted only of a misdemeanor may have grounds to appeal. The appeal should include the certified judgment or other reliable disposition showing the offense of conviction.

Does Simple Drug Possession Disqualify You From a TWIC?

Simple possession is not separately listed as a disqualifying felony under § 1572.103(b)(2)(vii).

The interim controlled-substance category identifies:

Distribution;
Possession with intent to distribute; and
Importation.

A background report may use a general label such as “drug offense,” “controlled substance,” or “narcotics” without accurately identifying the conviction.

If TSA treated a simple-possession conviction as distribution or possession with intent to distribute, the applicant may have grounds to appeal. The controlling documents may include the charging instrument, plea agreement, transcript, judgment, and the statute in effect when the offense occurred.

The distinction must be based on the actual conviction and governing law. An applicant should not describe a distribution conviction as simple possession merely because the amount involved was small or the applicant believes the offense was minor.

Does Fraud Always Disqualify You?

No. The interim category covers specified felony dishonesty, fraud, or misrepresentation offenses. It expressly includes identity fraud and certain money laundering connected to another listed offense.

The regulation also expressly states that welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of this category.

That exclusion can be important when a background report uses the general word “fraud.” TSA’s determination should be compared to:

The precise statute;
The elements of the offense;
The charging language;
The admitted or proven conduct; and
The final judgment.

Not every offense involving dishonesty in an everyday sense necessarily fits TSA’s federal regulatory category.

Can an Outstanding Warrant or Pending Indictment Disqualify You?

Yes. Under § 1572.103(c), an applicant who is wanted or under indictment for a felony listed in the regulation is disqualified until:

The want or warrant is released; or
The indictment is dismissed.

A warrant or indictment is not the same as a conviction, but it can independently prevent TWIC eligibility while it remains unresolved.

An appeal may be appropriate if:

The warrant belongs to another person;
The warrant was recalled or quashed;
The underlying case was resolved;
The indictment was dismissed;
The record was not updated;
The pending charge is not one of the listed felonies; or
TSA otherwise relied on incomplete information.

The applicant should obtain official proof from the court, prosecutor, or relevant law-enforcement agency. A personal explanation ordinarily will not substitute for documentation establishing the warrant’s or indictment’s current status.

What Happens When an Arrest Record Has No Disposition?

A fingerprint-based criminal-history report may list an arrest without showing what happened afterward.

The missing information may include:

A prosecutorial declination;
A dismissal;
A nolle prosequi;
A diversion disposition;
A reduction to a misdemeanor;
An acquittal;
A conviction for a different offense;
A vacatur or reversal; or
Another final disposition.

Under § 1572.103(d), when a fingerprint-based check reports an arrest for a listed disqualifying offense without a disposition, TSA notifies the applicant and provides instructions for clearing the record.

The applicant generally must provide written proof within 60 days after the service date of TSA’s notification that the arrest did not result in a conviction for the disqualifying offense. If TSA does not receive the proof, it may determine that the applicant is disqualified.

Applicants should obtain official records rather than relying exclusively on a commercial background report. Depending on the case, useful evidence may include:

A certified judgment;
A dismissal or nolle prosequi order;
A prosecutor’s certification;
A court clerk’s certification;
A judgment of acquittal;
An amended charging document;
A corrected state criminal-history report; or
A corrected FBI Identity History Summary.

Why the Background-Report Label Does Not Decide the Case

A commercial or government criminal-history report is an investigative starting point. Its shorthand description does not necessarily establish that the offense satisfies TSA’s regulatory category.

For example:

“Drug offense” may refer to simple possession rather than distribution.
“Assault” may not include an intent to kill.
“Weapons offense” may involve an item or conduct outside the regulatory category.
“Fraud” may refer to welfare fraud, which the regulation expressly excludes.
“Terroristic threats” under a state statute may not necessarily be comparable to the federal terrorism category.
“Explosives” may be an inaccurate or overbroad database description.
“Robbery” may have been amended to theft.
A felony charge may have resulted in a misdemeanor conviction.
A reported conviction may actually belong to another person.

The proper analysis can require comparison of:

The statute in effect at the time of the offense;
The elements of that statute;
The charging instrument;
The plea or trial record;
The final judgment;
Any amended or lesser offense;
TSA’s identified regulatory category; and
Relevant federal authority concerning comparability.

An applicant should neither accept nor dispute TSA’s classification without first understanding the official record.

How Pardons, Expungements, and Vacated Convictions Affect TWIC Eligibility

Post-conviction relief can affect TSA’s analysis, but state terminology is not uniform.

Pardons

The federal definition of “convicted” excludes a conviction for which the applicant received a pardon. The applicant should submit the official pardon and documents establishing the conviction it covers.

The scope and legal effect of the pardon should be reviewed carefully.

Reversed Convictions

A conviction overturned on appeal is generally excluded from TSA’s definition. The applicant should provide the appellate mandate, opinion, corrected judgment, or other official records showing the current disposition.

Expungements

TSA’s definition addresses expunged convictions, but not every procedure called an “expungement” has the same effect.

Some state orders seal the record from public view while leaving the conviction legally intact. Others dismiss, set aside, or vacate the judgment. TSA may examine the substance of the proceeding instead of relying solely on the title of the order.

Vacated or Set-Aside Convictions

A vacatur requires individualized analysis. Relevant questions can include:

What exactly did the court vacate?
Why was the order entered?
Was the conviction legally invalid?
Was the relief based solely on rehabilitation or employment consequences?
Does another judgment or charge remain?
How does the federal definition apply to the state procedure?

Submit the complete signed order and any related judgment, docket, opinion, or transcript necessary to establish the legal effect of the relief.

Appeal or Waiver: Which One Do You Need?

An appeal and a waiver serve different purposes.

A TWIC Appeal Challenges TSA’s Determination

An appeal argues that TSA’s decision is factually or legally wrong.

An appeal may be appropriate when:

The record belongs to someone else;
The charge was dismissed;
The applicant was acquitted;
The conviction was for a misdemeanor;
The felony charge was reduced;
TSA used the wrong conviction date;
TSA used the wrong release date;
The seven-year and five-year periods have expired;
A warrant was recalled;
An indictment was dismissed;
The conviction was reversed or pardoned;
TSA placed the offense in the wrong category; or
The state offense is not comparable to the federal category TSA identified.

Learn more about the evidence and procedure in our guide to appealing a TWIC card denial.

A TWIC Waiver Accepts a Disqualifying Condition but Requests Relief

A waiver generally acknowledges that an accurately reported disqualifying condition exists but asks TSA to determine that the applicant does not pose a security threat.

Under § 1515.7, TSA may waive:

Permanent offenses listed in § 1572.103(a)(5) through (a)(12);
Interim offenses listed in § 1572.103(b);
Certain immigration-status conditions involving Temporary Protected Status; and
Certain mental-capacity standards.

TSA’s waiver analysis may consider:

The circumstances of the offense;
Restitution;
Federal or state mitigation remedies;
Court records;
Sentence completion;
Rehabilitation;
Employment history;
Treatment;
Training and education;
Community involvement;
Character and reliability; and
Other evidence showing that the applicant does not pose a security threat.

Read our complete guide to the TWIC waiver application process and supporting evidence.

Some Applicants Should Request Both

An applicant may appeal TSA’s classification while requesting a waiver in the alternative.

For example, an applicant might argue that:

The state conviction does not match the disqualifying category; but
If TSA disagrees, the condition is waivable and the applicant does not pose a security threat.

Alternative arguments must be drafted carefully. A waiver request should not unintentionally concede an important fact or legal issue being disputed in the appeal.

What Are the Deadlines After a TWIC Denial?

Under 49 C.F.R. § 1515.5, an applicant generally must initiate an appeal within 60 days after receiving TSA’s Initial Determination of Threat Assessment.

An appeal may be initiated by:

Submitting a written reply;
Requesting TSA’s releasable materials; or
Requesting an extension under the regulation.

If the applicant timely requests TSA’s supporting materials, a separate response period generally applies after TSA serves those materials.

A waiver may be requested during the application process, after pursuing some or all of the appeal procedure, or no later than 60 days after service of TSA’s Final Determination of Threat Assessment.

TSA may grant an extension for good cause, but an applicant should never assume an extension will be approved.

The deadline and procedural posture in the actual TSA letter should control the applicant’s immediate response.

What Happens If TSA Denies a Waiver?

A waiver denial is not the end of every case.

Under 49 C.F.R. § 1515.11, an applicant generally may request review by a TSA Administrative Law Judge within 30 calendar days after service of the waiver denial.

The ALJ ordinarily reviews the evidence that was previously submitted to TSA. This creates an important closed-record problem: an applicant generally cannot wait until ALJ review to supply rehabilitation evidence that should have been included in the original waiver request.

If an applicant wants TSA to consider new evidence, the regulations generally require a new waiver request, and the pending ALJ proceeding may be dismissed.

That is why the first waiver submission should be treated as the foundation of any later review—not as an informal first attempt.

Can You Obtain a TWIC With a Felony?

Often, yes.

The correct answer depends on:

Whether the offense is listed;
Whether it was a felony;
Whether the record accurately reports the disposition;
Whether TSA classified the offense correctly;
Whether the conviction is permanent or interim;
Whether the seven-year and five-year periods have expired;
Whether a warrant or indictment remains active;
Whether the offense is waivable; and
Whether the evidence supports discretionary relief.

For an eligibility-focused explanation, read Can a Felon Get a TWIC Card?.

Can You Handle a TWIC Appeal or Waiver Without a Lawyer?

Yes. Federal law does not require an attorney for an initial TWIC appeal or waiver.

A straightforward error may sometimes be resolved by submitting a certified disposition. Legal representation may be more valuable when:

The offense classification is disputed;
The court record is incomplete;
The conviction is old;
Several criminal matters are involved;
The state and federal terminology differ;
The relevant dates are unclear;
An appeal and waiver may both be necessary;
The TWIC was immediately invalidated;
TSA has already rejected a submission;
The case may proceed to ALJ review; or
The applicant’s employment depends on the outcome.

The primary value of counsel is not the attorney’s name on a letter. It is identifying the correct procedure, obtaining the necessary records, applying the federal standard accurately, developing the evidentiary record, and avoiding admissions or omissions that can damage later review.

Why Choose National Security Law Firm for a TWIC Case?

National Security Law Firm has handled TWIC and HME appeals and waivers since 2016. We have represented applicants in hundreds of TSA credential matters nationwide.

For qualifying accepted cases, we handle the work rather than simply providing a generic template. Our representation generally includes:

Reviewing every page of the TSA notice;
Identifying the deadline and procedural stage;
Determining whether the case requires an appeal, waiver, or both;
Requesting TSA’s releasable materials when appropriate;
Identifying and obtaining ordinary court records;
Reviewing criminal-history information;
Analyzing the statute and final disposition;
Calculating the seven-year and five-year periods;
Evaluating whether the offense fits TSA’s category;
Developing rehabilitation and mitigation evidence;
Preparing the legal submission;
Organizing supporting exhibits;
Submitting the package to TSA; and
Managing the matter through the covered initial stage.

We regularly communicate with TSA in the ordinary course of our cases. That experience does not give NSLF special access to TSA or influence over its decisions. It helps us recognize the factual, legal, and procedural issues that tend to matter.

We do not accept every case for guaranteed representation. Before accepting a qualifying matter, we review the TSA letter, alleged disqualification, deadlines, procedural history, available records, and known facts.

Our TWIC waiver and appeal lawyers represent applicants throughout the United States.

TWIC Appeal and Waiver Lawyer Fee

National Security Law Firm charges a flat legal fee of $2,495 for qualifying initial-stage TWIC appeal or waiver representation.

The covered service generally includes the legal analysis, ordinary court-record procurement, evidence development, preparation, submission, and management described in the signed engagement agreement.

Unless expressly included, the fee does not cover:

Unusual third-party expenses;
Extensive litigation to correct a source record;
A separate expungement or post-conviction proceeding;
A new waiver after completing an appeal;
Administrative Law Judge review;
An administrative hearing;
TSA Final Decision Maker review;
Federal-court litigation; or
An unrelated Coast Guard, state-licensing, or employment matter.

The precise scope of representation is governed by the signed engagement agreement.

For more information about government and legal fees, read our guide to TWIC card costs, TSA fees, and lawyer fees.

Financing and the Written Refund Guarantee

Eligible clients may use Pay Later by Affirm to divide the legal fee into monthly payments. Financing eligibility and available terms are determined by the financing provider.

National Security Law Firm also offers a written refund guarantee in qualifying accepted TWIC matters.

The refund guarantee is not a promise or guarantee that TSA will approve an appeal, grant a waiver, withdraw a determination, or issue a TWIC. TSA controls its decision, and no attorney can ethically guarantee a particular government result.

When the refund guarantee applies, the signed engagement agreement defines the covered result and the circumstances under which NSLF will refund the covered $2,495 legal fee if that result is not achieved.

The guarantee:

Applies only when expressly included in the signed engagement agreement;
Covers only the legal fee identified in that agreement;
Is subject to the agreement’s terms, exclusions, and client responsibilities;
Does not control or guarantee TSA’s decision; and
Does not necessarily include third-party expenses or advanced proceedings.

Past results do not guarantee future outcomes.

Frequently Asked Questions About TWIC Card Disqualifications

Does every felony disqualify you from getting a TWIC?

No. TSA’s criminal-offense regulation lists particular felonies. A felony not covered by one of the listed categories is not automatically disqualifying under § 1572.103.

Are all permanent offenses nonwaivable?

No. Permanent offenses listed in § 1572.103(a)(5) through (a)(12) fall within the scope of TSA’s waiver regulation. The completed offenses and conspiracies listed in (a)(1) through (a)(4) generally do not.

Does a permanent offense ever become too old to matter?

No. A permanent disqualifying offense does not expire merely because of its age. If the offense is waivable, however, its age and the applicant’s conduct since the offense may support a waiver request.

Is every interim offense waivable?

Yes. Section 1515.7 expressly includes the interim offenses listed in § 1572.103(b) within TSA’s waiver authority.

Must both the seven-year and five-year periods expire?

Yes. An interim offense remains disqualifying if either the conviction occurred within seven years of the application or the applicant was released from incarceration for that offense within five years of the application.

Does probation count as incarceration?

Probation is not automatically the same as incarceration. The record must be reviewed under the federal definitions and the facts of the sentence. Do not use the probation-completion date as a substitute for the release-from-incarceration date without legal and documentary support.

Does a dismissed felony charge disqualify you?

A dismissed charge is not a felony conviction. However, a pending indictment for a listed felony can be disqualifying until dismissed, and an incomplete criminal-history record may require official proof of the disposition.

Can an arrest without a conviction disqualify you?

An arrest alone is not a listed conviction. If TSA’s fingerprint check does not report a disposition, however, TSA may require written proof that the arrest did not result in a disqualifying conviction. Failure to respond within the applicable period can result in an adverse determination.

Does a misdemeanor drug conviction disqualify you?

The criminal-offense list applies to specified felonies. In addition, the interim drug category identifies distribution, possession with intent to distribute, and importation—not simple possession as a separate category. The actual statute, offense degree, and judgment must be reviewed.

Does expungement automatically make a conviction disappear for TWIC purposes?

No. State expungement procedures have different legal effects. TSA applies a federal definition of “convicted” and may examine the substance of the order and disposition.

Can TSA deny a TWIC based on an old mistake in an FBI record?

TSA may initially rely on incomplete or inaccurate criminal-history information. An applicant may appeal by supplying official records and, when appropriate, correcting the source record maintained by the court, state repository, or FBI.

Should I appeal or request a waiver?

Appeal when TSA’s facts or legal conclusion are wrong. Request a waiver when an accurate disqualifying condition falls within TSA’s waiver authority and you can demonstrate that you do not pose a security threat. Some cases warrant both forms of relief.

Does the NSLF refund guarantee mean approval is guaranteed?

No. The written refund guarantee is a contractual commitment applicable only to qualifying accepted cases under the engagement agreement. It does not promise or control TSA’s decision.

Schedule a Free Consultation About a TWIC Disqualification

Do not assume that a criminal-history label means you are permanently barred from obtaining a TWIC.

The proper analysis begins with the complete TSA letter, official court records, exact statute of conviction, final disposition, relevant dates, and the federal classification. Depending on those facts, you may qualify without a waiver, have grounds for an appeal, be eligible for a waiver, or need both forms of relief.

National Security Law Firm has handled TWIC and HME matters since 2016 and represents applicants nationwide. For qualifying cases, we obtain the ordinary court records, perform the legal analysis, develop the evidence, prepare the submission, and manage the covered TSA process.

Our flat legal fee for qualifying initial-stage representation is $2,495. Financing may be available, and qualifying accepted cases may include a written refund guarantee subject to the terms of the engagement agreement.

Schedule a free consultation or call (202) 600-4996.

Official TWIC Disqualification Resources

Author: Katherine O’Brien, Esq., Founder, National Security Law Firm
Attorney Reviewed: August 26, 2026

This page provides general information and is not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Past results do not guarantee future outcomes. Any fee, scope of representation, financing arrangement, or refund guarantee is governed exclusively by a signed written engagement agreement.