The Transportation Worker Identification Credential, also known as the TWIC program, was created by the Transportation Security Administration to enhance airport security. Under the program, all workers will need to obtain and carry a card before being able to have unescorted access to protected areas controlled by the Maritime Transportation Security Act. A worker who has been denied a TWIC will have sixty (60) days to appeal with the Transportation Security Administration or petition for a waiver.
Petitioning For an Appeal vs. a Waiver
The decision to appeal or petition for a waiver will be contingent on the reason for the application denial. The rejection must be carefully reviewed in order to determine the reason behind the rejection.
Filing for An Appeal – A petitioner will need to file for an appeal if he or she was not convicted of the criminal offense the Transportation Security Administration letter listed. A petitioner can also file for an appeal if he or she was convicted for a misdemeanor charge or drug possession.
Additionally, those who were convicted of an interim disqualifying felony over seven years ago and have not been imprisoned over five (5) years can also file appeals.
Filing for a Waiver – Petitioners who were convicted of a felony less than seven (7) years ago will need to file for a waiver. The same applies for those whose incarceration release occurred less than five (5) years ago.
Individuals who were received a permanently disqualifying felony will also need to file for a waiver. The Transportation Security Administration website lists all disqualifying felonies.
A petitioner will need to gather appropriate documentation that will support his or her claim. The Transportation Security Administration will only accept official documents that a person received from a court, police department, and/or district attorney’s office. The Transportation Security Administration will not accept letters or documents from an attorney.
A person who is filling for a waiver will need to submit supplementary paperwork. Those filing for a waiver will need to submit necessary paperwork from his or her parole or probation officer. This will help to verify the prison release date and compliance with probation or parole officer.
Furthermore, the Transportation Security Administration will also need a personal statement that describes the following:
- The events that lead to the conviction,
- Amount of time since the conviction, and
- Explanation of personal activities since the conviction
Seek the Support of an Experienced TWIC Waivers & Appeals Attorney
Appealing or filing a waiver for the Transportation Worker Identification Credential is a complex matter, and it is highly suggested to seek the support of a skilled and experienced attorney. Seeking the legal support of a proficient attorney will ensure the best outcome for the petition.
The law offices of Brett O’Brien Law, LLC specialize in Transportation Worker Identification Credential waivers & appeals. The law firm has many years of dedicated experience in working for the federal government. This includes