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Hazardous Materials Endorsement

Hazardous Materials Endorsement

If you were denied a Hazardous Materials Endorsement (HME), you should contact the experienced HME appeal lawyers today at Brett O’Brien Law, LLC. At Brett O’Brien Law, LLC, we understand the HME appeal and waiver process and will put together a comprehensive appeal and/or waiver application on your behalf.

Often times, the TSA bases its preliminary determination of ineligibility on either inaccurate or incomplete information. In these cases, we recommend that you appeal that determination. At Brett O’Brien Law, LLC, if we determine that an appeal is necessary, we will gather documentation relating to the underlying disqualifying criminal offense and submit them to the TSA to show either one or more of the following:

  • That your disqualifying open warrant was either: (1) issued by mistake; (2) resolved; or (3) did not result in a disqualifying felony criminal conviction.
  • That you are no longer under indictment for a disqualifying felony criminal offense.
  • That you were not convicted of a disqualifying felony criminal offense and instead, you were either: (1) found guilty of a lesser misdemeanor offense; (2) you were found not guilty of the felony offense; or (3) the felony charges were dismissed.
  • The felony conviction was overturned on appeal or you were issued a pardon or expungement with respect to that offense.
  • For some felony offenses (see list of disqualifying criminal offenses below), that you were released from incarceration more than 5 years ago and it has been more than 7 years since your felony conviction.

If we determine that the information that the TSA based its preliminary determination of ineligibility on is correct, and that you were convicted of a disqualifying offense, the experienced HME waiver lawyers at Brett O’Brien Law, LLC will file a waiver on your behalf. In doing so, we will work to gather and submit various documentation in an order to demonstrate that you have been rehabilitated and that you are eligible to hold an HME. The kinds of documents we will submit include:

  • Any documentation concerning the circumstances surrounding the disqualifying offense.
  • Any documentation concerning your sentence and the successful completion of your sentence.
  • If your offense involved alcohol or drugs, any documentation showing completion of substance abuse or treatment programs.
  • Court documents relating to the conviction such as transcripts, the indictment, the judgment of conviction, and sentencing documents.
  • Correspondence from your probation or parole officer indicating successful completion of your sentence.
  • Character reference letters from employers, friends, family members, or others.
  • Copies of degrees, awards, or certificates you have earned.

You should note that you have 60 days from the date you receive the preliminary determination of ineligibility letter to file an appeal or waiver. If you fail to file your appeal within that timeframe (or to request an extension), you will not be granted an HME.

Experienced HME Appeal Lawyers

If you are interested in appealing or applying for a waiver of your HME application, contact Brett O’Brien Law, LLC today for a free consultation.

About the Author

Brett O'Brien, Esq.
Brett O'Brien, Esq.

Brett O’Brien specializes in security clearance appeals. He has dedicated his career to learning the entire security clearance process from start to finish. He started his journey by working for the federal government before entering private practice. Learn more about Brett here.

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