TSA Pre-Check Appeals

TSA Pre-Check Appeals | TSA Global Entry Appeal Lawyers

The TSA PreCheck program permits eligible, “low risk” travelers to enjoy expedited security screening at airports. According to the TSA, in December of 2016, 98% of TSA PreCheck passengers waited less than five minutes in airport security lines.

TSA PreCheck not only saves you time in line, but it also permits you to pass through security checkpoints without having to remove shoes, liquids, laptops, jackets/outerwear and belts. You are eligible to apply for the TSA PreCheck program so long as you are a U.S. citizen or a lawful permanent resident.

If you received a Preliminary Determination of Ineligibility regarding your TSA PreCheck application, contact an experienced TSA PreCheck appeal lawyer today. The most common reasons applicants will be issued a Preliminary Determination of Ineligibility for the PreCheck program will be due to disqualifying criminal convictions, open criminal dispositions, and/or outstanding criminal warrants.

Surprisingly, TSA PreCheck appeal attorneys have found that the TSA often times bases its preliminary of determination of ineligibility on inaccurate, incomplete, or false information. For example, if your offense was downgraded to a misdemeanor or a lesser offense, was expunged or pardoned, or if it has been more than 7 years since you were convicted of a disqualifying offense (for some, but not all felony convictions), you should be eligible for participation in PreCheck. In these circumstances, we recommend that you appeal the TSA’s preliminary determination.

If an appeal is warranted

If an appeal is warranted, we will gather various documentation relating to the underlying disqualifying criminal offense and submit that documentation to the TSA in order to show either one or more of the following, as applicable:

• 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, that 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.

You only have 60 days from the date you receive the preliminary determination of ineligibility letter to file an appeal. Thus, if your PreCheck application has been rejected, you should promptly consult with an experienced TSA PreCheck appeal lawyer today so that they can begin reviewing your case and gathering the necessary documentation.

Disqualifying Criminal Offenses

The offenses that TSA considers disqualifying are listed below. Depending on the type of offense and the age of your conviction, however, you may still be eligible to apply for an appeal. In addition, the TSA does not consider a felony to be a disqualifying criminal offense if your conviction was overturned on appeal, you were pardoned, or if the offense was expunged. Thus, if you receive a preliminary determination of ineligibility due to a conviction that was overturned on appeal or that was pardoned or expunged, you should appeal that determination.

Permanent Disqualifying Criminal Offenses

If you were convicted of one of the offenses listed below, you are not eligible for participation in the TSA PreCheck application program, regardless of the age of the offense.

A crime involving a “transportation security incident”, Improper transportation of hazardous materials, Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device; Murder, Making any threat or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportation’s system, or an infrastructure facility; Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the permanently disqualifying crimes; Espionage; Sedition; Treason; A federal crime of terrorism; Conspiracy to attempt commit any of the above crimes and/or Extensive foreign or domestic criminal convictions

Interim Disqualifying Offenses

If you were convicted of one of the offenses listed below, you are eligible for participation in the PreCheck program, so long as: (1) you were convicted more than 7 years ago; and (2) you were released from prison more than 5 years ago.

Firearms or weapons offenses including unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon; Extortion; Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering; Bribery; Smuggling; Immigration violations; Distribution, 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 as described in 18 U.S.C. 1036, or a comparable State law; Violations of the Racketeer Influenced and Corrupt Organizations Act under 18 U.S.C. 1961, et seq., or a comparable state law, other than any permanently disqualifying offenses and/orConspiracy or attempt to commit crimes listed above

If you received a Preliminary Determination of Ineligibility, contact an experienced TSA PreCheck appeal lawyer today. This notification will not only explains the basis for the ineligibility determination, but also notifies you that you have the right to appeal the TSA’s determination. Talk to an experienced TSA PreCheck appeal attorney to determine whether you should apply for an appeal.