Can You Get a TWIC Card With a Misdemeanor?

Yes. In most cases, you can get a TWIC card with a misdemeanor conviction.

TSA’s criminal-offense regulation identifies specific felonies as permanent or interim disqualifying offenses. It does not generally make misdemeanor convictions disqualifying merely because the conduct involved drugs, assault, a weapon, fraud, or another serious-sounding accusation.

The difference between a felony charge and a misdemeanor conviction can therefore determine whether you need:

No criminal-history relief at all;
A TWIC appeal proving that TSA relied on the wrong offense or classification; or
A TWIC waiver because the final conviction was actually a listed felony.

Do not rely solely on the offense name appearing in TSA’s letter or a background report. The correct analysis depends on the final judgment, statute of conviction, offense classification, and official court records.

If TSA denied your TWIC based on a misdemeanor, you generally must initiate an appeal within 60 days after receiving TSA’s Initial Determination of Threat Assessment.

National Security Law Firm represents TWIC applicants nationwide. We have handled TWIC and Hazardous Materials Endorsement matters since 2016 and have represented applicants in hundreds of TSA credential cases.

For qualifying initial-stage TWIC appeals, our flat legal fee is $2,495. We review TSA’s letter, obtain ordinary court records, analyze the alleged offense, prepare the appeal, and manage the matter through the covered TSA stage.

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

Does a Misdemeanor Disqualify You From Getting a TWIC Card?

A misdemeanor conviction ordinarily does not disqualify you under TSA’s criminal-offense list.

The controlling regulation, 49 C.F.R. § 1572.103, divides criminal convictions into:

Permanent disqualifying felonies, which remain disqualifying regardless of age; and
Interim disqualifying felonies, which are subject to seven-year and five-year timing rules.

Both portions of the regulation expressly refer to felonies.

The regulation does not contain a corresponding list of disqualifying misdemeanors. A conviction that is genuinely classified as a misdemeanor therefore ordinarily does not satisfy the criminal-conviction provisions in § 1572.103.

However, the word “misdemeanor” does not end every TWIC analysis. TSA can consider other disqualifying conditions, and an incomplete criminal record may incorrectly make a misdemeanor case appear to involve a felony.

Why the Felony-or-Misdemeanor Classification Matters

TSA does not decide TWIC eligibility based only on whether the conduct sounds serious.

For example, TSA’s interim list includes felony convictions involving:

Firearms or other weapons;
Assault with intent to kill;
Distribution of or possession with intent to distribute a controlled substance;
Fraud, dishonesty, or misrepresentation;
Robbery;
Arson; and
Conspiracy or attempt to commit an interim offense.

But a misdemeanor offense involving a weapon or an assault is not automatically converted into a felony simply because similar conduct appears somewhere in TSA’s list.

The analysis should identify:

The precise statute of conviction;
The statutory subsection;
The offense’s classification in the jurisdiction;
The original charge;
Any amended or reduced charge;
The final judgment;
The sentence imposed; and
The offense TSA identified in its letter.

An arrest for a felony is not the same as a felony conviction. Likewise, an original felony charge does not establish that the applicant was ultimately convicted of a felony.

State Criminal Labels and Everyday Offense Names Can Be Misleading

Criminal offenses are not classified or named identically throughout the United States.

A background report may describe an offense using shorthand such as:

Aggravated assault;
Deadly-weapon offense;
Drug offense;
Fraud;
Theft;
Terroristic threats;
Firearms offense; or
Controlled-substance violation.

That label may omit the information needed to decide whether the conviction is a disqualifying felony.

Two offenses with similar names can have very different:

Elements;
Degrees;
Sentencing ranges;
Intent requirements;
Weapon requirements; and
Felony or misdemeanor classifications.

Conversely, an offense that a person casually calls a “misdemeanor” may require closer review if the judgment or relevant state law classifies it differently.

TSA’s determination should therefore be compared to the actual statute and certified disposition. A commercial background report is not a substitute for the court record.

For a complete legal reference, review our guide to TWIC card disqualifying offenses.

Can You Get a TWIC With a Misdemeanor Assault Conviction?

Usually, yes, if the final conviction was genuinely a misdemeanor and no separate disqualifying condition applies.

TSA’s interim criminal-offense list includes felony assault with intent to kill. It does not list every form of assault, battery, domestic violence, or aggravated assault.

The offense name alone does not establish that an assault conviction falls within TSA’s category. Relevant questions include:

Was the conviction a felony or misdemeanor?
Did the offense require an intent to kill?
Was the applicant convicted of the originally charged offense?
Was the charge reduced or amended?
Does the judgment identify a different subsection?
Is the background report missing the final disposition?
Did TSA rely on the arrest charge instead of the conviction?

A misdemeanor assault conviction may support a TWIC appeal if TSA treated it as a felony assault with intent to kill.

The appeal should not merely state that the applicant did not intend to hurt anyone. It should establish the actual offense of conviction and explain why its classification or legal elements do not satisfy TSA’s regulation.

Can You Get a TWIC With a Misdemeanor Weapons Conviction?

Usually, yes, if the final conviction was a misdemeanor.

Section 1572.103(b)(2)(i) identifies certain unlawful firearm and weapons offenses as interim disqualifying felonies. The provision does not make every misdemeanor involving a firearm, knife, or other weapon a TWIC disqualifier.

A weapons-related case may require review of:

The exact item involved;
The statute and subsection;
Whether the offense was a felony;
Whether the applicant was convicted or merely arrested;
Whether the weapon allegation was dismissed;
Whether the conviction involved possession, use, sale, transfer, or other listed conduct; and
Whether TSA confused the misdemeanor with another charge.

If the official records establish only a misdemeanor conviction, the applicant may be able to appeal TSA’s adverse determination rather than request a waiver.

NSLF Result: TSA Issued a TWIC After an Illinois Misdemeanor Appeal

National Security Law Firm previously represented a TWIC renewal applicant after TSA identified two Illinois aggravated-assault-with-a-deadly-weapon matters as disqualifying offenses.

Our review showed that the applicant had not been convicted of felony assault with intent to kill or a felony weapons offense. The records established that both convictions were Illinois Class A misdemeanors.

We obtained the relevant court records and submitted a legal appeal explaining that:

The offenses were classified as misdemeanors under Illinois law;
The applicant was never convicted of a felony arising from the cases;
The original charges themselves were misdemeanor offenses;
The sentencing orders confirmed the actual dispositions; and
The misdemeanor convictions did not satisfy TSA’s listed-felony requirement.

After receiving the records and written argument, TSA issued the applicant a TWIC.

You can read the complete published result here: TSA issued a TWIC after NSLF established that the alleged weapons offenses were Illinois Class A misdemeanors.

This result depended on that client’s records and circumstances. It does not predict or guarantee the outcome of another case.

What If You Were Charged With a Felony but Convicted of a Misdemeanor?

The final conviction ordinarily matters more than the original accusation when TSA is applying the conviction-based provisions of § 1572.103.

An appeal may be appropriate if:

The prosecutor amended the felony to a misdemeanor;
The felony count was dismissed;
The applicant pleaded guilty only to a misdemeanor;
A jury acquitted the applicant of the felony;
The court entered judgment on a lesser misdemeanor offense; or
TSA’s criminal-history information reports only the original arrest charge.

Useful records may include:

The complaint or indictment;
An amended charging instrument;
The plea agreement;
The plea transcript;
A certified judgment;
The sentencing order;
A dismissal order;
A judgment of acquittal;
A court docket; or
A prosecutor’s or clerk’s certification.

An applicant should not assume that TSA can independently locate the missing disposition. The appeal should supply clear official evidence showing exactly what happened to every potentially disqualifying charge.

What If the Misdemeanor Was Originally Reported as a Felony?

Criminal-history databases can contain incomplete, abbreviated, or inaccurate information.

Common problems include:

An arrest listed without a disposition;
A felony charge listed without the later reduction;
A misdemeanor recorded under the wrong degree;
A conviction associated with the wrong statutory subsection;
A dismissed felony count appearing as an active charge;
Another person’s record being associated with the applicant;
A vacated or reversed conviction remaining in the database; or
A warrant appearing active after it was recalled.

If TSA relied on inaccurate information, the applicant may need to do two things:

Appeal TSA’s determination with official proof of the correct disposition; and
Correct the record at its source so that the same error does not affect a later TWIC renewal, HME application, employment background check, or other credential.

Potential source agencies include the court, prosecutor, arresting agency, state criminal-history repository, corrections department, and FBI.

Our detailed guide explains how to appeal a TWIC card denial and obtain the records TSA may need.

What Happens When the FBI Record Does Not Show the Disposition?

A fingerprint-based criminal-history record may show the arrest but omit that the charge was dismissed, reduced, or resolved as a misdemeanor.

Under § 1572.103(d), if TSA’s fingerprint-based check discloses an arrest for a listed disqualifying offense without reporting the disposition, TSA may require the applicant to clear 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 criminal offense.

If TSA does not receive sufficient proof within that period, it may determine that the applicant is disqualified.

The applicant should submit reliable source records. Depending on the case, these may include:

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

A personal statement may help explain the issue, but it ordinarily cannot replace the official evidence necessary to prove the disposition.

Does a Misdemeanor Finding of Not Guilty by Reason of Insanity Disqualify You?

The criminal-offense regulation applies when an applicant was either:

Convicted of a listed felony; or
Found not guilty by reason of insanity of a listed felony.

The inclusion of findings of not guilty by reason of insanity does not eliminate the felony requirement. The permanent and interim provisions still concern the felonies identified in § 1572.103.

A misdemeanor finding of not guilty by reason of insanity therefore does not automatically become a disqualifying felony under the criminal-offense list.

However, TSA separately evaluates mental capacity under 49 C.F.R. § 1572.109. A case involving a finding of not guilty by reason of insanity may therefore require analysis under both:

The criminal-offense provisions; and
TSA’s separate mental-capacity standard.

An applicant should not assume that proving the offense was a misdemeanor necessarily resolves an independent mental-capacity determination.

Can a Misdemeanor Still Cause Other TWIC Problems?

Yes. Although a misdemeanor ordinarily is not disqualifying under TSA’s felony list, other circumstances may affect the security threat assessment.

Outstanding Warrants and Pending Indictments

Under § 1572.103(c), a person who is wanted or under indictment for a listed felony is disqualified until the want or warrant is released or the indictment is dismissed.

A completed misdemeanor case does not necessarily resolve a separate outstanding felony warrant or indictment.

Immigration Status

TSA separately reviews whether a TWIC applicant meets the immigration-status requirements in 49 C.F.R. § 1572.105.

A misdemeanor may have immigration consequences under other laws, but the TWIC immigration-status analysis is separate from whether the conviction appears on TSA’s felony list.

Mental Capacity

TSA evaluates certain mental-capacity conditions under § 1572.109. This analysis can exist independently of whether the underlying criminal matter was a misdemeanor.

Terrorism-Related or Other Security Information

TSA may base an adverse determination on terrorism-related, intelligence, or other security information under separate regulatory provisions.

False or Incomplete Application Information

An applicant should answer TSA’s questions accurately. The fact that a conviction is a misdemeanor does not authorize the applicant to omit information that the application requires.

Applicants should respond to the wording of the application rather than deciding for themselves that an offense is unimportant.

Is Simple Drug Possession a TWIC Disqualifying Offense?

Simple possession is not separately listed as a disqualifying criminal offense in § 1572.103.

TSA’s interim controlled-substance category identifies the following felonies:

Distribution;
Possession with intent to distribute; and
Importation.

A misdemeanor simple-possession conviction ordinarily does not fit that category. Even a felony record described generally as a “drug offense” requires analysis of the actual conviction before assuming that it involved distribution or intent to distribute.

If TSA treated simple possession as a listed distribution offense, an appeal may be appropriate. The appeal should include the statute, charging documents, judgment, and other records necessary to establish the actual conviction.

Is a Misdemeanor Fraud Conviction Disqualifying?

A misdemeanor fraud conviction ordinarily does not satisfy the felony requirement in § 1572.103.

The regulation’s interim category includes certain felony convictions involving dishonesty, fraud, or misrepresentation. It also expressly provides that welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of that category.

Accordingly, the word “fraud” in a database does not resolve the issue.

The correct analysis requires determining:

Whether the offense was a felony;
Which statute and subsection applied;
What elements the government had to prove;
Whether TSA’s specific exclusions apply; and
What offense appears in the final judgment.

When Should You Appeal a TWIC Denial Involving a Misdemeanor?

An appeal is appropriate when you assert that TSA’s facts or legal conclusion are wrong and that you meet the security threat assessment standards.

Potential grounds for appeal include:

TSA treated a misdemeanor as a felony;
TSA relied on the original felony charge instead of the misdemeanor conviction;
The felony charge was dismissed;
The conviction belongs to another person;
The background record omits the final disposition;
The judgment identifies a different statutory subsection;
The conviction does not contain the elements of TSA’s identified category;
The warrant was recalled;
The indictment was dismissed;
The conviction was overturned, pardoned, or qualifyingly expunged; or
TSA otherwise relied on inaccurate or incomplete information.

An appeal is different from a waiver.

An appeal says:

TSA’s determination is incorrect because I was not convicted of a disqualifying felony.

A waiver generally says:

The disqualifying condition is accurate, but it is waivable and I do not pose a security threat.

If the only relevant conviction is a misdemeanor, requesting a waiver without careful analysis may be unnecessary and could confuse the legal position. Some cases nevertheless involve additional records or alternative issues that make a waiver appropriate.

For individualized representation, visit our TWIC waiver and appeal lawyer page.

What Is the Deadline to Appeal?

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 applicant may initiate the appeal by:

Submitting a written reply disputing the determination;
Requesting the releasable materials on which TSA relied; or
Requesting an extension under the regulation.

If the applicant does not timely initiate an appeal, the Initial Determination ordinarily becomes a Final Determination of Threat Assessment.

Read the entire TSA notice and follow its submission instructions. Keep a complete copy of everything sent, proof of submission, and documentation of the date the notice was received.

TSA may grant an extension for good cause, but the applicant should not assume that additional time will be allowed.

What Evidence Supports a Misdemeanor-Based TWIC Appeal?

The necessary evidence depends on what TSA got wrong.

A persuasive appeal may include:

The certified final judgment;
The statute and subsection of conviction;
State authority establishing the offense classification;
The charging instrument;
An amended complaint or information;
A dismissal order;
The plea agreement;
A plea or sentencing transcript;
The sentencing order;
A prosecutor’s certification;
A court clerk’s certification;
A corrected criminal-history report;
Proof that a warrant was recalled; or
Evidence resolving an identity mismatch.

The written submission should explain:

What TSA found;
Which finding is incorrect;
What the official records establish;
Why the misdemeanor does not satisfy § 1572.103; and
Why TSA should withdraw the Initial Determination.

A lengthy personal statement about rehabilitation usually does not resolve a misdemeanor-classification error. The central issue is the legal disposition and its classification.

Do You Need a Lawyer to Appeal?

No. Federal law does not require an attorney for an initial TWIC appeal.

A simple error may be resolved by submitting a clear certified disposition. An attorney may add substantial value when:

TSA’s description does not match the court record;
The original charge was a felony;
Multiple counts or cases are involved;
The state uses unusual offense classifications;
The criminal-history record is incomplete;
The offense elements must be compared to a federal category;
The applicant has both misdemeanor and felony records;
A warrant or indictment appears unresolved;
TSA has already rejected a submission; or
The applicant’s employment depends on the result.

The value of representation is not simply having a lawyer write a letter. It is identifying the correct procedure, obtaining the necessary records, analyzing the offense, and presenting evidence that directly resolves TSA’s stated concern.

What Does National Security Law Firm Do?

For qualifying TWIC cases, National Security Law Firm handles the appeal process rather than providing the applicant with a generic template.

Our work generally includes:

Reviewing every page of TSA’s notice;
Identifying the procedural posture and deadline;
Determining whether an appeal, waiver, or both may be appropriate;
Requesting TSA’s supporting materials when advisable;
Locating and obtaining ordinary court records;
Confirming the statute and offense classification;
Comparing the final conviction to TSA’s regulation;
Identifying missing or inaccurate criminal-history information;
Coordinating source-record corrections when appropriate;
Preparing the written legal appeal;
Organizing and labeling the exhibits;
Submitting the appeal to TSA; and
Managing the matter through the covered initial stage.

We have handled TWIC and HME matters since 2016 and have represented applicants in hundreds of TSA credential cases nationwide.

We regularly communicate with TSA while representing our clients. That experience does not give NSLF special access to TSA or influence over its decisions. It helps us identify the records, legal issues, and procedural choices that matter.

How Much Does a TWIC Appeal Lawyer Cost?

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

For a covered misdemeanor-based appeal, the service generally includes:

Review of TSA’s letter;
Legal and offense-classification analysis;
Ordinary court-record procurement;
Preparation of the written appeal;
Organization of supporting exhibits;
Submission to TSA; and
Management through the covered initial stage.

Unless expressly included in the engagement agreement, the fee does not cover:

Unusual third-party expenses;
Litigation to correct a source record;
A separate expungement or post-conviction case;
A later waiver proceeding;
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 exact scope is governed by the signed engagement agreement.

For additional information, 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 that TSA will approve an appeal, withdraw a determination, or issue a TWIC. TSA controls its decisions, and no attorney can ethically guarantee a government result.

When the refund guarantee applies, the signed engagement agreement identifies 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 cover third-party expenses or advanced proceedings.

We do not accept every matter for guaranteed representation. We first review the TSA letter, procedural stage, alleged disqualification, deadline, available records, and known facts.

Frequently Asked Questions

Can you get a TWIC card with multiple misdemeanors?

Potentially, yes. Section 1572.103 identifies specified felonies rather than imposing an automatic criminal disqualification based on the number of misdemeanor convictions. However, each case and any separate grounds for TSA concern should be reviewed.

Can you get a TWIC with a misdemeanor assault?

Usually, yes, if the final conviction was genuinely a misdemeanor and no independent disqualifying condition applies. TSA’s interim list identifies felony assault with intent to kill, not every assault conviction.

Can you get a TWIC with a misdemeanor weapons charge?

A misdemeanor conviction ordinarily does not satisfy TSA’s listed-felony requirement. If the case is still pending, however, determine whether a felony indictment or warrant exists.

Can you get a TWIC with a misdemeanor drug conviction?

Usually, yes. Simple possession is not separately listed, and the criminal-offense provisions concern specified felonies. Distribution, possession with intent to distribute, and importation are listed interim categories when prosecuted as felonies.

What if I was arrested for a felony but pleaded guilty to a misdemeanor?

The official misdemeanor disposition may support an appeal. Submit records establishing what happened to the felony charge and identifying the actual offense of conviction.

What if TSA says my misdemeanor is a felony?

Obtain the complete TSA letter and certified court records. The appeal should establish the statute, offense level, disposition, and applicable state law rather than relying on an unsupported statement that TSA is wrong.

Do I need a waiver for a misdemeanor?

Usually not if the misdemeanor is the only alleged criminal disqualification. A waiver generally addresses an accurate, waivable disqualifying condition. A mistaken felony classification is principally an appeal issue.

Can a misdemeanor affect a TWIC renewal?

The misdemeanor itself ordinarily is not a listed criminal disqualifier, but incomplete records, a new warrant, an immigration issue, another conviction, or information identified through recurrent vetting may affect renewal.

Does an expunged misdemeanor need to be disclosed?

Follow the wording of the TWIC application and obtain individualized advice if uncertain. Whether an offense is disqualifying and whether an application question requires disclosure are separate issues.

Does NSLF guarantee TSA will issue my TWIC?

No. NSLF cannot and does not guarantee TSA’s decision. Qualifying accepted cases may include a contractual refund guarantee under the terms of the signed engagement agreement.

Schedule a Free Consultation About a Misdemeanor-Based TWIC Denial

A misdemeanor conviction ordinarily should not be treated as a disqualifying felony under TSA’s criminal-offense regulation. But TSA will not necessarily correct an incomplete or inaccurate record without official evidence.

If TSA denied your TWIC based on a misdemeanor, the strongest response begins by obtaining the complete letter, identifying the offense TSA relied upon, securing the certified disposition, and explaining why the conviction does not satisfy the federal regulation.

National Security Law Firm has handled TWIC and HME matters since 2016. For qualifying cases, we obtain the ordinary court records, analyze the offense, prepare the written legal appeal, organize the exhibits, and manage the covered initial-stage proceeding.

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

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

Official TWIC 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.