TSA Hazmat Background Check for an HME

Before a state can issue or renew a hazardous materials endorsement on a commercial driver’s license, the Transportation Security Administration must complete a federal security threat assessment.

The TSA hazmat background check generally includes:

A fingerprint-based FBI criminal-history records check;
Verification of the driver’s identity and identifying information;
Immigration-status verification;
An intelligence and national-security check;
Review under TSA’s mental-capacity provisions;
Review of possible warrants and indictments;
Consideration of separate FMCSA commercial-driving disqualifications; and
A final TSA determination.

TSA does not decide whether you passed your state’s hazardous-material knowledge test or satisfied every CDL requirement. TSA decides whether you meet the federal security threat assessment standards. Your state licensing authority then decides whether to place, renew, transfer, deny, or revoke the endorsement on your CDL.

A criminal record does not automatically mean you will fail the assessment. TSA’s regulation identifies particular felony categories, provides time limits for interim offenses, and permits waivers for many genuine disqualifications.

If TSA relied on inaccurate records or applied the law incorrectly, you may be able to appeal. If the information is accurate but the condition is waivable, you may be able to request a TSA waiver.

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

For qualifying initial-stage HME appeals or waivers, our flat legal fee is $2,495. We review TSA’s notice, obtain ordinary court records, analyze the alleged disqualification, prepare the submission, and manage the matter through the covered TSA stage.

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

What Is the TSA Hazmat Background Check?

The TSA background check is a federal security threat assessment required for drivers seeking to obtain, renew, or, in some circumstances, transfer a Hazardous Materials Endorsement.

The governing statute is 49 U.S.C. § 5103a. The principal TSA regulations are found in 49 C.F.R. Parts 1515 and 1572.

Under 49 C.F.R. § 1572.15, the security threat assessment includes:

A fingerprint-based criminal-history records check;
An intelligence-related background check; and
A final TSA disposition.

TSA applies the standards in 49 C.F.R. § 1572.5.

TSA may make an adverse determination when:

The driver has a disqualifying criminal offense;
The driver does not satisfy the immigration-status requirements;
TSA’s other security analyses indicate a transportation, national-security, or terrorism concern;
The driver falls within TSA’s mental-capacity provisions; or
A separate FMCSA commercial-driving disqualification prevents TSA from issuing a Determination of No Security Threat.

TSA and the State Perform Different Parts of the HME Process

An HME is a state-issued CDL endorsement subject to a federal TSA security assessment.

TSA’s Responsibilities

TSA generally:

Receives or obtains the applicant’s fingerprints and identifying information;
Submits the fingerprints for an FBI criminal-history check;
Searches relevant government databases;
Adjudicates the criminal, immigration, intelligence, and mental-capacity results;
Issues a Determination of No Security Threat or an adverse determination; and
Notifies the state of the final federal result.

The State’s Responsibilities

The licensing state generally:

Processes the CDL and endorsement application;
Determines whether the driver satisfies state licensing requirements;
Administers or verifies the HME knowledge test;
Confirms applicable training requirements;
Collects state fees;
Receives TSA’s determination;
Records the threat-assessment result;
Updates the Commercial Driver’s License Information System; and
Issues, renews, transfers, denies, or revokes the endorsement.

Under 49 C.F.R. § 1572.13, a state may not issue or renew an HME unless it receives a Determination of No Security Threat from TSA.

Passing TSA’s assessment does not automatically satisfy every state CDL requirement. Conversely, passing the state knowledge test does not authorize the state to issue the endorsement without TSA’s approval.

What Information Must an HME Applicant Provide?

The application requirements are set out in 49 C.F.R. § 1572.9.

The applicant may be required to provide:

Current legal name;
Any names previously used;
Current and previous addresses;
Date of birth;
Sex;
Height, weight, hair color, and eye color;
City, state, and country of birth;
Citizenship or immigration status;
Naturalization information, when applicable;
Alien registration number, when applicable;
State of application;
CDL number;
Type of endorsement held or requested;
Current employer information when the work requires an HME;
Whether the application is for a new endorsement, renewal, transfer, or waiver;
Social Security number;
Passport or Consular Report of Birth Abroad information, when applicable;
Information concerning a prior TSA threat assessment;
Information concerning a federal security clearance; and
Military-service and discharge information.

Some information is described as voluntary, but the regulation warns that failing to provide it may delay or prevent completion of the assessment.

The applicant must also submit fingerprints in a form acceptable to TSA and pay the applicable federal enrollment fee.

Why Does TSA Ask About Prior Names and Addresses?

TSA uses identifying information to:

Confirm the applicant’s identity;
Match fingerprints to criminal-history information;
Distinguish the applicant from other people with similar names;
Verify immigration and citizenship records;
Search domestic and international government databases; and
Identify inconsistencies requiring further review.

Applicants should provide complete and consistent information.

A missing former name, reversed first and middle name, incorrect date of birth, mismatched Social Security number, or inconsistent immigration document can delay adjudication or contribute to an inaccurate match.

If a criminal record belongs to another person, a bare statement that “that is not me” may be insufficient. The driver may need identity documents, fingerprint information, court records, or corrected government records.

What Does the Fingerprint-Based Criminal-History Check Review?

TSA or its enrollment agent submits the driver’s fingerprints to the FBI’s Criminal Justice Information Services Division.

The resulting criminal-history information may include:

Arrests;
Criminal charges;
Warrants;
Indictments;
Convictions;
Sentencing information;
Incarceration information;
Aliases; and
Cases that do not report a final disposition.

TSA adjudicates the criminal-history results under 49 C.F.R. § 1572.103.

That regulation identifies:

Permanent disqualifying felonies;
Interim disqualifying felonies;
Wants, warrants, and pending indictments; and
Procedures for arrests without recorded dispositions.

The fingerprint check is not limited to the information appearing on a commercial background report. It may reveal older or differently indexed records.

Which Criminal Offenses Can Cause an HME Denial?

TSA’s criminal-offense regulation identifies particular felonies—not every felony.

Permanent Disqualifying Felonies

Permanent offenses include specified categories involving:

Espionage;
Sedition;
Treason;
Terrorism;
Transportation security incidents;
Improper transportation of hazardous materials;
Explosives or explosive devices;
Murder;
Certain explosive or lethal-device threats;
Certain RICO violations; and
Designated attempts and conspiracies.

A permanent offense remains disqualifying regardless of age. However, several permanent categories are potentially waivable.

Interim Disqualifying Felonies

Interim offenses include specified felonies involving:

Firearms or other weapons;
Extortion;
Dishonesty, fraud, or misrepresentation;
Bribery;
Smuggling;
Immigration violations;
Distribution, possession with intent to distribute, or importation of controlled substances;
Arson;
Kidnapping;
Rape or aggravated sexual abuse;
Assault with intent to kill;
Robbery;
Fraudulent entry into a seaport;
Certain RICO violations; and
Attempts or conspiracies involving interim offenses.

An interim offense is disqualifying if either:

The conviction occurred within seven years of the HME application; or
The driver was incarcerated for the offense and released within five years of the application.

Both periods must be outside their respective windows before an interim offense ceases to disqualify based on age.

For the full classifications and waiver availability, read our guide to hazmat endorsement disqualifying offenses.

Does Every Felony Cause an HME Denial?

No. A felony must fit one of the categories identified in § 1572.103 to qualify as a criminal disqualifier under that regulation.

The title appearing on a criminal-history report does not necessarily establish that the offense fits TSA’s category.

For example:

“Drug offense” may refer to simple possession rather than distribution.
“Assault” may not include an intent to kill.
“Weapons offense” may have resulted in a misdemeanor.
“Fraud” may refer to welfare fraud or passing bad checks, which TSA expressly excludes from its interim fraud category.
A felony arrest may have resulted in dismissal or acquittal.
A conviction may fall outside the seven-year and five-year interim periods.
A state offense may not be comparable to the federal category TSA identified.

The proper analysis may require reviewing the statute, elements, charges, plea, judgment, sentence, and official disposition.

A person with a felony may still qualify directly, through an appeal, or through a waiver. Read Can a Felon Get a Hazmat Endorsement? for a practical eligibility analysis.

Do Misdemeanors Disqualify You From an HME?

TSA’s criminal-offense provisions identify specified felonies.

A genuine misdemeanor conviction ordinarily does not satisfy § 1572.103, even if it involved drugs, assault, a firearm, fraud, or another serious allegation.

Problems arise when the criminal-history record:

Reports only the original felony charge;
Omits a reduction to a misdemeanor;
Uses an inaccurate offense degree;
Fails to show the final judgment; or
Attributes another person’s felony to the applicant.

A driver denied because TSA treated a misdemeanor as a felony may have grounds to appeal. The response should include official records proving the statute, offense level, and final disposition.

How Does TSA Review Immigration Status?

Immigration-status eligibility is governed by 49 C.F.R. § 1572.105.

TSA searches relevant federal databases and may verify:

Citizenship;
Lawful permanent resident status;
Refugee or asylum status;
Nonimmigrant classification;
Employment authorization;
Alien registration number;
Social Security number;
I-94 number; and
Other immigration records.

HME eligibility is not limited to U.S. citizens. Certain lawful permanent residents, refugees, asylees, nonimmigrants, and Canadian or Mexican commercial drivers may qualify under the specified categories.

However, the categories are detailed. Having a general work authorization document does not necessarily establish HME eligibility.

Section 1572.105 also provides that an individual in removal proceedings or subject to an order of removal is not eligible to apply for an HME.

An appeal may be appropriate when TSA’s immigration information is outdated, incomplete, associated with another person, or inconsistent with current official documentation.

What Does TSA’s Intelligence Check Include?

TSA’s intelligence-related check involves domestic and international government databases.

TSA uses the applicant’s identifying information to determine whether the applicant satisfies:

The criminal-history provisions;
Immigration-status requirements;
National-security and transportation-security standards; and
Mental-capacity standards.

Under 49 C.F.R. § 1572.107, TSA may make an adverse determination based on terrorism-related, national-security, transportation-security, or other security information.

These cases may involve classified, law-enforcement-sensitive, intelligence, or otherwise protected information. TSA may not be able to disclose every underlying record or source.

Appeals involving these other security analyses proceed under 49 C.F.R. § 1515.9, rather than the ordinary criminal-history procedure in § 1515.5.

What Mental-Capacity Information Does TSA Review?

TSA applies the standards in 49 C.F.R. § 1572.109.

The regulation concerns specified circumstances in which an applicant has been:

Adjudicated as lacking mental capacity; or
Involuntarily committed to a mental-health facility.

Ordinary mental-health treatment does not automatically disqualify an HME applicant.

The following are not, by themselves, the same as a qualifying adjudication or involuntary commitment:

Attending therapy;
Taking prescribed medication;
Receiving treatment for depression or anxiety;
Voluntarily entering treatment;
Having a mental-health diagnosis; or
Seeking substance-use treatment.

An appeal may be appropriate when:

Treatment was voluntary;
No qualifying adjudication occurred;
The commitment record is inaccurate;
The record belongs to someone else; or
An official restoration or release affects the determination.

Certain mental-capacity conditions may also qualify for a TSA waiver.

How Does TSA Treat Warrants and Indictments?

A conviction is not always required for an HME criminal disqualification.

Under § 1572.103(c), a driver who is wanted or under indictment in a civilian or military jurisdiction for a listed felony is disqualified until:

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

An appeal may be appropriate when:

The warrant belongs to another person;
The warrant was recalled or quashed;
The case was resolved;
The indictment was dismissed;
The pending offense is not a listed felony; or
The record was never updated.

TSA generally will require official proof from the court, prosecutor, or law-enforcement agency. A driver’s statement that the matter was resolved may not be sufficient.

What Happens When an Arrest Record Has No Disposition?

FBI and state criminal-history records frequently report arrests without showing the final result.

The missing information may be that:

The prosecutor declined the case;
The charge was dismissed;
The driver was acquitted;
The felony was reduced to a misdemeanor;
The driver completed a diversion program;
The conviction was vacated or reversed;
A corrected judgment was entered; or
The arrest belongs to another person.

Under § 1572.103(d), TSA generally gives the applicant 60 days after the service date of its notification to provide written proof that the arrest did not result in a conviction for the disqualifying offense.

If TSA does not receive sufficient proof, it may determine that the driver is disqualified and notify the state.

Potential evidence includes:

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

A commercial background report or personal explanation may not substitute for an official disposition.

Can False or Incomplete Application Information Cause a Denial?

Yes.

The HME application requires the driver to certify that the information provided is true, complete, correct to the best of the driver’s knowledge and belief, and provided in good faith.

Under § 1572.9, a knowing and willful false statement or omission of a material fact may:

Be grounds for denial of the endorsement;
Delay or prevent completion of the assessment; and
Expose the applicant to criminal penalties under 18 U.S.C. § 1001.

Do not omit information merely because:

The record is old;
The case was dismissed;
The record was sealed or expunged;
The driver believes the offense was a misdemeanor;
Another background check did not find it; or
The driver believes it should not be disqualifying.

Read the exact question and answer it accurately. Whether the application requires disclosure and whether TSA may legally treat the record as disqualifying are separate issues.

An innocent mistake, ambiguous question, or incorrect record may be distinguishable from a knowing and willful false statement. The specific application and TSA notice should be reviewed.

Does TSA Review Commercial-Driving Disqualifications?

Yes, to the extent required by 49 C.F.R. § 1572.5(c).

If records indicate that the applicant committed an offense that would disqualify the applicant from operating a commercial motor vehicle under 49 C.F.R. § 383.51, TSA will not issue a Determination of No Security Threat until the state or FMCSA determines that the applicant is not disqualified.

Section 383.51 addresses matters such as:

Driving under the influence of alcohol or controlled substances;
Refusing required alcohol testing;
Leaving the scene of an accident;
Using a vehicle to commit a felony;
Using a vehicle in certain controlled-substance felonies;
Driving while commercially disqualified;
Causing a fatality through negligent CMV operation;
Serious traffic violations;
Railroad-crossing violations; and
Violations of out-of-service orders.

A TSA appeal or waiver does not automatically remove a separate CDL disqualification. The driver may need relief from the state or another authority before the HME can be issued.

Does the HME Background Check Include a Drug Test?

No. TSA does not administer a drug test as part of the HME security threat assessment.

The TSA process involves fingerprints, identifying information, government database checks, and federal adjudication.

A driver may separately be subject to drug and alcohol testing under:

FMCSA regulations;
An employer’s testing program;
Pre-employment testing;
Random testing;
Post-accident testing;
Reasonable-suspicion testing;
Return-to-duty requirements; or
Follow-up testing.

Passing TSA’s background check does not excuse a driver from those separate safety requirements.

A drug-related conviction may affect the HME assessment if the actual conviction is a listed felony involving distribution, possession with intent to distribute, or importation. Simple possession is not separately listed in TSA’s interim drug category.

How Does a Current TWIC Affect the HME Background Check?

TSA has determined that the security threat assessment for an HME is comparable to the assessment for a TWIC.

Under § 1572.5(e), TSA may recognize a comparable assessment when administering the HME and TWIC programs. The regulation also recognizes a qualifying Free and Secure Trade card assessment as comparable.

Having a current TWIC may allow an applicant to receive a reduced TSA HME enrollment fee because a portion of the security assessment has already been completed. The driver must still:

Apply through the proper HME process;
Provide the required identifying information;
Establish the comparable assessment;
Comply with state CDL requirements;
Complete required testing and training;
Pay applicable federal and state fees; and
Remain eligible under current TSA and commercial-driving standards.

A TWIC is not itself an HME, and it does not authorize the driver to transport placarded hazardous materials.

Likewise, having previously passed a TWIC assessment does not prevent TSA from acting on new criminal, immigration, security, or mental-capacity information.

What If the Driver Previously Completed Another Federal Background Check?

The HME application permits an applicant to identify certain prior TSA threat assessments and federal security clearances. Providing that information may help TSA locate prior adjudicative records or expedite processing.

However, a prior federal security clearance, airport badge, military background investigation, Global Entry approval, or ordinary employment check does not automatically substitute for the HME threat assessment.

Under § 1572.5(e), TSA determines whether another government assessment is legally comparable by considering:

The minimum standards used;
The assessment’s frequency;
The date of the most recent assessment;
Whether biometric identification was included; and
Whether a biometric credential was issued.

The individual applicant does not decide for TSA that another background check is comparable.

How Long Is the TSA Hazmat Background Check Valid?

An HME security threat assessment generally follows the endorsement’s renewal cycle and may not exceed five years.

A state may impose a shorter HME or CDL renewal period. The driver should follow the expiration date shown on the state-issued credential and any renewal notice from the licensing authority.

Under § 1572.13:

The state must notify an HME holder about the renewal security assessment at least 60 days before expiration.
The driver should initiate the assessment sufficiently early to avoid a lapse.
If TSA has not completed the assessment before expiration, the state may extend the endorsement for 90 days.
Any additional extension requires TSA’s advance approval.

An extension is not automatic. The driver should contact the licensing state before relying on continued HME validity.

When Should You Start an HME Renewal Background Check?

Start early.

The regulations require advance notice and contemplate beginning the TSA assessment before the existing endorsement expires. Because state instructions and processing arrangements vary, follow the state’s specific notice and initiate the process at least 60 days before expiration when possible.

Do not wait until the final weeks if:

You have a criminal record;
A prior case lacks a reported disposition;
Your immigration documents changed;
Your name changed;
You need archived court records;
You recently moved between states;
You have an unresolved CDL issue; or
You expect to request a waiver.

Drivers with complex records may need substantially more time than an applicant whose records are complete and readily adjudicated.

How Does an HME Transfer Between States Work?

Under § 1572.13(e), when a driver transfers an existing HME from one state to another, the second state generally does not require a new TSA assessment until the assessment-renewal period established by the prior state expires, not to exceed five years.

The driver must still satisfy the new state’s transfer and CDL requirements.

A transfer does not:

Erase an adverse TSA determination;
Extend an assessment beyond its authorized period;
Cure an expired endorsement;
Remove a CDL disqualification; or
Prevent TSA or the state from acting on new information.

Contact the receiving state before transferring to determine what documentation and testing it requires.

How Long Does the TSA Hazmat Background Check Take?

Processing time varies.

Straightforward applications with complete identity, criminal-history, and immigration records may be completed relatively quickly. Cases can take longer when:

Fingerprints cannot be processed;
Identifying information is inconsistent;
TSA must verify immigration records;
An arrest lacks a disposition;
Archived court documents are required;
Several criminal matters must be analyzed;
A state offense must be compared to a federal category;
TSA requests additional information;
An appeal or waiver is necessary; or
Another agency must correct its records.

Do not treat an estimated processing period as a guaranteed deadline. Apply early enough to account for delays.

Who Receives TSA’s HME Decision?

The answer depends on the result.

Determination of No Security Threat

If TSA concludes that the driver meets the federal standards, it sends a Determination of No Security Threat to the licensing state. The state can then continue processing the HME, subject to all remaining CDL requirements.

Initial Determination of Threat Assessment

If TSA makes an adverse preliminary determination, it serves the driver with an Initial Determination explaining:

That TSA has made an adverse finding;
The basis for the determination;
How to appeal; and
The applicable deadline.

Immediate Revocation

If TSA determines that a current HME holder may pose an imminent transportation, national-security, or terrorism threat, it may send an Initial Determination and Immediate Revocation to:

The driver;
The licensing state; and
The employer, when appropriate.

The state must immediately revoke the HME.

Final Determination

When an adverse determination becomes final, TSA notifies the licensing state and, when appropriate, the employer. The state must deny or revoke the endorsement and update the driver’s record and CDLIS.

What Is the Deadline to Challenge an Adverse TSA Decision?

Under 49 C.F.R. § 1515.5, a driver generally must initiate an ordinary appeal within 60 days after receiving an Initial Determination of Threat Assessment.

The driver may initiate the appeal by:

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

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

Appeals based on intelligence, terrorism-related, or other security analyses may follow § 1515.9 instead.

Read the actual notice carefully. Keep a complete copy of everything submitted and proof of delivery.

Appeal or Waiver: Which Response Is Appropriate?

An appeal and a waiver serve different purposes.

An HME Appeal Disputes TSA’s Determination

An appeal may be appropriate when:

The criminal record belongs to someone else;
TSA treated an arrest as a conviction;
The charge was dismissed;
The driver was acquitted;
The final conviction was a misdemeanor;
The felony was reduced or amended;
TSA used the wrong conviction date;
TSA used the wrong release date;
The offense does not fit TSA’s category;
A warrant was recalled;
An indictment was dismissed;
The conviction was reversed or pardoned;
The immigration record is inaccurate; or
TSA relied on an incorrect mental-capacity record.

Our guide explains how to appeal a denied hazardous materials endorsement.

An HME Waiver Requests Discretionary Relief

A waiver generally accepts that a disqualifying condition exists but asks TSA to determine that the driver does not pose a security threat.

TSA may waive:

Every interim disqualifying felony;
Permanent offenses listed in § 1572.103(a)(5) through (a)(12);
Certain Temporary Protected Status conditions; and
Certain mental-capacity conditions.

A persuasive waiver may include evidence concerning rehabilitation, sentence completion, restitution, treatment, employment, commercial-driving safety, employer support, training, and present reliability.

Some Drivers Should Request Both

A driver may dispute TSA’s legal classification while requesting a waiver in the alternative.

This requires careful drafting. A waiver should not unintentionally concede a factual or legal issue that the driver intends to challenge.

How Can You Prepare Before the TSA Background Check?

Drivers with potentially complicated records can take several practical steps before applying.

Obtain Your Criminal-History Information

When appropriate, obtain:

An FBI Identity History Summary;
State criminal-history records;
A complete list of arrests and cases; and
Records associated with prior names or aliases.

Obtain Official Court Dispositions

Depending on your history, collect:

Certified judgments;
Dismissal orders;
Amended charges;
Plea agreements;
Sentencing orders;
Proof of release from incarceration;
Appellate mandates;
Pardons;
Expungement orders; and
Proof resolving warrants or indictments.

Calculate Relevant Dates

For a possible interim offense, identify:

The HME application date;
The conviction date;
Whether incarceration occurred; and
The release-from-incarceration date.

Review Your CDL Record

Determine whether a separate disqualification under § 383.51 could prevent TSA from issuing a favorable determination.

Check Immigration Documents

Make sure that names, identifying numbers, classifications, and work authorization documents are current and consistent.

Answer the Application Carefully

Do not guess, minimize, or omit information. If a question is unclear and the answer could materially affect eligibility, obtain legal advice before certifying the application.

When Is an Attorney Useful?

You do not need a lawyer simply to submit an ordinary HME application. Many drivers complete the background check without legal representation.

An attorney may be useful when:

TSA issued an adverse letter;
The endorsement was immediately revoked;
The criminal record belongs to another person;
The FBI record lacks a disposition;
TSA treated a misdemeanor as a felony;
The charge was dismissed or reduced;
The offense may not match TSA’s category;
The seven-year or five-year calculation is disputed;
The conviction was vacated, pardoned, or expunged;
A waiver requires substantial rehabilitation evidence;
An appeal and waiver may both be appropriate;
TSA denied a prior submission;
The case may proceed to Administrative Law Judge review;
A separate state or FMCSA disqualification may exist; or
The driver’s livelihood depends on the endorsement.

The attorney’s role is not merely to write a letter. Effective representation may require obtaining source records, determining the correct legal classification, identifying the appropriate procedure, developing the evidentiary record, and managing multiple federal and state issues.

Why Choose National Security Law Firm for an HME Case?

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

For qualifying accepted matters, we handle the process rather than providing a generic template.

Our representation generally includes:

Reviewing every page of TSA’s notice;
Identifying the deadline and procedural stage;
Determining whether the driver needs an appeal, waiver, or both;
Requesting TSA’s releasable materials when appropriate;
Obtaining ordinary court and disposition records;
Reviewing criminal-history information;
Confirming the statute and offense classification;
Calculating conviction and incarceration periods;
Comparing the conviction to TSA’s federal category;
Identifying inaccurate or incomplete source records;
Developing rehabilitation evidence when a waiver is necessary;
Reviewing the commercial-driving context;
Preparing the written legal submission;
Organizing and labeling exhibits;
Submitting the matter to TSA; and
Managing the case through the covered initial stage.

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

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

How Much Does an HME Appeal or Waiver Lawyer Cost?

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

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

Unless expressly included, the fee does not cover:

The government’s HME enrollment fee;
State CDL or endorsement fees;
Training or testing costs;
Unusual third-party expenses;
Extensive litigation to correct a source record;
A separate expungement or post-conviction proceeding;
A new waiver after completion of an appeal;
Administrative Law Judge review;
TSA Final Decision Maker review;
Federal-court litigation;
State CDL litigation;
A separate FMCSA proceeding; or
An employment dispute.

The exact scope is governed by the signed engagement agreement.

For more information, read our guide to hazmat endorsement costs, TSA charges, 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 terms are determined by the financing provider.

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

The refund guarantee is not a promise that TSA will approve an appeal, grant a waiver, issue a Determination of No Security Threat, or cause a state to issue an HME. TSA and the state licensing authority control their respective 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;
Does not guarantee state CDL or HME issuance;
Does not eliminate a separate FMCSA disqualification; and
Does not necessarily cover third-party expenses or advanced proceedings.

We do not accept every matter for guaranteed representation. We first review TSA’s notice, the procedural stage, alleged disqualification, deadlines, driving record, available records, and known facts.

Frequently Asked Questions About the TSA Hazmat Background Check

What does TSA check for a hazmat endorsement?

TSA conducts a fingerprint-based criminal-history check, immigration-status verification, intelligence-related government database checks, review under the mental-capacity provisions, and a final security adjudication.

How far back does the hazmat background check go?

The criminal-history check is not limited to seven years. The seven-year and five-year periods determine whether listed interim felonies remain disqualifying. Permanent listed offenses do not expire based solely on age.

Does every felony disqualify you?

No. The felony must fit a category listed in § 1572.103. Many listed offenses are also potentially waivable.

Do misdemeanors disqualify you?

A genuine misdemeanor ordinarily does not satisfy TSA’s listed-felony requirement. TSA may nevertheless need official records establishing the final disposition.

Does TSA review arrests that did not lead to convictions?

The fingerprint record may show the arrest. If it does not show the disposition, TSA may require official proof that the arrest did not result in a listed felony conviction.

Can an active warrant cause a denial?

Yes. A want, warrant, or pending indictment for a listed felony can be disqualifying while unresolved.

Does the HME background check include a drug test?

No. TSA does not administer a drug test as part of the security threat assessment. Drivers remain subject to separate FMCSA and employer drug-testing requirements.

Does a DUI disqualify you from the TSA assessment?

A routine DUI is not separately listed in TSA’s criminal-offense regulation. It may create a separate CDL disqualification under § 383.51.

Is simple drug possession an HME disqualifier?

Simple possession is not separately listed in TSA’s interim controlled-substance category. The regulation identifies distribution, possession with intent to distribute, and importation.

How long is the TSA HME assessment valid?

It generally follows the HME renewal cycle and may not exceed five years. A state may require a shorter renewal period.

Can a current TWIC reduce the HME background-check fee?

Potentially. TSA considers the TWIC assessment comparable to the HME assessment, and qualifying applicants may receive a reduced federal enrollment fee. The driver must still complete the HME and state CDL processes.

Does a TWIC automatically give you a hazmat endorsement?

No. A TWIC is not an HME. The driver must satisfy state CDL, training, testing, application, and endorsement requirements.

What happens if TSA approves the background check?

TSA sends the licensing state a Determination of No Security Threat. The state may then continue the HME process, subject to all other CDL requirements.

What happens if TSA denies the background check?

TSA sends the driver an Initial Determination explaining the basis, response procedures, and deadline. The driver may have grounds for an appeal, waiver, or both.

Can TSA immediately revoke an existing endorsement?

Yes. TSA may issue an Initial Determination and Immediate Revocation if it determines that a current holder may pose an imminent security threat. The state must then revoke the HME immediately.

Do I need an attorney to apply?

No. Most applicants do not need an attorney for an ordinary application. Counsel may be useful after an adverse letter or when the criminal, immigration, mental-capacity, state, or FMCSA issues are complicated.

Does NSLF guarantee HME approval?

No. NSLF cannot guarantee TSA’s or a state’s decision. Qualifying accepted matters may include a contractual refund guarantee under the signed engagement agreement.

Schedule a Free Consultation After an Adverse HME Background Check

An adverse TSA determination can prevent a driver from taking hazardous-material routes, maintaining a current position, or qualifying for better-paying work. But an adverse letter does not necessarily mean that the driver is permanently ineligible.

The strongest response begins by determining:

What TSA found;
Whether the record is accurate;
Whether the offense fits a listed category;
Whether the applicable time periods have expired;
Whether an appeal, waiver, or both are available; and
Whether a separate state or FMCSA disqualification must also be addressed.

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

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

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

Official HME Background-Check 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.