The TWIC lawyers at Brett O’Brien Law, LLC recently filed an appeal on behalf of a client whose Transportation Worker Identification Credential (TWIC) was revoked as a result of two convictions in the State of Illinois for aggravated assault with a deadly weapon. After contacting us and providing us with a copy of the letter he received from TSA revoking his TWIC on this basis, the TWIC lawyers at Brett O’Brien Law, LLC determined that an appeal was appropriate in his situation.
Under TWIC law, certain offenses will disqualify an individual from being eligible to obtain or renew their TWIC card. Those disqualifying offenses are divided into two categories: 1) permanent disqualifying offenses; and 2) interim disqualifying offenses. Both types of disqualifying offenses, however, include only felony convictions, not misdemeanors.
Permanent disqualifying convictions will prevent the individual from being able to obtain a TWIC for their lifetime. Interim disqualifying convictions, on the other hand, only prevent an individual from obtaining a TWIC if the conviction took place less than 7 years ago or if the individual was released from incarceration less than 5 years ago.
The interim disqualifying conviction that the TSA relied upon in this case to revoke our client’s TWIC privileges was “assault with the intent to kill.” According to the TSA, it appeared as though our client’s conviction for aggravated assault with a deadly weapon in Illinois was equivalent to the interim disqualifying offense of “assault with intent to kill.” Although we could have challenged the TSA’s determination that the offenses were equivalent (our client was acting in self-defense and had no intent to kill) we were able to bring forth an even better argument on our client’s behalf.
As mentioned above, all disqualifying offenses must be for felony convictions. In this case, however, our client’s arrest did not result in any felony convictions. Rather, his arrest resulted in two Class A misdemeanor convictions. Moreover, the client was thereafter sentenced to a term of Conditional Discharge for 12 months and was only ordered to pay fines totaling just over $700.00. We provided several pieces of documentary evidence in support of this to the TSA and also explained Illinois law regarding Class A misdemeanor offenses, the law regarding the offense of aggravated assault with a deadly weapon, and also explained what the Conditional Discharge program was under Illinois law.
After setting forth our legal arguments and enclosing our documentary evidence, we requested that the TSA withdraw its initial determination and immediately issue our client’s TWIC privileges. In addition, however, we also notified TSA that this action could possibly cost our client a career opportunity. We therefore explained that our client would lose a recent job opportunity if was unable to obtain his TWIC card as soon as possible and requested that they process this matter on an expedited basis (TSA usually responds to appeals and/or waiver requested within 60 days).
Once we hear back from the TSA, we will post an update as to the resolution of this appeal for your reference.
Update as of July 2017: TWIC Denial Overturned on Behalf of Client Charged with Weapons Offenses
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If your TWIC privileges were denied or revoked, contact an experienced TWIC lawyer today. Having a TWIC attorney review your initial determination of ineligibility is essential to ensuring that your TWIC privileges are adequately protected.
We provide free consultations and will review your denial and/or revocation paperwork free of charge and then advise you as to how we can help you move forward.