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TWIC Waivers and Appeals

If you were denied a Transportation Worker Identification Credential (TWIC), you should contact an experienced TWIC lawyer today. At Brett O’Brien Law, LLC, we understand the TWIC appeal and waiver process and will put together a comprehensive appeal and/or waiver application on your behalf.

Often times, the TSA bases its initial 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 official documentation relating to the underlying disqualifying criminal offense and submit them to the TSA to show either one or more of the following:

  • You were not convicted of the criminal offense and, instead, you were either found not guilty, the charge was dismissed or nolle prossed, or you were convicted of a lesser misdemeanor offense.
  • You were convicted of simple drug possession.
  • The felony conviction was overturned on appeal or you were issued an expungement or pardon 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 in fact convicted of a disqualifying offense, the experienced TWIC 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 a TWIC. 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.

The TSA waiver program was designed to make sure that individuals who do have a criminal record, but no longer pose a threat to national security are not denied a TWIC.  Thus, in the event that you do have a disqualifying conviction on your record, you should certainly take advantage of the waiver process in order to keep your current job.  The TSA itself has stated: “applicants who are disqualified due to a criminal conviction should make every effort to apply for a waiver, assuming the crime is waiver-eligible.”

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

If you are interested in appealing or applying for a waiver of your TWIC 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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