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Win Results in Clients Approval of A Transportation Worker Identification Credential

Brett O’Brien Law, LLC Win Results in Clients Approval of A Transportation Worker Identification Credential

Case History – Brett O’Brien Law, LLC was retained to represent a client who was issued a Preliminary Determination of Ineligibility with respect to his Transportation Worker Identification Credential application following a theft conviction.

The Preliminary Determination of Ineligibility was issued due to the client’s prior conviction for theft of government funds. Although charged and ultimately convicted of the crime, the client came to Brett O’Brien Law, LLC to seek reconsideration from the Transportation Security Administration.

As a loving grandfather and family-oriented individual, the client obtained a new job that required the use of a Transportation Worker Identification Credential. As a Deck Supervisor, the client often travels to regions where a Transportation Worker Identification Credential is required. Without the application approval, the client’s daily work duties would result in time consuming procedures which would take valuable time from his regular work duties. The bottom line is that without the Transportation Worker Identification Credential, the client’s entire personal domestic situation and livelihood would ultimately be affected.

The Transportation Security Administration’s Position- Resulting from the client’s conviction for theft of federal funds, the Transportation Security Administration declared that the client could not be approved for a Transportation Worker Identification Credential if the felony conviction was the result of:

  • The applicant was convicted or otherwise found not guilty by reason on insanity of the crime in a civilian or military jurisdiction, within seven (7) years of the date of the application; or
  • The applicant was incarcerated for the crime and ultimately released from incarceration within five (5) years of the date of the Transportation Worker Identification Credential application pursuant of the Code of Federal Regulations.

 

Brett O’Brien Law, LLC’s Defense – Immediately following the retention for aid, Brett O’Brien Law, LLC worked systematically and diligently to appeal the application denial. One of the most successful defense approaches was demonstrating that while the Code of Federal Regulation was accurate, it no longer applied to the client. Attorney Brett O’Brien successfully demonstrated the time limitations, which the client was no longer adhered to.

Brett O’Brien Law, LLC collected corroborative documents that helped to support the client’s appeal. Important issues that had to be discussed in order to avoid possible omissions were the inclusion of the client’s past criminal history records. A detailed criminal record was provided which explained the client’s past wrongdoings.

The presentation of the criminal record was not the only contributing factor. It was necessary to demonstrate that the client was no longer the person he was when the incident took place. He, instead, has chosen to seek professional support and has ultimately chosen to be a family-oriented individual. Obtaining evidence of this was key in demonstrating that the client would not pose a risk if successfully obtaining a Transportation Worker Identification Credential. Instead, the application approval would reinforce the client’s determination to move forward with his life and be the individual his family can all count on.

Brett O’Brien Law, LLC successfully ensured the client’s Transportation Worker Identification Credential Approval. If you have been denied a Transportation Worker Identification Credential and believe you may be eligible to appeal the decision, Brett O’Brien Law, LLC can help. If you are unsure if an appeal would apply to your situation, they are available to consult with you. You can learn more about their representation here: TSA Appeals: TWIC Appeals and Waivers.

About the Author

Brett O'Brien, Esq.
Brett O'Brien, Esq.
author

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.