Can you get a TWIC card with a felony?

The rules

• You are permanently disqualified if you were convicted of (or found not guilty by reason of insanity of) certain felonies, no matter how long ago.¹

  49 CFR 1572.103(a): espionage; sedition; treason; a federal crime of terrorism or comparable state crime; a crime involving a transportation security incident; improper transportation of hazardous materials (49 U.S.C. 5124) or comparable state crime; unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device; murder; threats or false information about placing or detonating an explosive or other lethal device at a public place, government facility, public transportation system or infrastructure facility; certain RICO violations where a predicate act is one of these crimes; and attempts or conspiracies to commit these crimes. Even 'permanent' disqualifiers other than espionage, sedition, treason and terrorism can be considered for a waiver (see waivers).

• Other listed felonies disqualify you only for a period: if you were convicted within 7 years of applying, or released from incarceration for the crime within 5 years of applying.¹

  49 CFR 1572.103(b). The interim list: unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon; extortion; dishonesty, fraud or misrepresentation, including identity fraud and money laundering tied to a listed crime (welfare fraud and passing bad checks don't count); bribery; smuggling; immigration violations; distribution of, possession with intent to distribute, or importation of a controlled substance; arson; kidnapping or hostage taking; rape or aggravated sexual abuse; assault with intent to kill; robbery; fraudulent entry into a seaport (18 U.S.C. 1036) or comparable state crime; RICO violations not covered by the permanent list; and conspiracy or attempt to commit any of these. Simple drug possession is not on the list.

• If you are wanted, or under indictment, for any listed felony, you are disqualified until the warrant is released or the indictment is dismissed.¹

  49 CFR 1572.103(c). An arrest alone is handled differently: if your fingerprint check shows an arrest for a disqualifying crime with no final outcome, TSA tells you, and you have 60 days to send written proof that it didn't end in a disqualifying conviction (1572.103(d)).

• For TSA, a guilty or no-contest plea counts as a conviction, but a conviction that was overturned on appeal, pardoned or expunged does not.²

  49 CFR 1570.3 defines 'convicted' as any plea of guilty or nolo contendere, or any finding of guilt, except when the finding is later overturned on appeal, pardoned or expunged. A conviction is 'expunged' only if it is removed from your criminal history record and carries no remaining legal disabilities (other than use in later sentencing). If you were allowed to withdraw your plea, enter a not-guilty plea and the case was then dismissed, you are no longer considered convicted. 'Incarceration' includes a jail-type institution, halfway house or treatment facility under a sentence.

• Even with no listed offense, TSA can find you a security threat based on extensive criminal convictions, a serious crime not on the list, or more than 365 consecutive days in prison.³

  49 CFR 1572.107(b). TSA also checks terrorist watchlists, Interpol and other databases (1572.107(a)). Appeals of these determinations follow 49 CFR 1515.9.

• You must be a U.S. citizen or national, a lawful permanent resident, or in another eligible immigration status to get a TWIC.⁴

  TSA's TWIC page lists U.S. citizens, lawful permanent residents, naturalized citizens and certain nonimmigrants, asylees and refugees in lawful status. A new card costs $125.25 ($93.00 at the reduced rate for applicants who already hold a valid hazmat endorsement or FAST card) and is valid for five years; TSA recommends enrolling at least 60 days before you need it.

What can stand in the way

• A pending felony case for a listed offense (warrant or indictment) disqualifies you until it is resolved.¹

  49 CFR 1572.103(c).

• Old arrests with no recorded outcome can delay or sink your application if you don't answer TSA's notice within 60 days.¹

  49 CFR 1572.103(d)(2). Get certified court dispositions ready in advance.

• TWIC holders are re-checked over time; a new disqualifying record can lead to a preliminary determination and, if not resolved, revocation of the card.⁴

  TSA's TWIC page says that after a recurrent vetting finding of ineligibility, TSA issues a preliminary determination that lets the holder appeal or apply for a waiver, and a final ineligibility determination leads to revocation.

Waivers and exceptions

• You can ask TSA for a waiver if your disqualifying offense is anything other than espionage, sedition, treason or a federal terrorism crime (or conspiracy to commit one).⁵

  49 CFR 1515.7(a): waivers are available for offenses in 1572.103(a)(5) through (a)(12) and all of 1572.103(b); the offenses in 1572.103(a)(1)-(4) are not eligible. Send a written request no later than 60 days after TSA serves its Final Determination (you can also ask during the application or after an appeal). TSA considers the circumstances of the offense, restitution you've made, any federal or state mitigation remedies, and other factors showing you are not a security threat. TSA must decide within 60 days unless it extends the time for good cause.

• If you think TSA got your record wrong, appeal: reply in writing, or ask for the materials TSA relied on, within 60 days of the Initial Determination.⁵

  49 CFR 1515.5. You can correct an erroneous record with the court or agency that holds it and send TSA the corrected version. If you don't respond within 60 days, the Initial Determination becomes final.

• If TSA denies your waiver, you can ask an administrative law judge to review it within 30 calendar days, and then seek review by TSA's Final Decision Maker and a federal court.⁵

  49 CFR 1515.11. The judge considers only evidence you already gave TSA; new evidence means filing a new waiver request.

How states handle it

TWIC is a federal credential with one national standard. State law matters only in deciding whether your offense was a felony and whether a state record-clearing remedy (such as an expungement that leaves no remaining legal disabilities) counts.

What to do next

1. List every conviction and compare each to the permanent and interim lists in 49 CFR 1572.103. Check the dates: for interim offenses, count 7 years from conviction and 5 years from release.
2. Get certified court records (charge, final disposition, sentence and release date) for every arrest, including ones that were dismissed.
3. Enroll through TSA's enrollment provider and answer the criminal history questions truthfully.
4. If TSA sends a letter about a possible disqualifier, note the 60-day deadline. Appeal if the record is wrong; request a waiver if it is right but you can show you aren't a threat (rehabilitation evidence, restitution, completed sentence, work history, references).
5. If the waiver is denied, request administrative law judge review within 30 days.

Where to ask

• TSA: TWIC program

  Eligibility, fees ($125.25 new applicant, $93.00 reduced rate) and enrollment. TWIC help line 855-347-8371.

• 49 CFR 1572.103 (eCFR)

  The full list of disqualifying offenses.

• 49 CFR Part 1515 (eCFR)

  Appeal, waiver and administrative law judge review procedures.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.