Hazmat & Felony

Discussion in 'Hazmat Trucking Forum' started by bradyr693, Dec 6, 2018.

  1. bradyr693

    bradyr693 Bobtail Member

    Nov 23, 2018
    Can I obtain my hazmats with being a felony? What are the rules to it?
  2. REO6205

    REO6205 Trucker Forum STAFF Staff Member

    Feb 15, 2014
    What kind of felony?
  3. MBAngel

    MBAngel Medium Load Member

    Apr 1, 2018
    Tucson, Arizona
    There’s a page on the hazmat site that will tell you exactly. Many felonies go off the list after a few years, others in the terrorist category will forever block your hazmat.
  4. Chinatown

    Chinatown Road Train Member

    Aug 28, 2011
    Henderson, NV & Orient
    More than likely; you're qualified for hazmat.
  5. Moose1958

    Moose1958 Road Train Member

    Dec 17, 2010

    Putting text under a spoiler. If anything below applies to you Federal law prohibits you from having a TWIC card and/or Hazmat!

    Disqualifying Offenses

    See Parts A, B and C below for information on disqualifying criminal offenses. In addition to the disqualifying criminal offenses listed below, TSA may determine that an applicant is not eligible for the application program based on analyses of the following:
    a) Interpol and other international information, as appropriate.
    b) Terrorist watchlists, other government databases and related information.
    c) Any other information relevant to determining applicant eligibility or an applicant’s identity.
    TSA may also determine that an applicant is not eligible if the security threat assessment process reveals extensive foreign or domestic criminal convictions, a conviction for a serious crime not listed in Part A or B below (including some lesser included offenses of serious crimes; e.g. murder/voluntary manslaughter), or a period of foreign or domestic imprisonment that exceeds 365 consecutive days.
    TSA may also determine that an applicant is not eligible based on analyses of records related to violations of transportation security regulatory requirements. These include security-related offenses at an airport, on board an aircraft, at a maritime port, in connection with air cargo and other regulatory violations.

    TSA Pre✓ ® applicants must be U.S. citizens, U.S. nationals or lawful permanent residents.
    PART A

    An applicant will be disqualified if he or she was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity for any of the following felonies regardless of when they occurred:
    • Espionage or conspiracy to commit espionage.
    • Sedition or conspiracy to commit sedition.
    • Treason or conspiracy to commit treason.
    • A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable State law, or conspiracy to commit such crime.
    • A crime involving a TSI (transportation security incident). Note: A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C. 70101. The term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.
    • Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law.
    • Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. An explosive or explosive device includes an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841(f), and 844(j); and a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 U.S.C. 5845(f).
    • Murder.
    • Threat or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility.
    • Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the permanently disqualifying crimes.
    • Attempt to commit the crimes in items (1)-(4) of this section.
    • Conspiracy or attempt to commit the crimes in items (5)-(10) of this section.
    PART B

    Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity within seven years of the date of the application; OR if the applicant was released from incarceration after conviction within five years of the date of the application.
    • Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21.
    • Extortion.
    • Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks).
    • Bribery.
    • Smuggling.
    • Immigration violations.
    • Distribution, possession w/ 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 as described in 18 U.S.C. 1036, or a comparable State law.
    • Violations of the Racketeer Influenced and Corrupt Organizations Act under 18 U.S.C. 1961, et seq., or a comparable state law, other than any permanently disqualifying offenses.
    • Voluntary manslaughter.
    • Conspiracy or attempt to commit crimes in this section.
    PART C

    A person will be disqualified if he or she is wanted or under indictment in any civilian or military jurisdiction for a felony listed under Part A or Part B until the want or warrant is released or the indictment is dismissed.
  6. CK73

    CK73 Medium Load Member

    Dec 19, 2017
    Interesting.. Burglary not a disqualifier. Most ppl think any and all felonies disqualify one from delivering hazmat loads but that is not the case.
    austinmike Thanks this.
  7. Chinatown

    Chinatown Road Train Member

    Aug 28, 2011
    Henderson, NV & Orient
    Only restriction is, can't "legally" enter Canada.
    CK73 Thanks this.
  8. okiedokie

    okiedokie Road Train Member

    Jun 13, 2011
    What bunch of clowns on the us-canada border.
    CK73 and austinmike Thank this.
  9. Antinomian

    Antinomian Heavy Load Member

    Feb 17, 2013
    It may not disqualify him from getting the endorsement, but burglary sounds a lot like theft, and that's going to narrow his employment options.
    x1Heavy and Bean Jr. Thank this.
  10. x1Heavy

    x1Heavy Road Train Member

    Mar 5, 2016
    White County, Arkansas
    Indeed it will.

    Theft or embezzling etc of any flavor used to be a kiss of death for anyone caught doing so in life. And thus unemployable at any price with any trucking company who must trust a non thief for obvious reasons.
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