Hazmat/TWIC/Precheck/Other TSA goodies with criminal record? Deferred felony.

Hey all, I'm looking at entering back into the trucking game next year. I've had my CDL for 8 years but never bothered getting my Hazmat or TWIC because my carrier didn't require it.

So I have seen the TSA website and it doesn't specifically mention anything close to what I've been charged with: Disqualifying Offenses and Other Factors | Transportation Security Administration.

The other reason why I'm asking this is because I'm considering applying for a job that requires a TSA screening as it's at a secured cargo area of the airport. This isn't trucking related but goes through the same process. I don't see how I would be able to qualify for a hazmat endorsement or a TWIC but not qualify for an airport job, but you never know. Yes, I did call the TSA and the UES and they both told me to contact each other after referring to the site. Nobody knew any details and seem confused at my question.

My charge is felony aggravated assault with a deadly weapon and is a deferred sentence. The thing is that it was with a car and I ran into a pole and another car in a parking lot. They said it was intended to hit someone who was 10 feet away in the other direction and standing behind several poles. I was actually in the ER over it. It's not even logical but it's small town BS. Luckily they didn't abduct me or throw me in prison, but I did file a ton of complaints with different departments and organizations over it.

 

It’s likely those charges will cause you issues getting your hazmat and twic.
The basics of the background check is to determine whether you’rea security risk, and whether or not you’re predisposed to potentially using a dangerous load as a weapon.

 

I am not a lawyer, and I strongly encourage you to consult with one. With that said, I have some questions.

What was the disposition of your case? Were you convicted? And how long ago was this judgement entered?

is listed as an "interim disqualifying criminal offense" in section B. So unless the court determined that you did not have "intent to kill," you might be disqualified until the relevant time period passes.

 

That's what I'm saying. If you read what I said:

I said it's deferred. The disposition is not guilty because it's deferred. Otherwise it would be a conviction.
The UES and TSA do not list the charge at all on their website.
It doesn't say "intent to kill" anywhere in the disposition. That's also an interim offense, one that can get waived with a time limit or a waiver. It's not a full disqualifier.

I am assuming that I am clear but the issue is mainly for the Precheck or if there's any other unlisted things.

 

You said "deferred sentence" which is a phrase I've never heard before. That made me think that perhaps you had been convicted. Now you're talking as if it is deferred disposition, which I believe means that your final judgment has not been entered yet.

So now you need to figure out if your indictment has been dismissed or not, per section C.

 

Wrong, you better talk to a lawyer to have them explain it to you.

You have a deferred sentence, the sentence is on hold until you meet the court's stipulations.

You are convicted.

For most states, a person has to plead guilty for it to happen, and this means a conviction takes place. The deferment is for a period of time in which if the convicted person fulfills the stipulations of the court for example community service or probation then the judge will move the case for dismissal to clear the issue off the record of the person.

NY has deferred sentencing but they also adjournment in contemplation of dismissal which is where there is no plea of guilty entered.

Your record should reflect the conviction and the deferred sentence.

 

In this state it's called deferred adjudication. Of course I'm waiting for it to be done with. It will reflect as dismissed once it is done.
The difference then is that it does not say guilty. It says dismissed. Therefore, not a true conviction.
I have also been looking into other jobs that ha e strict background requirements and many accept deferred sentences after they're done because they are not true convictions. Even teachers in many states can.

 

If your conviction isn't listed as disqualifying you are OK

 

If you were convicted of one of the crimes in the TSA list you are either disqualified for life or unable to get the HM/TWIC for 5 years (or is it 7?). Otherwise you can get a HM/TWIC. Ask a lawyer if you want a binding opinion.

 

The purpose of the TSA list is to not leave unlisted items to be speculated about. Your crime is on the list or not on the list. There is no in between.