obtaining Hazmat Endorsement with Differed Sentence

Currently working with a local fuel company wanting to give me a shot as a hazmat driver. Unfortunately, I’m working thru the last couple months of my differed sentence. About a year back I caught a theft charge for discarding my girlfriends clothing. All of it. I was charged with theft and given a DV tag. The judge decided to give me a 2 year probation term with DV treatment classes along with restitution. Will this effect my chances of getting TSA hazmat endorsement clearance? Any advise or help appreciated. Thank you!

 

HAZMAT Background Checks Disqualifying Crimes

 

The TSA has disqualifying felonies & felonies that block HazMat for 7 years. Look at the link above for those.

The TSA has their decision & the trucking company has their requirements. Just because the Feds say OK, doesn't guarantee the company will accept your felony. The opposite is also true.

 

I think this one might trip you up. That section is VERY broad and in some respects up to how the offense applies to the term "dishonesty." However, you can still apply and the only thing you have to lose is the money you pay to get fingerprinted. You never know. The TSA rules say that murder is a "PERMANENT DISQUALIFYING CRIMINAL OFFENSE." yet I know of a man with a murder conviction who has hazmat and a TWIC card. The offense happened in the early 80s, did almost 25 years. Still driving last I heard.



INTERIM DISQUALIFYING CRIMINAL OFFENSES

Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), found not competent to stand trial, 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.

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  • 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).

 

Was it a felony or misdemeanor? Sounds like misdemeanor .

 

It was a class 6 felony charge, lowest level of the felonies in my state due to the monetary amount of the clothing. Case will be dismissed once probation is complete.

 

Disqualifying Offenses and Other Factors | Transportation Security Administration

PERMANENT DISQUALIFYING CRIMINAL OFFENSES

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
INTERIM DISQUALIFYING CRIMINAL OFFENSES

Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), found not competent to stand trial, 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
UNDER WANT, WARRANT OR INDICTMENT

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.

 

You'll be fine. My record is much worse and they let me haul hazmat.

 

The dishonesty must be related to an act in the permanent DQ section. Just having a felony which speaks to the felon's dishonesty IS NOT sufficient for TSA to deny HM. He may have 50 convictions for selling individual fake beanie babies, that would not prohibit him from passing TSA HM check.

 

Looks like if there was no violence in connection to the charge, it would not lead to disqualification.