TSA Clearance with deferred adjudication? This is to work in a secured cargo area at an airport.

[randyb100]

The company I'm employed with has an air division that operates at major airports and requires a TSA clearance for many positions. I have a deferred felony that is being dismissed this year and I am considering applying. The charge itself is aggravated assault. It literally says something like recklessly threatening injury as I didn't actually assault anyone. I got in a car wreck. I have read several reports of people actually injuring people and having their charges dropped to misdemeanors, yet this particular court is very unforgiving. I'm looking at my legal options in other states and at the federal level but am unable to get it modified at this time.

I have called the TSA and the UES but one told me to contact the other, basically. Neither could tell me and told me to just check the website. The UES website does not list assault, other than with the intent to kill, as a disqualifier at all. It's not listed under Hazmat or TWIC disqualifiers, either.

Is it safe to assume I can be accepted, even with a waiver? I am looking at moving to another state that gives certificates of rehabilitation in hopes that it will overshadow the charge in the eyes of the law. I got the charge in a very conservative area of the country that doesn't allow deferred dispositions to even be expunged fully, just sealed.

 

[MidlifeFlyer]

I can't answer your specific question for a few reasons. Among them is whether a state which issues certificate of rehabilitation will even touch an offense occurring in a different state.

Typically, expungements and certificates of rehabilitation don't remove a federal disqualification and don't allow you to avoid reporting them (even the FAA medical application requires reporting expunged convictions). But they may have an effect on a waiver petition. There are firms which specialize in the TSA waiver and appeals process. If it were important to me, that would be my next stop.

 

[randyb100]

I can't answer your specific question for a few reasons. Among them is whether a state which issues certificate of rehabilitation will even touch an offense occurring in a different state.

Typically, expungements and certificates of rehabilitation don't remove a federal disqualification and don't allow you to avoid reporting them (even the FAA medical application requires reporting expunged convictions). But they may have an effect on a waiver petition. There are firms which specialize in the TSA waiver and appeals process. If it were important to me, that would be my next stop.

That's only secondary to the main question. The main question is: "will a deferred adjudication felony, a crime not included in the TSA list of disqualifying offenses, prevent me from obtaining a TSA clearance." That is only secondary to that question and in hopes that a waiver could be granted based on additional evidence. I could show them the affidavit itself as evidence if there's a waiver hearing because the affidavit plainly states that I did not actually commit the crime they charged me with!

Then there are states like Colorado and California that will allow people in my situation to become peace officers or teachers. It seems like the main issue is the airport's own standards. Texas especially likes to list deferred adjudication as a disqualifier when other states don't at all. That is beyond federal standards. If you knew anything about the state then you'd know it's just them not prosecuting people because there's quite a lot of crime that happens that's largely ignored because of who's involved.

But this is basically comparing federal regulations to state. Again, federal is far less strict than a lot of states. No, it won't be as liberal as the west coast or the Great Lakes area even, but it's far more liberal than the south is.

 

[MidlifeFlyer]

That's only secondary to the main question. The main question is: "will a deferred adjudication felony, a crime not included in the TSA list of disqualifying offenses, prevent me from obtaining a TSA clearance."

I can't answer that.

 

[Wanobi]

With my charge (felony delivery of controlled substance) they wanted me off probation first. YMMV

 

[Pepwave1]

The company I'm employed with has an air division that operates at major airports and requires a TSA clearance for many positions. I have a deferred felony that is being dismissed this year and I am considering applying. The charge itself is aggravated assault. It literally says something like recklessly threatening injury as I didn't actually assault anyone. I got in a car wreck. I have read several reports of people actually injuring people and having their charges dropped to misdemeanors, yet this particular court is very unforgiving. I'm looking at my legal options in other states and at the federal level but am unable to get it modified at this time.

I have called the TSA and the UES but one told me to contact the other, basically. Neither could tell me and told me to just check the website. The UES website does not list assault, other than with the intent to kill, as a disqualifier at all. It's not listed under Hazmat or TWIC disqualifiers, either.

Is it safe to assume I can be accepted, even with a waiver? I am looking at moving to another state that gives certificates of rehabilitation in hopes that it will overshadow the charge in the eyes of the law. I got the charge in a very conservative area of the country that doesn't allow deferred dispositions to even be expunged fully, just sealed.

There are a few SIDA requirements…that is what the TSA uses. They can be found at 49 CFR §1542.229.

If you require ramp access for a cargo operation that crosses the border…any international air cargo at all…you’ll need a Customs Seal.

Here’s where you run into an issue. You can get a customs seal for access to areas, but you cannot work in any capacity where you touch cargo with any previous guilty plea on your record. A deferred adjudication usually involved a finding of guilt.

That being said, I could be wrong. Roll the dice…see if it happens. Let us know how it turned out.