One of the effects of the 9-11 attacks was the development of the Homeland Security Administration and many new laws which are aimed at protecting national security. Many of these laws are directed at the transportation industry. The Transportation Security Administration was created to oversee and enforce many of these laws. Truck drivers, holders of commercial drivers license (CDL) individuals with HAZMAT endorsements, etc., are now subject to additional requirements to obtain and keep a CDL or other important endorsements to that CDL.
One such requirement that can be imposed is TWIC, transportation worker identification credentials. This is typically required when a driver has access to “secure” areas. The application and renewal process is explained more fully at the TSA website.
The TSA employs a screening process to determine if a truck driver is eligible for his/her TWIC credential. I person can be denied TWIC for a number of reasons. One of the most common reason is criminal grounds. Under the TWIC laws, an individual can be denied TWIC if he has been convicted of a qualifying criminal offense. If the TSA determines that such an offense has been committed, the individual will be sent a Initial Determination of Threat Assessment or IDTA.
The IDTA alerts the applicant that their application or renewal application will be denied barring a successful appeal.
Although certain criminal offenses can result in an absolute denial, the overwhelming majority of criminal convictions are subject to waiver, which means if the appeal is succesful, the TSA will withdraw the IDTA and provide the applicant with TWIC. The appeals process is not easy. It requires a submission of a lengthy brief and an analysis of the law as it pertains to the individual.
I have represented many individuals in connection with these appeals and have had great success. On almost every occasion, I have been contacted by a truck driver who is completely surprised by the IDTA. In some instances, the subject criminal convictions are years old. The importance of winning the appeal is paramount when one considers the alternatives. If my client does not get his TWIC, he faces the prospect of losing his job, his health benefits, home, etc.
I can help. To date, I have not lost an appeal. If you have any more questions, I can be contacted.