New Credential Program Affects Those with Felony Convictions

A relatively new federal security measure requires port workers and truck drivers to obtain credentials in order to access secure port facilities without escort. From now until December 2008, the Transportation Security Administration (TSA) will be enrolling applicants into the Transportation Worker Identification Credential (TWIC) program. The program will require an estimated 750,000 port workers and truck drivers to obtain tamper-resistant biometric credentials as Phase I implementation of provisions from the Maritime Transportation Security Act of 2002 and the SAFE (Security and Accountability For Every) Port Act of 2006.

As with many other security credential approval programs, criminal history affects TWIC program eligibility. The TSA plans to disqualify applicants with certain felony convictions. Application screening for the TWIC divides the universe of felonies into two categories: (1) permanent disqualifying criminal offenses and (2) interim disqualifying criminal offenses. A “permanent disqualifying criminal offense,” such as espionage or murder, bars the applicant from the program, though subject to various exceptions. If the underlying crime is an “interim disqualifying criminal offense” (e.g., drug dealing, weapons possession), then the disqualification lasts for only seven years after the offense or five years after the applicant’s release, whichever event occurred later.

Fortunately, the TWIC program’s appeal and waiver provisions relieve the applicants a bit from these disqualifications. An appeal mechanism is available for denials based on inaccurate or incomplete information. This feature is especially useful because of TSA’s reliance on the Federal Bureau of Investigation “rap sheet”—a notoriously inaccurate and incomplete document—to judge an applicant’s criminal background. Indeed, the U.S. attorney general reports that 50 percent of the records do not indicate whether a case ended in a conviction or a dismissal. Moreover, the rap sheet does not distinguish between felonies (proper reason for denial) and misdemeanors (improper). If a mistake on the rap sheet leads to a denial, then the applicant can appeal by presenting court documents reflecting the correct information to TSA.

Where the denial is based on correct information, applicants may find relief in TWIC’s waiver mechanism if the underlying crime is not espionage, treason, or similar offenses. To receive the waiver, the applicant must give to TSA evidence showing that the applicant “no longer poses a security threat.” Evidence of rehabilitation may include the length of time served, activities since release, and third-party references.

Advocates working to increase employment opportunities for ex-offenders should track the implementation of the TWIC program because it provides model strategies for expanding access to good jobs for those with criminal records. That is, the TWIC program offers a real second chance. The Shriver Center will help Chicago port workers, who face this new program beginning in mid-November, as they attempt to access the appeal and waiver rights process.

For more information,  contact Marie Claire Tran at 312.368.3308.