TSA PreCheck is a trusted traveler program that offers expedited security screening for passengers at airports across the United States. However, not everyone is eligible to participate in this program. Certain convictions can disqualify individuals from obtaining or retaining their PreCheck status, such as acts of terrorism or domestic violence offenses.
If you have concerns about how your criminal history might impact your TSA PreCheck eligibility, consulting with legal experts like Carlson, Meissner & Hayslett can provide valuable insights and guidance. We’re here to help you understand which crimes can prevent you from retaining your PreCheck status and what you can do about it.
What is the TSA PreCheck?
TSA PreCheck is designed to enhance the travel experience by allowing eligible passengers to enjoy:
- Shorter wait times
- Reduced screening procedures
- The convenience of keeping shoes, belts, and light jackets on during security checks
To qualify for TSA PreCheck, applicants must undergo a background check and meet specific criteria. You may be surprised to learn that not every crime will negatively impact your ability to qualify for the TSA PreCheck program. The following is a list of the specific crimes that will result in either a permanent or temporary ban on your ability to qualify for TSA PreCheck.
Permanent Disqualifying Criminal Offenses
If you have been convicted of any of the following felonies, regardless of when they occurred, you will be permanently disqualified from the TSA PreCheck program:
- Espionage
- Sedition
- Treason
- Terrorism
- A crime involving a transportation security incident
- Improper transportation of a hazardous material
- Unlawful possession or use of an explosive device
- Murder
- Making a bomb threat
- An attempt to commit any of the above crimes
Interim Disqualifying Criminal Offenses
A conviction for one of the following felonies is disqualifying if you were convicted within seven years of the date of the application, or were released from incarceration within five years of the date of the application:
- Unlawful possession, use, sale, of a firearm or other weapon
- Extortion
- Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering
- 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
- Racketeering
- Voluntary manslaughter
- Conspiracy or attempt to commit crimes in this section
Disqualification isn't limited to convictions, but also encompasses pending charges or unresolved cases related to these crimes. If you have a history of fraud-related arrests or convictions, you may face denial of enrollment or revocation of existing membership.
Appealing a Denial or Revocation
If you believe your TSA PreCheck application was wrongfully denied or your membership was unfairly revoked due to a criminal conviction, you have the right to appeal. Your appeal must be filed within 60 days and you should prepare any documents that might help address the reason for the denial. You can provide more detailed explanations of the circumstances surrounding the conviction, show evidence of rehabilitation, or produce legal documentation showing that the conviction was overturned or expunged.
Once you submit your appeal, it will enter CBP's queue for review, which may involve additional background checks or requests for further information. After review, CBP will issue a decision on the appeal, which can either result in the reversal of the initial denial or the upholding of the denial.
Ready to Travel? Turn to Carlson, Meissner & Hayslett for Legal Solutions.
Maintaining TSA PreCheck eligibility requires a clean criminal record, especially concerning offenses related to terrorism, violence, drugs, and fraud. Understanding which crimes can disqualify you from retaining this status is crucial for travelers who wish to enjoy the benefits of expedited airport security screening.
At Carlson, Meissner & Hayslett, our experienced team of criminal defense attorneys is here to protect your rights and help you stay eligible for this Trusted Traveler program. If you are facing any criminal charges, Contact us today for expert legal assistance and to ensure that your travel plans remain on track!
