TSA PreCheck®

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, including a clean criminal record.

While the TSA does not publish an exhaustive list of disqualifying offenses, certain criminal convictions are known to prevent individuals from obtaining or keeping their PreCheck status. These offenses typically fall into categories such as terrorism, espionage, murder, and certain felony offenses involving weapons or violence.

Disqualifying Felony Convictions

Individuals convicted of felonies, especially those related to terrorism, espionage, or offenses involving violence or weapons, are likely to be disqualified from TSA PreCheck.

Examples include but are not limited to:

  • Acts of terrorism or conspiracy to commit terrorism
  • Espionage or conspiracy to commit espionage
  • Murder or attempted murder
  • Assault with a deadly weapon
  • Felony drug offenses
  • Felony firearms offenses

However, it's important to note that not all felony convictions automatically disqualify individuals from TSA PreCheck. The severity and nature of the offense, as well as how long ago it occurred, may be considered during the application process.

Disqualifying Misdemeanor Crimes of Violence

While misdemeanor offenses are generally less severe than felonies, certain misdemeanor crimes of violence can still disqualify individuals from TSA PreCheck. These may include:

  • Misdemeanor assault or battery
  • Domestic violence offenses
  • Reckless endangerment
  • Stalking or harassment

Again, each case is evaluated based on the specific circumstances and the individual's overall criminal history.

Controlled Substance Offenses

Convictions related to controlled substances, including possession, distribution, or trafficking of illegal drugs, can also lead to disqualification from TSA PreCheck. Here’s what you need to know:

  • This includes both felony and misdemeanor drug offenses
  • The disqualification applies not only to convictions but also to pending charges or unresolved cases involving controlled substances
  • Individuals with a history of drug-related arrests or convictions may be subject to additional scrutiny during the application process, which could result in denial of enrollment or revocation of existing membership

Fraud and Identity Theft

Crimes involving fraud, identity theft, or financial crimes may result in disqualification from TSA Pre✓®. This includes convictions for:

  • Credit card fraud
  • Identity theft
  • Embezzlement
  • Money laundering
  • Similar offense

Again, 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 Disqualification

If you believe you were unfairly disqualified from PreCheck due to a criminal conviction, the TSA offers an appeals process that allows individuals to provide additional information or documentation to support their case. This may include:

  • Explanations of the circumstances surrounding the conviction
  • Evidence of rehabilitation
  • Legal documentation showing that the conviction was overturned or expunged

Appeals are considered case-by-case, and providing thorough and relevant information can significantly strengthen your appeal.

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.

If you believe you were unfairly disqualified, you can appeal the decision and present your case to the TSA. Carlson, Meissner & Hayslett can provide valuable legal assistance and guidance throughout the appeal process, helping you navigate the complexities of PreCheck eligibility requirements and advocating for your rights. Our experienced team understands the nuances of criminal law and can help you build a strong appeal to support your case and seek a favorable outcome.

Contact us today to schedule your consultation and learn more about how we can help!

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