Crimes That Disqualify Drivers from Holding an Hazmat Endorsement

A driver is ineligible from holding a hazmat endorsement if the security threat assessment process reveals specific criminal offenses.

Permanent Disqualifying Criminal Offenses

The TSA disqualifies an applicant if the assessment finds the applicant was convicted, pled guilty, or was found not guilty by reason of insanity for any of the following felonies, regardless of when they occurred:

1. Espionage or conspiracy to commit espionage.
2. Sedition or conspiracy to commit sedition.
3. Treason or conspiracy to commit treason.
4. A federal crime of terrorism or comparable state law, or conspiracy to commit such crime.
5. A crime involving a transportation security incident. (A transportation security incident results in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.)
6. Improper transportation of a hazardous material.
7. Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device.
8. Murder.
9. Threat or maliciously knowingly conveying false information concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility.
10. Violations of the Racketeer Influenced and Corrupt Organizations Act or a comparable state law.
11. Attempt to commit the crimes in items 1-4.
12. Conspiracy or attempt to commit the crimes in items 5-10.

Interim Disqualifying Criminal Offenses

Some criminal convictions only disqualify an applicant temporarily. With the passage of time, the criminal history no longer restricts them from holding a hazmat endorsement. These offenses disqualify the applicant if they were:

• Convicted, pled guilty, found not competent to stand trial, or found not guilty by reason of insanity within seven years of the date of the application, or
• Released from incarceration after conviction within five years of the date of the application.

Interim disqualifying criminal offenses include:

1. Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon.
2. Extortion.
3. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a permanent or interim disqualifying crime.
4. Bribery.
5. Smuggling.
6. Immigration violations.
7. Distribution, possession with intent to distribute, or importation of a controlled substance.
8. Arson.
9. Kidnapping or hostage-taking.
10. Rape or aggravated sexual abuse.
11. Assault with intent to kill.
12. Robbery.
13. Fraudulent entry into a seaport (18 U.S.C. 1036) or a      comparable state law.
14. Violations of the Racketeer Influenced and Corrupt   Organizations Act or a comparable state law, other than any permanently disqualifying offenses.
15. Voluntary manslaughter.
16. Conspiracy or attempt to commit crimes in this section.

Under Wanted, Warrant, or Indictment

An applicant will be disqualified if he or she is wanted or under indictment in any civilian or military jurisdiction for a felony listed under the permanent or interim disqualifying crimes until the want or warrant is released or the indictment is dismissed.