The Transportation Worker Identification Credential, also known as “TWIC,” is a credential that is required by the U.S. government for any worker in the maritime industry who wants to access the secure areas of maritime facilities and ships in the U.S. Possession of the credential by maritime workers is required by the federal Maritime Transportation Security Act. It is required for all maritime facilities in the U.S., including those in California.
When an individual applies for a TWIC, the United States Transportation Security Administration (TSA) conducts a “security threat assessment,” or background check, to determine whether the individual is eligible. If they are found to be eligible, the TSA issues the credential for them.
Individuals who already have a TWIC card may need to renew their card every 5 years. The renewal process involves submitting a new application and undergoing a background check again to ensure that the individual is still eligible for the credential.
Having a TWIC card can open up new job opportunities for individuals within the transportation industry. Many employers require workers to have a TWIC card before they are hired. Applicants with a TWIC card may have a competitive advantage over those without one.
Employers may also provide incentives, such as higher pay or better benefits, to workers with a TWIC card, because it gives the employee the ability to access secure areas without an escort.
People who are citizens of the U.S. and immigrants in certain immigration categories may apply for the credential. Most mariners licensed by the U.S. Coast Guard also must have the credential.
What Is a TWIC Card? (Federal Requirements)
The TWIC is a biometric security card. Those in possession of the TWIC are able to access secure areas of ports, ships and other maritime facilities without an escort. This is advantageous for them and their employers. Holding a TWIC is a requirement for the following workers in maritime situations:
- Longshoremen
- Dock workers
- Truck drivers who deliver goods to and from shipping ports
- Coast Guard members
- Security personnel in maritime services.
Basically, if a worker’s job requires access to secure zones in maritime areas, e.g., shipping ports where vessels are loaded and unloaded, the worker must have a valid TWIC card.
What Crimes Can Make You Ineligible for a TWIC Card (Including California Convictions)?
A person who has been convicted of any of the following offenses, whether as state or federal criminal offenses, cannot obtain a TWIC:
- Espionage
- Treason
- Terrorism
- Sedition
- Murder
- Violations of transportation security regulations, e.g., carrying a weapon or explosive in a transportation facility
- Convictions for certain immigration violations, e.g., visa fraud or smuggling
A person who has been convicted of these criminal offenses is forever barred from obtaining a TWIC. A person who is not clear on the possible effect of their criminal conviction on their TWIC application should consult a California lawyer about any conviction in their criminal conviction.
Certain criminal convictions disqualify a person for a limited period of time, i.e., 7 years from the date on which the person is convicted or for 5 years from the date of an individual’s release from prison, whichever is later.
However, it is important to note that when the TSE conducts its background check for a TWIC applicant, it does a comprehensive FBI background check that includes an applicant’s entire criminal history, not just their history for the most recent 5 or 7 past years. Among the offenses that may disqualify a person for 5 or 7 years are the following:
- Assault with intent to murder
- Kidnapping or hostage-taking
- Rape or aggravated sexual abuse
- Extortion
- Federal terrorism offenses
- Bribery
- Smuggling
- Arson
- Fraud involving more than $10,000
- Firearm and explosive violations
- Drug trafficking.
In addition, individuals who are not lawfully present in the U.S. or who have been convicted of certain immigration violations may not be eligible to obtain the credential.
How Are California Convictions Evaluated for TWIC Eligibility?
California criminal convictions can have a negative effect on an individual’s eligibility for a TWIC card, as can federal convictions and convictions of certain crimes in other states also. Whether a person is convicted in California or in other states, specific felonies can lead to denial of a TWIC card. These include the following:
- Espionage
- Treason
- Terrorism
- Crimes involving transportation security incidents
A California lawyer consultation would help a person understand TWIC cards and crimes and assess whether they have a criminal record or illegal immigration history that might disqualify them from obtaining the credential.
What Are TWIC Waivers and Appeals After a Criminal Conviction?
Once the lookback period for an interim disqualification has passed, an individual may become eligible to apply for a card again. However, passing the seven-year or five-year window does not mean a card is granted automatically. The applicant must still complete the full application process and meet all other security standards to prove they are not a threat.
It may be possible to get a waiver of a criminal conviction so as to become eligible for a TWIC under certain circumstances as follows:
- The ineligible individual has not been charged with or convicted of any other crime since the conviction that has made them ineligible.
- The individual completed any sentence, including probation and/or parole.
- The individual has demonstrated that they have been rehabilitated or have engaged in community involvement
The process for requesting a waiver would proceed as follows:
- The individual applies for a TWIC.
- The TSA does a thorough and detailed background check that includes collecting the applicant’s fingerprints. The prints are sent to the FBI so it can search through national criminal databases for any criminal records that may disqualify the applicant. The TSA may also review an individual’s credit history, employment history, and other personal information.
- If the application is denied, the individual receives a “Notice of Initial Determination” from TSA.
- The individual would then submit a written appeal or waiver request within 60 days. They would ask the TSA to ignore a disqualifying crime because the applicant is not a security risk any longer. A waiver might be available for all interim disqualifications and certain permanent disqualifications, such as murder or the improper handling of explosives.
The application for a waiver would include the following:
- Relevant court documents
- Letters of recommendation
- Their employment history
- Certificates of rehabilitation.
The Transportation Security Administration reviews all information submitted in connection with an appeal or waiver request on a case-by-case basis. If the appellant receives an “Initial Determination of Threat Assessment,” it means that the TSA has discovered disqualifying factors.
The appellant then has two choices as follows:
- Appeal: They can prove that the records the TSA used to justify its determination are mistaken or incorrect.
- Waiver: They can acknowledge that there is a conviction in their criminal record, and ask TSA to make an exception in their case based on their rehabilitation.
For example, a TWIC applicant may have been convicted of possession for sale of a controlled substance in 2017. They completed their prison term, and they were released in 2019.
- Their offense is temporarily disqualifying.
- In 2025, it was more than 5 years since their release from prison.
- The applicant would have to wait 2 more years (until 2027) to be automatically eligible but if they can get a waiver, they could be eligible in 2025.
If this applicant can show rehabilitation and no new offenses, TSA may have approved their application through a waiver in 2025. The applicant would not have to wait until 2027.
Applicants for a TWIC may also seek relief from a denial under the federal Administrative Procedure Act (APA). This law gives people the right to go to court for a review if they believe that a government agency has made an unfair or illegal decision in their case. Under the APA, applicants have an alternative path for challenging federal agency decisions in court.
How Do You Get California Court and DOJ Records for a TWIC Waiver or Appeal?
A person can request their criminal record from the California Department of Justice. They must submit a fingerprint card, a completed application and the required fee. A criminal record can also be obtained from the California court in which a person was convicted. A person would need to contact the Clerk of the Court in which they were convicted to learn about that court’s process for obtaining criminal records.
A person can obtain their criminal record from the FBI as well by submitting a fingerprint, an application and the required fee. Finally, some credit reporting agencies provide access to criminal records. A person would want to check the credit reporting agency’s website to find out if the agency offers access to criminal records and the process for accessing them.
When To Talk to a California Lawyer About TWIC Card Issues
If you would like to get a TWIC card or have tried and failed to do so, you want to talk to a California criminal defense lawyer. As can be seen from the information above, the process of obtaining all the necessary documents and putting together an application can get complicated.
An experienced criminal defense lawyer can help you get the credential, apply for a waiver or file an appeal of a negative decision regarding your TWIC card application. They can review your criminal history and determine whether you may be eligible for a waiver or if an appeal is the best course of action. Your lawyer will be able to guide you efficiently through all required legal processes.
