The Transportation Worker Identification Credential, also known as “TWIC,” is a credential 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.
The federal Maritime Transportation Security Act (MTSA) is the federal law that mandates possession of the credential by maritime workers who want to access secure areas. It is required for workers in all maritime facilities in the U.S., including those in Texas.
The United States Transportation Security Administration (TSA) conducts a “security threat assessment,” or background check, for all TWIC applicants to determine whether an applicant is eligible. If the TSA determines that an applicant qualifies, the TSA issues the credential for them.
Individuals who already have a TWIC card may need to renew their card every 5 years. To renew a TWIC, the holder must submit a new application and undergo a background check again to ensure that they are still eligible because they do not have any disqualifying criminal convictions.
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. Certain workers in maritime employment contexts must hold a TWIC. These workers are as follows:
- Longshoremen
- Dock workers
- Drivers of the trucks that deliver goods to and from shipping ports
- Coast Guard members
- Security personnel in maritime services.
Basically, in order to gain access to zones in maritime areas that are secure, a worker must have a valid TWIC card. Secure zones would include such areas as shipping ports where vessels are loaded and unloaded.
What Crimes Can Make You Ineligible for a TWIC Card (Including Texas Convictions)?
A person who has been convicted of any of the following criminal offenses, whether under state or federal criminal law, cannot obtain a TWIC:
- Espionage
- Treason
- Terrorism
- Sedition
- Murder
- Violations of transportation security regulations, e.g., carrying a weapon or an explosive in a transportation facility
- Convictions for certain immigration violations, e.g., visa fraud or smuggling.
An individual who has been convicted of any one of these crimes is forever barred from obtaining a TWIC. A person who has a criminal conviction and is not clear on the possible effect it could have on their TWIC application should consult a Texas lawyer.
Certain criminal convictions disqualify a person for a limited period of time only, i.e., for 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 TSA 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 crimes 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 Texas Convictions Evaluated for TWIC Eligibility?
Texas 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 as well. Whether a person is convicted in Texas 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 Texas lawyer consultation would help a person understand TWIC cards and crimes. The Texas lawyer would be able to review an individual’s criminal record, if they have one, or their history of illegal immigration, if that is an issue, and determine whether that might disqualify them from getting a TWIC.
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 any period on probation or parole.
- The individual has presented proof of their rehabilitation or that they have engaged in significant community service.
The process for requesting a waiver would proceed as follows:
- The individual applies for a TWIC.
- The TSA obtains the applicant’s fingerprints and completes a complete and detailed background check. 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 an appeal or request for a waiver in writing 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 of the information that an appellant submits as part of an appeal or waiver request on a case-by-case basis. If the TSA identifies factors that disqualify the request for a waiver or the appeal, it sends the appellant an “Initial Determination of Threat Assessment.” The Determination would deny the request for a waiver or the appeal.
The appellant then has two choices as follows:
- Appeal: They can appeal further on the grounds that any records the TSA used to justify its denial are incorrect or contain errors.
- 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, in 2017, a TWIC applicant may have been convicted of possession for sale of a controlled substance. They completed their prison term, and they were released in 2019. They would point out the following facts:
- Their offense is one that is only temporarily disqualifying.
- In 2025, more than 5 years had passed since their release from prison in 2019.
- The applicant would have to wait 2 more years (until 2027) to be automatically eligible for a TWIC. However, if they can get a waiver, they could be eligible in 2025.
If this applicant can show that they have been rehabilitated and have 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. The APA offers applicants an alternative path for challenging a decision of the TSA in court.
How Do I Get Texas Court and DOJ Records for a TWIC Waiver or Appeal?
Before requesting a criminal record from the Texas Department of Public Safety (DPS), an individual wants to gather identifying information, i.e., the full name of the individual whose record is sought, their date of birth, race, and gender.
An individual can then access the Texas DPS website and complete the forms accurately with all the information required. For some requests, e.g., a personal criminal history review, the DPS may ask for a notarized signature or a copy of a government-issued i.d.
An individual may request a fingerprint-based search in order to get a more comprehensive and accurate record. To obtain a fingerprint-based search, an individual must schedule an appointment with a fingerprint service. They would then submit a full set of their prints and a fee to the fingerprinting service. Or, they may submit a criminal history request form directly to the DPS. The form may have to be notarized.
A Texas criminal defense lawyer would be able to help a person obtain their Texas criminal record.
Submitting fingerprints, an application and the required fee gets an individual their criminal record from the FBI. 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 Should I Talk to a Texas Lawyer About TWIC Card Issues?
If you would like to get a TWIC card or have tried to get one and failed, you want to talk to a Texas criminal defense lawyer. As can be seen from the information above, the process of getting 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.
