Can You get your hazmat with a felony?

Can You Get Your Hazmat With a Felony?

Hazardous Materials (Hazmat) transportation is a vital part of modern commerce, and companies rely on hazmat trained professionals to move dangerous goods safely. But what happens if you have a felony on your record and want to pursue a hazmat career? Can you still get your hazmat certification and work in this field? In this article, we’ll explore the answer to this question and provide insight into the process.

What is Hazmat Transportation?

Before we dive into the certification process, let’s understand what hazmat transportation is. Hazardous Materials (Hazmat) transportation involves moving dangerous goods, such as chemicals, fuels, and biological substances, by road, air, rail, or sea. These goods are subject to special regulations and safety protocols due to the potential risks associated with their transport.

Hazmat Certification Requirements

To become a hazmat transportation professional, you must obtain a Transportation Worker Identification Credential (TWIC) card and Hazmat Function-Specific Training. Here are the basic requirements for hazmat certification:

• Age: You must be at least 21 years old to apply for a TWIC card.
• Citizenship: You must be a U.S. citizen or a permanent resident alien who is admitted for permanent residence.
• Fingerprints: You must submit your fingerprints for a FBI background check.
• Background Check: You must pass a background check administered by the Transportation Security Administration (TSA).
• Medical Examination: You must undergo a medical examination by a Transportation Security Administration (TSA)-designated medical provider.

The Impact of a Felony on Your Hazmat Application

So, can you get your hazmat with a felony? The short answer is it’s possible, but it depends on the circumstances. The Federal Motor Carrier Safety Administration (FMCSA) has specific guidelines regarding the impact of a felony on hazmat certification:

• Felony conviction: If you have been convicted of a felony within the last 5 years, you may not be eligible for a hazmat certification.
• Aggravated felony: If you have been convicted of an aggravated felony, you are automatically disqualified from hazmat transportation.
• Multiple convictions: If you have multiple felony convictions, you may be denied hazmat certification.

The Background Check Process

The background check process for hazmat certification is a critical step. The Transportation Security Administration (TSA) uses various databases, including the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and the Treasury Department’s Financial Crimes Enforcement Network (FinCEN), to conduct the check.

• Felony convictions: If you have a felony conviction, the TSA will review the severity of the offense and determine whether it affects your eligibility for a hazmat certification.
• Clemency or expungement: If you have had a felony conviction, but have since received clemency or had the conviction expunged, you may be eligible for a hazmat certification.

What Happens if Your Application is Denied?

If your hazmat certification application is denied due to a felony conviction, you may:

• Request a waiver: You can request a waiver from the FMCSA, providing additional information and justification for your eligibility.
• Appeal the decision: You can appeal the denial to the FMCSA’s Hazardous Materials Regulations Appeals Committee.
• Reapply after 5 years: If your denial was based on a recent felony conviction, you may reapply after 5 years.

Conclusion

In conclusion, having a felony on your record can impact your ability to get your hazmat certification, but it’s not impossible. The key is to understand the specific guidelines and regulations governing hazmat certification and to provide additional information and justification to support your eligibility. If your application is denied, you have options for requesting a waiver or appealing the decision. With persistence and the right guidance, it’s possible to achieve your hazmat certification despite a felony on your record.

Appendix

Note: The above table is a general guideline and may vary depending on state laws and regulations.

I hope this article provides helpful information on the topic of getting hazmat certification with a felony. If you have any further questions or concerns, please feel free to contact us.