National Employment Law Project 8/09
Disclaimer
The purpose of these materials is to help TWIC applicants understand how
to respond to TSA’s initial determinations of ineligibility. No legal advice is
being given and no attorney-client relationship is created by the use of these
materials. An attorney should be consulted for more detailed information in
individual cases. The National Employment Law Project (NELP) shall not be
liable for the information provided herein, or for the results obtained from
the use of such information.
How to Respond to a TSA Initial Determination That You
May Not be Eligible for a TWIC Card:
Overview of TWIC Waiver and Appeal Process
If you received a letter from TSA with an initial determination on your TWIC application, you will need
to file either a waiver or an appeal in order to obtain your TWIC card. You have 60 days from the date on
the letter to respond to TSA. If you need more time, you can request a 60-day extension from TSA. You
must write to TSA to request the extension.
You need an appeal if:
(1) You were not convicted of the offense(s) listed in the letter from TSA because the charge(s) was
dismissed, nolle prossed, or you were found not guilty; or
(2) You were convicted of a misdemeanor(s) only; or
(3) You were convicted of simple drug possession; or
(4) The charge is an interim disqualifying felony as listed on the TSA website
(http://www.tsa.gov/what_we_do/layers/twic/twic_faqs.shtm#Crimes) and the conviction date is
over 7 years ago AND you were released from incarceration over 5 years ago.
You need a waiver if:
(1) You were convicted of an interim disqualifying felony within the past 7 years OR you were
released from incarceration within the past 5 years; or
(2) You were convicted of a permanently disqualifying felony at any time.
The purpose of these materials is to help TWIC applicants understand how to respond to TSA’s initial determinations of
ineligibility. No legal advice is being given and no attorney-client relationship is created by the use of these materials. An
attorney should be consulted for more detailed information in individual cases. NELP shall not be liable for the information
provided herein, or for the results obtained from the use of such information.
National Employment Law Project 8/09
Overview of the TWIC Appeal Process
TWIC applicants are able to appeal initial denials in the following circumstances:
(1) You were not convicted of the offense, the charges were dismissed, nolle prossed, or you were
found not guilty;
(2) You were convicted of misdemeanors only; or
(3) You were convicted of simple drug possession; or
(4) The charge is an interim disqualifying felony and the conviction date is over 7 years ago AND you
were released from incarceration over 5 years ago.
If the charges listed in the letter from TSA were dismissed, you were convicted of simple drug possession
or a misdemeanor only, or the charge is one of the interim disqualifying felonies and the conviction date
was over 7 years ago AND you were released from incarceration over 5 years ago, then you should file an
appeal with TSA.
To file an appeal, you will need to submit official documents to TSA verifying that the charge was
dismissed, you were found not guilty, you were convicted of drug possession only, or you were convicted
of a misdemeanor only. These documents must come from the court, the district attorney, or the police
department. A letter from your lawyer is not sufficient.
If you were convicted of an interim disqualifying felony but the conviction date was over seven years ago
AND you were released from incarceration over five years ago, you will need to provide TSA with court
documents verifying the conviction date AND prison or jail documents verifying your release from
incarceration date.
Please note: For drug offenses, only simple possession that is non-disqualifying. Possession with intent to
sell or distribute is considered an interim disqualifying felony.
Once you have gathered the necessary documents, be sure to note on the “TSA TWIC REQUEST
COVER SHEET” the reason you think the initial determination was incorrect and why you are filing the
appeal. Include the official documents, and mail the entire packet to TSA at the address listed on the
cover sheet. Be sure to make a copy of all the documents you send to TSA and request a Delivery
Confirmation Receipt from the U.S. Postal Service. TSA has 60 days to review your appeal and will
send you a letter to inform you whether your appeal has been granted or denied.
Please note: Be sure to check the date of the letter you received from TSA. You have 60 days from the
date on the letter to respond to TSA. If you need more time, you can request a 60-day extension from
TSA. You must write to TSA to request the extension.
The purpose of these materials is to help TWIC applicants understand how to respond to TSA’s initial determinations of
ineligibility. No legal advice is being given and no attorney-client relationship is created by the use of these materials. An
attorney should be consulted for more detailed information in individual cases. NELP shall not be liable for the information
provided herein, or for the results obtained from the use of such information.
National Employment Law Project 8/09
Overview of the TWIC Waiver Process
TSA grants most of the waiver requests it receives, so you should feel confident about seeking a TWIC
waiver. Enclosed you will find information that NELP has developed to help you prepare your waiver
application on your own. This packet includes information about the waiver process and sample materials
to help you prepare your waiver application.
You will need to gather and prepare the following materials for the waiver application:
(1) Your personal statement. This statement must include the circumstances that led to the
conviction(s), the length of time since the conviction(s), and a description of all of your
rehabilitative activities, including your employment history at the port. This is your
opportunity to tell TSA in your own words what was going on then and what this job means to
you now. Be should be sure to explain that you are not a security threat and that you need this
job. An outline is provided to help you prepare the personal statement.
(2) Verification of release from incarceration and compliance with probation/parole. If you were
incarcerated, you must provide verification of your release from incarceration. In addition,
you will need to provide a letter from your probation or parole officer verifying your
compliance with the terms of your supervision. If you cannot get a letter from the
probation/parole officer you should submit documentation verifying release from supervision.
(3) Letters of support. Sample letters are provided that will help your probation/parole officer,
employer, and family, friends and other community members write the letters of support you
need to submit with your waiver application. Letters of support from your probation/parole
officer and employer are the most important. If you cannot get a letter from a supervisor, you
should submit a letter(s) from co-workers who can describe your work. In addition to your
probation/parole officer and employer letters, we suggest submitting at least two additional
letters from community leaders, friends, or family members who have known you a long time
and can explain that you do not pose a security risk at the port. If you participate in NA/AA, a
letter from your sponsor is particularly helpful.
(4) Other information. If you participated in any substance abuse counseling, anger management
classes, or other trainings or courses, you may wish to include copies of your certificates.
Once you have gathered all of the signed letters of support and other documents, include the “TSA TWIC
REQUEST COVER SHEET” received from TSA along with the personal statement and mail the entire
packet to TSA at the address listed on the cover sheet. Be sure to make a copy of all the documents
you send to TSA and request a Delivery Confirmation Receipt from the U.S. Postal Service. TSA
has 60 days to review your waiver application and will send you a letter to inform you whether your
waiver has been approved or denied.
Please note: Be sure to check the date of the letter you received from TSA. You have 60 days from the
date on the letter to respond to TSA. If you need more time, you can request a 60-day extension from
TSA. You must write to TSA to request the extension.
The purpose of these materials is to help TWIC applicants understand how to respond to TSA’s initial determinations of
ineligibility. No legal advice is being given and no attorney-client relationship is created by the use of these materials. An
attorney should be consulted for more detailed information in individual cases. NELP shall not be liable for the information
provided herein, or for the results obtained from the use of such information.
National Employment Law Project 8/09
Outline of Personal Statement for TWIC Waiver Application – this is the minimum
amount of information, please add as much detail as possible.
Dear TSA Waiver Review Board:
My name is [name]. My home address is [ ]. My phone number is [ ]. I was born on [birth date] in
[place of birth]. I am writing to respectfully request a waiver of the offenses listed in the letter I received
from TSA, [list offenses].
The circumstances surrounding these offenses [this offense] are as follows. I was [how old?]. [Explain
here what happened, how/why you were arrested.]
I was sentenced to [how many months/years incarceration/probation?] and was released in [month, year].
Since my release from incarceration/probation, I have made every effort to turn my life around and stay
on the right track. [explain what you’ve done, your work at the port, work history, your participation in
the community, your general rehabilitation, etc.]
I regret the mistakes I made. I am a different person now, and I can assure you that I present no security
risk by working at the port, and that I need this job to support myself and my family.
Thank you for considering my waiver request.
Sincerely,
[name]
The purpose of these materials is to help TWIC applicants understand how to respond to TSA’s initial determinations of
ineligibility. No legal advice is being given and no attorney-client relationship is created by the use of these materials. An
attorney should be consulted for more detailed information in individual cases. NELP shall not be liable for the information
provided herein, or for the results obtained from the use of such information.
National Employment Law Project 8/09
Sample Probation Officer Letter in Support of Worker’s TWIC Waiver Application
[Date]
Re: TWIC Waiver Application of [First and Last Name]
To Whom It May Concern:
This letter is regarding [Applicant’s name]’s request to obtain his Transportation Worker Identification
Credential (TWIC) waiver.
I am [give name and relationship to Applicant] and I have supervised [Applicant] for [x years/x months,
etc.] for [x offense]. [Applicant] was released from incarceration on [date of release, if Applicant was
incarcerated] and is currently completing a [length] term of [probation/parole/federal supervision], which
began on [date] and is scheduled to expire on [date]. He/she is in compliance with the terms of his/her
probation, including [reporting on time, passing required drug tests, maintaining stable
employment/housing, etc.]
[If applicable, include the following line.] It appears he/she takes responsibility for his/her past actions
and has demonstrated his/her intention to maintain a law-abiding lifestyle. [If possible, please include the
following line.] To my knowledge, [Applicant] does not appear to pose any kind of security risk.
I can be reached at [phone number] with any questions.
Sincerely,
[Name]
[Title]
[Address]
[Phone Number]
The purpose of these materials is to help TWIC applicants understand how to respond to TSA’s initial determinations of
ineligibility. No legal advice is being given and no attorney-client relationship is created by the use of these materials. An
attorney should be consulted for more detailed information in individual cases. NELP shall not be liable for the information
provided herein, or for the results obtained from the use of such information.
National Employment Law Project 8/09
Sample Employer Letter in Support of TWIC Waiver Application
[Date]
Re: TWIC Waiver Application of [Employee First and Last Name]
To Whom It May Concern:
I am a [job title] with [company name]. I have supervised [employee] since [start date] in his position as
[employee’s position] where he [brief description of job duties]. During the time I have known
[employee], he has been a model employee. He is hard working, honest, respectful, courteous, and well-
liked by his co-workers and management. He has never been subject to any discipline or reprimands by
the company, nor have any complaints been made about him by the customers he comes into contact with
every day. We do not believe that he poses any kind of security risk.
[Employee] is the kind of reliable and motivated employee whom we value very much at [company
name]. Therefore, we respectfully ask that TSA withdraw its initial denial and grant him a TWIC so that
he can continue working with our company.
Sincerely,
[Name]
[Address]
[Phone Number]
The purpose of these materials is to help TWIC applicants understand how to respond to TSA’s initial determinations of
ineligibility. No legal advice is being given and no attorney-client relationship is created by the use of these materials. An
attorney should be consulted for more detailed information in individual cases. NELP shall not be liable for the information
provided herein, or for the results obtained from the use of such information.
National Employment Law Project 8/09
Sample Family, Friend, or Community Member Letter in Support of TWIC Waiver
Application
[Date]
Re: TWIC Waiver Application of [First and Last Name]
To Whom It May Concern:
I am [give name and relationship to TWIC Applicant] and I have known [Applicant] for [many years;
since he or she was a child, etc.]
[Describe the kind of person you know the Applicant to be, for example: He is hard working, honest,
respectful, courteous, and well-liked.] [If applicable, acknowledge the mistakes that Applicant has made
in the past and how he or she has turned their life around.]
[TWIC Applicant] does not pose a threat to the security of the port. I respectfully request that TSA grant
him a TWIC so that he can continue to work at the port [and support his family].
Sincerely,
[Name]
[Address]
[Phone Number]
