Our office was contacted by a client who had applied for TSA Pre-Check and had been denied. The client is a construction and real estate professional who has had a very successful career. His job involves significant travel to check on various projects and without TSA Pre-Check he was spending way too much time in security lines. TSA denied our client’s petition because of a criminal offense that occurred over thirty (30 years old). The criminal conviction was for involuntary manslaughter that was a resulting from a tragic accident.
Upon being retained, our attorneys obtained the Client’s criminal record and analyzed it in accordance with the TSA Guidelines. We determined that the actual statutory crime he was convicted of was involuntary manslaughter, and not an intentional or knowing murder. This is significant because the TSA Part A Permanently Disqualifying Offense of Murder is not implicated here. As more than seven (7) years had passed since his conviction (in fact it had been more than 30 years), the Part B Interim Disqualifying Offense provisions are not relevant. Therefore, the question becomes whether our client should be disqualified under the general provisions that:
“TSA may also determine that an applicant is not eligible if the security threat assessment process reveals extensive foreign or domestic criminal convictions, a conviction for a serious crime not listed in Part A or B below (including some lesser included offenses of serious crimes; e.g. murder/voluntary manslaughter), or a period of foreign or domestic imprisonment that exceeds 365 consecutive days.” The operative language here is “may determine.”
In order to convince TSA that they should not exercise their discretion to deny our Client because of this serious (although not conclusively barring conviction), we set about obtaining information about his background and character that we could assemble into a convincing package to demonstrate his fitness for TSA clearance. We wrote a memorandum to TSA telling them how our client had rehabilitated himself after the conviction. We advised that he had completed college, aattended numerous college courses, attained his Real Estate sales licenses in three different states. We indicated that he acquired his “residential” and then subsequently his “building” contractor’s licenses while working in the industry with all licensing was vetted, the history of the accident disclosed, and that final reviews allowed him State Licenses in all jurisdictions in which he applied. We provided TSA with Letters of Recommendation attesting to his good character from prominent members of his community and business associates.
We wrote in our legal memorandum that the U.S. Customs and Border Protection Web Site indicates several reasons for a denial of Global Entry. While applicable to Global Entry, they are certainly relevant factors in a discretionary TSA Determination. These are:
- Provide false or incomplete information on the application;
- Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence);
- Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
- Are the subject of an ongoing investigation by any federal, state or local law enforcement agency;
- Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or
- Cannot satisfy CBP of your low-risk status.
We informed TSA that our Client did not fall into any of these categories. All questions on his application were answered honesty and forthrightly. He has no pending criminal charges or outstanding warrants. He has never been found in violation of any customs, immigration or agricultural regulations. He is not the subject of any ongoing investigations by any law enforcement agencies. He has no immigration issues and he is a United States Citizen. He is not subject to either Permanent Disqualification under Part A or Interim Disqualification under Part B of the TSA Regulations.
Our office was able to provide proof, documentation, and character reference letters showing that this was an isolated incident in our client’s history. This was our clients only criminal offense and as such this offense should result in a denial.
It was a long, drawn out battle, taking almost nine months, but eventually TSA relented and as a result of our submission, reversed its decision and granted our Client TSA Pre-Check.
Wolf Law is here to help you with your TSA Pre-Check and Global Entry denial. Call us at 732-741-4448 for a free consultation.