TSA PRECHECK APPEAL

What is the TSA PreCheck Program?

The Transportation Security Administration’s PreCheck Program (TSA Pre✓®) is a pre-screening security program that allows eligible, low-risk travelers to receive expedited screening at qualified airports.

If you applied for the program and recently received a TSA PreCheck Preliminary Determination of Ineligibility Letter then you may be eligible for an appeal.

If your TSA PreCheck Appeal is granted you will then be admitted to the TSA PreCheck Program, which allows eligible, low-risk travelers to receive expedited screening at qualified airports saving time in exasperating airport lines and to passing through airport security without having to remove your shoes, liquids, laptops, outwear, or belts. It is an invaluable program if you are a frequent flier.

If you applied for the TSA PreCheck program and recently received a TSA PreCheck Preliminary Determination of Ineligibility Letter then you may be eligible for an appeal. Our experienced TSA PreCheck appeal attorneys will first assess the strength of your appeal, then prepare your relevant paperwork and submit it for appeal.

How do I know if qualify for a TSA PreCheck Appeal?

According to the TSA website, all United States Citizens, United States Nationals, or Lawful Permanent Residents who pay the enrollment fee, participate in the application process, and who do not provide incomplete or false application information, have not committed violations of transportation security regulations, and who haven’t committed disqualifying criminal offenses and factors, are eligible to enroll in the TSA PreCheck Program.

Often times, however, the TSA’s determination is based on inaccurate or incomplete information. For example, if your past criminal conviction was dismissed, expunged, or reduced, or if there has been more than seven years since your conviction of certain felonies, then you may still be eligible to participate in the TSA PreCheck Program.

Permanent Disqualifying Criminal Offenses

An applicant to the TSA PreCheck Program will be disqualified if he or she was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity for any of the following felonies regardless of when they occurred:

  • Espionage or conspiracy to commit espionage
  • Sedition or conspiracy to commit sedition
  • Treason or conspiracy to commit treason
  • A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable State law, or conspiracy to commit such crime
  • A crime involving a TSI (transportation security incident). Note: A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C. 70101. The term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute
  • Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law
  • Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. An explosive or explosive device includes an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841(f), and 844(j); and a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 U.S.C. 5845(f)
  • Murder
  • Threat or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility
  • Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the permanently disqualifying crimes
  • Attempt to commit the crimes in items (1)-(4) of this section
  • Conspiracy or attempt to commit the crimes in items (5)-(10) of this section

Interim Disqualifying Criminal Offenses

Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity within seven years of the date of the application; OR if the applicant was released from prison after conviction within five years of the date of the application.

  • Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21
  • Extortion
  • Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks)
  • Bribery
  • Smuggling
  • Immigration violations
  • Distribution, possession w/ intent to distribute, or importation of a controlled substance
  • Arson
  • Kidnapping or hostage taking
  • Rape or aggravated sexual abuse
  • Assault with intent to kill
  • Robbery
  • Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable State law
  • Violations of the Racketeer Influenced and Corrupt Organizations Act under 18 U.S.C. 1961, et seq., or a comparable state law, other than any permanently disqualifying offenses
  • Voluntary manslaughter
  • Conspiracy or attempt to commit crimes in this section
  • Under Want, Warrant, or Indictment

Finally, a person will be disqualified if he or she is wanted or under indictment in any civilian or military jurisdiction for a felony listed above until the want or warrant is released or the indictment is dismissed.

Timing of a TSA PreCheck Appeal

If you applied for the TSA PreCheck Program and recently received a TSA PreCheck Preliminary Determination of Ineligibility Letter then you have 60 days in order to appeal it.

Learn more about a TSA PreCheck appeal on our Lifeback Legal website or request a free consultation below.

Lifeback Legal is the TSA PreCheck appeal division of the Law Firm of Shea M. Randall. We are a full service Law Firm — from gathering documentation, hand-crafting appeals, and dealing with the headache of the appeal process.

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