A good deal of our time these days is spent trying, not only to mitigate the punishment a client might receive in a criminal case, but also trying to lessen the effects on his ability to find a job. One of the newest concerns we have run across is that of clients attempting to get T.W.I.C. cards. T.W.I.C. is short for Transportation Worker Identification Credential. It's an identification card issued by the Transporation Safety Administration (TSA) to people who are going to be working at certain places where special security access is required, such as a port. T.W.I.C. has been around for a few months now, and it's estimated that in the neighborhood of a million-and-a-half workers will need one for their jobs. In the past few months, we have had a handful of clients who are truck drivers who need T.W.I.C. cards in order to make deliveries to TSA regulated sites.
In order to get a T.W.I.C. card, you have to pass a criminal background check. Some of the types of offenses that can disqualify you from a T.W.I.C. card include unlawful possession of a firearm (i.e., Unlawfully Carrying a Weapon or Possession of a Prohibited Weapon), "misrepresentation," whatever that means (Does False Report to a Peace Officer or Failure to Identify count?), and possession with intent to distribute a controlled substance. According to TSA's website, it's not even necessary to be convicted to be disqualifed. A "guilty" or "no contest" plea to a plea bargain for deferred adjudication is a disqualification, as is merely being presently charged with one of these offenses. If you are a truck driver, you should add T.W.I.C. disqualification to your long list of potential worries if you are charged with a crime. Certainly, you should not consider entering any type of plea bargain agreement unless you have checked into the possible effects on your ability to work in areas regulated by the TSA.