Question About Getting Hired With A Record...

[BrokenBox]

Sheepdancer:

Two matters here.

1.) According to the initial post, the possession offense was NOT a felony; I misread it the first tome, too.

2.) I've been out of the driving business for a while now. Would a simple misdemeanor possession charge, with successful completion of probation keep him from getting a haz-mat endorsement??

I dont think a misdemeaner would keep him from getting hazmat. However it could keep him from running Canada.
I can "sometimes" work with misdemeaner possession charges. As long as its been at least 5 years since last day of probabtion and everything else is spotless on him.

i do have my hazmat the only thing that worries me is when i goto renew it i might have problems passing the check....

also records sealed or expunged are not available to public records or employers except in certain instances like the military or local and federal law enforcment so i was wondering if this would apply since i could be given a haz-mat load the record might show up with the new laws and i might run into some issues thats why im thinking the DAC might show it with the company so it would be released to them

[TankerYanker]

Just read this post. Are you guys saying that if you have a felony for anything, that you can't haul hazmat?

[Orangetxguy]

Found this at the Texas DPS website; http://www.txdps.state.tx.us/adminis.../hme.htm#link5

Texas Department of Public Safety
Hazardous Materials Endorsement (HME) Application Procedures

Effective May 1, 2006

Menu
General Information
Citizenship Requirements
Mandatory Disclosures
Application and Fingerprinting Procedures
Disqualifying Crimes
For More Information…


General Information
In accordance with Section 1012 of the USA PATRIOT Act, the federal Transportation Security Administration (TSA) and the U.S. Department of Transportation (DOT) have promulgated rules to secure the transport of hazardous materials, including explosives. These rules require a security threat assessment on all commercial drivers transporting hazardous materials. The process includes the collection of an individual’s fingerprints and verification of citizenship, immigration eligibility or permanent legal presence in the United States.

Pursuant to the federal regulations, states were required to implement fingerprinting and background check requirements for new HME applicants on January 31, 2005. The effective date for procedures related to processing renewal and transfer applicants was delayed until May 31, 2005. As of that date, no commercial driver license (CDL) with an HME may be issued unless the applicant has first undergone the security threat assessment and obtained clearance from TSA. However, current HME holders will be granted a ninety-day temporary endorsement at the time of renewal.

Applicants will not be permitted to transfer the remaining validity period of an endorsement issued by another state. Even if the applicant recently completed a security threat assessment in another jurisdiction, a new security threat assessment is required.


Citizenship Requirements

Applicants for issuance or renewal of an HME must be a United States citizen who has not renounced citizenship, a lawful permanent resident of the United States or meet the requirements for immigration status. The documents that will be accepted as proof of citizenship or immigration status are as follows:

U.S. Passport.
Certificate of birth that bears an official seal and was issued by a state, county, municipal authority or outlying possession of the United States.
Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS 1350).
Certificate of Naturalization (Form N-550 or N-570).
Certificate of U.S. Citizenship (Form N-560 or N-561).
Permanent Resident Card, Alien Registration Receipt Card (Form I-551).
Temporary I-551 stamp on foreign passport.
Temporary I-551 stamp on Form I-94, Arrival/Departure Record with photograph of the bearer.
Reentry Permit (Form I-327).
Mandatory Disclosures

Certification and/or disclosure of the following is also required at the time of application:

The applicant has not been convicted or found guilty by reason of insanity of any of the interim disqualifying crimes in any jurisdiction, civilian or military, during the seven years before the date of application.
The applicant has not been released from incarceration in any jurisdiction, civilian or military, for committing any interim disqualifying crime during the five years before the date of application.
The applicant has not been convicted or found not guilty by reason of insanity of any permanently disqualifying crime.
The applicant is not wanted or under indictment in any jurisdiction, civilian or military, for a disqualifying crime.
The applicant has not been adjudicated as lacking mental capacity or committed to a mental institution involuntarily.
The applicant is either a United States citizen who has not renounced United States citizenship, or a lawful permanent resident of the United States, or meets eligibility requirements for immigration status.
Disclosure of the applicant’s military service and date of discharge.
Application and Fingerprinting Procedures
Applicants for the HME will be required to meet all standard federal regulations for the class of license sought, complete all required forms and testing and pay necessary fees. If these requirements are satisfied, the Department of Public Safety (DPS) will issue the applicant a CDL without the HME [or with the ninety-day temporary endorsement, if applicable] until TSA completes the threat assessment process.

Effective 5/1/06: At the time of renewal, the applicant will be provided a packet which includes fingerprint information to take to an Identix Identification Services location in order to initiate the required background check. Visit the website www.identix.com/iis (click on the “Texas” link and then on the “schedule a fingerprinting appointment online” tab) or call 1-888-467-2080 to schedule an appointment and pay for the transaction ($73.00 plus $9.95 processing fee). The informational packet includes a form entitled “FAST – Fingerprinting Applicant Services of Texas” which must be completed and submitted to the vendor. At the time of appointment, the vendor will confirm the applicant’s identity using the Texas CDL and take a digital photo and fingerprints using a state-of-the-art live scan and camera system. The vendor will forward the photo, fingerprints and $73.00 fee to the Department and the applicant will be provided with a unique tracking number to confirm the transaction.

The $73.00 fee referenced above is a non-refundable processing fee as follows: $34.00 TSA threat assessment fee; $24.00 FBI criminal history processing fee and $15.00 DPS criminal history processing fee. Please note that applicants may not initiate the fingerprinting process prior to receipt of the new Texas CDL. The DPS will forward the applicant’s fingerprints to the Federal Bureau of Investigation (FBI) for processing. The FBI will then forward to TSA data concerning any criminal history the applicant may have in order for TSA to make the final determination regarding eligibility for the HME. The applicant will be notified in writing of approval/disapproval for the endorsement. If approved, DPS will mail a new commercial driver license to the applicant. The endorsement is valid for a period of five years and will be so noted on the new license. If disapproved, the applicant will receive information on how to appeal the denial through TSA. Drivers may renew their licenses up to one year prior to the expiration date. However, renewal applications must be filed no later than thirty days prior to expiration. The Department strongly encourages applicants to allow sufficient time in advance of the need to renew the HME for this process to be completed.

Individuals who currently have a CDL with an HME who do not meet the qualification requirements must immediately surrender the CDL (with HME) to a local driver license office. If otherwise qualified, and if all applicable fees are paid, the applicant may be re-issued a CDL without an HME.

Disqualifying Crimes
Permanently Disqualifying Criminal Offenses:
An applicant has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the following felonies:

Espionage
Sedition
Treason
A crime listed in 18 U.S.C Chapter 113B—Terrorism, or a State law that is comparable.
A crime involving a transportation security incident
Improper transportation of a hazardous material under 49 U.S.C. 5124 or a State law that is comparable
Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
Murder
Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a State law that is comparable, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the offenses listed in 4 or 8 of this section.
Conspiracy or attempt to commit any of the crimes listed above.
Interim Disqualifying Criminal Offenses:
An applicant has an interim disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction, of any of the crimes below within the seven years preceding the date of application; or if the applicant was released from incarceration for the crime within the five years preceding the application date:

Assault with intent to murder
Kidnapping or hostage taking
Rape or aggravated sexual abuse
Unlawful possession, use, sale, manufacture, purchase, distribution, receipt transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon
Extortion
Dishonesty, fraud, or misrepresentation, including identity fraud.
Bribery
Smuggling
Immigration violations
Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a violation of a comparable state law.
Robbery
Distribution of, possession with intent to distribute, or importation of a controlled substance
Arson
Conspiracy or attempt to commit the crimes in this section.
Under Want or Warrant: Applicants under want or indictment in any civilian or military jurisdiction for any permanent or interim disqualifying felony listed above are disqualified until the want or warrant is released.

For More Information…
Detailed information regarding the Act, including the waiver and appeal process, is available at the TSA website at http://www.tsa.gov. Should you have additional questions regarding the Act’s requirements, please contact your local driver license office or the License Issuance Bureau – CDL Section at 512/424-2010.

[BrokenBox]

USIS says all information can be wiped from the records if i have the local and state agencies send the form into them...

[stanman63]

Just read this post. Are you guys saying that if you have a felony for anything, that you can't haul hazmat?

no you can get your x with a felony i have mine

[RottsATruckin]

Just read this post. Are you guys saying that if you have a felony for anything, that you can't haul hazmat?

no you can get your x with a felony i have mine

Me too, and I can enter Canada, I called Canada imigration and dealt with them first, got it in writing no problemo. My company didn't mind cuz I've been a good citizen ever since my conviction.