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60
APPENDIX C
Disqualifying Offenses Table
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61
Table C-1. Disqualifying offenses, Part 1.
e-RailSafe
CDL-HME
Passport
SENTRI
NEXUS
USPS
FAST
TWIC
CAC*
MMD
MMC
SIDA
MML
1 to 30 Disqualifying Offenses
1 A crime involving a transportation security incident
A crime listed in 18 U.S.C. Chapter 113B--Terrorism, or a state law that
2 is comparable
3 Aggravated assault
4 Aircraft piracy
5 Aircraft piracy outside the special aircraft jurisdiction of the United States
6 Arson
7 Assault with Intent to murder
8 Bribery
9 Burglary
Cannot satisfy CBP of their low-risk status (i.e., CBP has intelligence
that indicates that the applicant is not low risk; CBP cannot determine
10 an applicant's criminal, residence or employment history)
11 Carrying a Weapon or explosive aboard aircraft
12 Commission of certain crimes aboard aircraft in flight
13 Conspiracy
14 Conspiracy or attempt to commit any of these crimes
15 Conveying false information and threats
16 Convicted of a criminal offense
17 Conviction involving a fatality (vehicular crime)
18 Criminal violations of environmental laws
19 Criminal violations of environmental laws involving pollutants or HazMat
20 Destruction of aircraft or aircraft facility
21 Dishonesty, fraud, or misrepresentation, including identity fraud
Distribution, possession with intent to distribute, or importation of a
22 controlled substance, including drugs
23 Espionage
24 Extortion
25 Felony involving a threat
Forgery of certificates, false markings of aircraft, and other aircraft
26 registration violations
27 Homicide (unintentional)
Illegal possession of a controlled substance punishable by a maximum
28 term of imprisonment of more than 1 year.
29 Immigration Violations
30 Importation or manufacture of a controlled substance
*Unable to verify the disqualifying offenses for the Common Access Card.
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62
Table C-2. Disqualifying offenses, Part 2.
e-RailSafe
CDL-HME
Passport
SENTRI
NEXUS
USPS
FAST
TWIC
CAC*
MMD
MMC
SIDA
MML
31 to 60 Disqualifying Offenses
31 Imprisonment > 1 Year
Improper transportation of Hazardous Materials under 49 U.S.C. 5124
32 or a state law that is comparable
Inadmissible to the United States under immigration regulation, including
33 applicants with approved waivers of inadmissibility or parole documentation
34 Interference with air navigation
35 Interference with flight crew members or flight attendants
36 Kidnapping or hostage taking
37 Lesser RICO violations
38 Lighting violations involving transporting controlled substances
39 Murder
40 Pending criminal charges
41 Possession or distribution of stolen property
42 Racing on the highways
43 Rape or aggravated sexual abuse
44 Reckless driving
45 Robbery
46 Sedition
47 Simple assault
48 Smuggling
Subject of an ongoing investigation by any federal, state, or local law
49 enforcement agency
Subject to National Security Entry Exit Registration System (NSEERS)
50 or other special registration programs
51 Theft (embezzlement)
52 Treason
Unlawful entry into an aircraft or airport area that serves air carriers or
53 foreign air carriers contrary to established security requirements
Unlawful possession, use, sale, distribution, manufacture, purchase,
receipt, transfer, shipping, transporting, import, export, storage of, or
54 dealing in an explosive or explosive device
Unlawful possession, use, sale, distribution, manufacture, purchase,
receipt, transfer, shipping, transporting, import, export, storage of, or
55 dealing in a firearm or other weapons
Violation of any customs, immigration or agriculture regulations or laws
56 in any country
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
57 one of the offenses listed in paragraphs (d) or (h) of this section
58 Violence at international airports
Will not lawfully reside in either Canada or the United States for term of
59 credential
60 Willful destruction of property
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63
Table C-3. Disqualifying offenses, Part 3.
e-RailSafe
CDL-HME
Passport
SENTRI
NEXUS
USPS
FAST
CAC*
TWIC
MMD
MMC
SIDA
MML
61 to 93 Disqualifying Offenses
61 U.S. loan default 22 CFR 51.60
62 Arrears of child support 42 U.S.C. 2671(b)(2)(B)
63 Outstanding federal warrant or arrest for felony 18 U.S.C. 1073
Subject to criminal court order, condition of probation, or condition of
64 parole, any of which forbid departure from the United States
65 Subject to court order committing one to a mental institution
66 Declared legally incompetent
67 Subject of request for extradition
68 Subject of a subpoena received from the United States pursuant to
28 U.S.C. 1783
69 Applicant is minor, and passport may be denied under 22 CFR 51.28
Subject to an order of restraint or apprehension issued by an appropriate
70 officer of the U.S. Armed Forces under Ch.47, Title 10 U.S.C.
71 Subject to an outstanding state or local warrant of arrest for a felony
Subject of a request for extradition or provisional arrest submitted to the
72 United States by a foreign country
73 Previously denied the credential
74 Threat to national security or foreign policy
75 Minor applicant involved in custody battle
76 Trafficking
77 Conviction of a felony offense in the last 7 years
78 Released from a penal institution in the last 5 years
79 Active misdemeanor and felony warrants
80 Any pending felony charge
81 Social Security fraud alerts
82 A history of crimes of concern
83 Out of service area
84 Permanent disqualifier
85 Background check canceled by contractor
86 Convicted of offenses involving dishonesty
87 Convicted of offenses involving moral turpitude
88 Convicted of offenses involving financial gain
89 On parole, probation, or under suspended sentence for commision of
a felony
On parole, probation, or under suspended sentence for any controlled
90 substance charge
91 Pending controlled substance charges
92 Pattern of criminal conduct
Conviction, investigation of, or under indictment for stealing mail or
93 other postal crimes
