Have you just been released from prison? If so, you know you face major challenges, including finding a job. You may not have the best job skills. Truck driving can be a great opportunity to begin again.
Some who become truck drivers get a Hazmat endorsement which allows them to transport dangerous materials.
Let’s take a look at whether felons can get a Hazmat endorsement.
In this article, we’ll cover the following:
- Getting a CDL
- What Is a Hazmat Endorsement?
- How Do You Get a Hazmat Endorsement?
- Can a Felon Get a Hazmat Endorsement?
- What Felonies Disqualify You From Getting a Hazmat Endorsement?
- Hazmat Endorsement Background Check?
- What if You Fail the Background Check?
- Can You Reapply for a Hazmat Endorsement?
- Recommended Action
Getting a CDL
Let’s take a look at what is required to get a Commercial Driver’s License (CDL). This is first step in getting a Hazmat endorsement (H).
To get a CDL, you must first apply to a truck driving school and complete their training course. This will involve studying and passing a written test along with a road test.
Among the qualifications that you must meet to be accepted into a truck driving school, is a driving record background check by the Department of Motor Vehicles (DMV).
You will be disqualified from obtaining a CDL if you were convicted within the past seven years or released from prison in the last five years for any of the following crimes:
- Felony conviction for vehicular manslaughter
- Trafficking or distribution of controlled substances, materials, or weapons
- Other felonies that could prevent you from obtaining a federal CDL are:
- Extortion, Arson
- Assault with intent to murder
Remember that each driving school sets its own standards for admission. Be sure to check those in the state in which you plan to reside.
What Is a Hazmat Endorsement?
The world changed dramatically after the terrorist attacks on September 11, 2001.
Then, Congress passed new Homeland Security legislation known as the PATRIOT Act. This created the Transportation Security Agency (TSA) with authority over much of the transportation industry, including trucking.
The TSA along with the U.S. Department of Transportation established rules to secure the transport of hazardous materials, including explosives. Federal law requires a security threat assessment on commercial drivers certified to transport hazardous materials (Hazmat endorsement).
How Do You Get a Hazmat Endorsement?
You need to know the requirements to get a Hazmat endorsement. To apply for a Hazmat endorsement, you must be at least 21 years of age and a U.S. citizen or permanent resident. You must pass a DOT physical.
You must have a valid CDL in the state where you reside. Also, you must pass the Hazardous Materials Endorsement Knowledge test and pass a Transportation Security Administration (TSA) criminal background check.
You must not have committed any disqualifying crimes. Some crimes will permanently disqualify you, including:
- Illegal handling of explosives
Other crimes will bar you from a Hazmat endorsement only temporarily or may be waived if you appeal it. These crimes include:
- Weapons violation
- Drug dealing
Consult your state and the TSA for a complete list of disqualifying crimes.
Can a Felon Get a Hazmat Endorsement?
This of course is an essential question. A felon can get a Hazmat endorsement depending on certain criteria. There are always the qualifying factors that you as a felon must pay attention to.
Just know that it is possible and don’t get discouraged. There is hope. Let’s take a look at what is involved and the factors that could prevent you from obtaining a hazmat endorsement.
What Felonies Disqualify You From Getting a Hazmat Endorsement?
You will be permanently disqualified from having a Hazmat endorsement on a CDL if you are convicted of any of the following crimes:
- Transportation security incident
- Improper transportation of a hazardous material
- Unlawful possession, use, sale, purchase, receipt, or dealing in an explosive device
- Conspiracy or attempt to commit any of these crimes
Conviction for one of the following felonies is disqualifying if you were convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity within seven years of the date of the application;
Also, if you were released from incarceration after conviction within five years of the date of the application, the following felonies will also disqualify you:
- Unlawful possession, use, sale, or dealing in a firearm
- Dishonesty, fraud, or misrepresentation
- Immigration violations
- Distribution or possession of a controlled substance
- Rape or aggravated sexual abuse
- Assault with intent to kill
- Fraudulent entry into a seaport
Hazmat Endorsement Background Check?
Of course, just as with applying for most jobs, there is a background check that is required as part of the application process to get a Hazmat endorsement.
The TSA application for a Hazmat endorsement along with your fingerprints must be submitted to TSA for the threat assessment or background check. The background check will look for the disqualifying felonies as listed above.
If any of these show up, it will result in failing the background check and not being able to get a Hazmat endorsement.
What if You Fail the Background Check?
Sometimes, an applicant will fail the TSA background check.
Not passing the background check will not result in having your CDL revoked. You just cannot carry hazardous materials.
Remember that the U.S. Patriot Act changed the requirements for issuing a hazardous materials (H) endorsement to a Commercial Driver’s License, making the requirements stricter with more reliance on a background check.
It will be more challenging to pass as a result. But, it isn’t the end of the world.
Can You Reapply for a Hazmat Endorsement?
If you do not pass the background check, you may appeal within 60 days of the decision. Depending on the results of that appeal, you may be allowed to reapply for the Hazmat endorsement. This decision will be up to the TSA to decide.
Felons who want to become a truck driver and obtain a Hazmat endorsement should be honest in all information that they present.
Be sure to enlist the support of family and friends.
Don’t be defined by your crime. You can move beyond your past and start over.
You are not defined by your crime but in how you recover from it. Don’t get discouraged and give up. Be persistent in reaching your goal of getting a Hazmat endorsement.
Truck driving is a good choice. Having a Hazmat endorsement on your CDL can increase your chances of getting a truck driving job.
What do you think about this blog post? Have you or someone you know with a felony tried to get a Hazmat endorsement? What was that like, and what happened? Please tell us in the comments below.