Back on 201Qill was discharged (other then honorable) from the military for making a dumb ### mistake and trying trying an illigal substance. I have not let that bring me down from the start of my discharge I have done everything possible to make myself a good life. I currently work in the oilfield, recently married, and got my class a CDL. Unfortunately I'm worried that my mistake may prevent me from getting my hazmat, I would like to get it. Will I be shot down if I apply for hazmat for my stupidity?
Hazmat background check
Discussion in 'Questions From New Drivers' started by Brandon Marr, Oct 19, 2015.
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List of Disqualifying Criminal Offenses for Hazardous Materials Endorsement
Interim Disqualifying OffensesThese crimes are only disqualifying if they are considered felonies in the appropriate jurisdiction, civilian or military. A driver will be disqualified from holding a hazardous materials endorsement if he or she was convicted* or found not guilty by reason of insanity within the last seven years or was released from prison
within the last five years for any of the following crimes:
- 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, or dealing in a firearm or other weapon
- Extortion
- Dishonesty, fraud, or misrepresentation, including identity fraud
- Bribery
- Smuggling
- Immigration violations
- Violations of RICO (Racketeer Influenced and Corrupt Organizations) Act or a
- Robbery
- Distributions of, possession with intent to distribute, or importation of a controlled
substance (State laws vary on the quantity of marijuana required for the offense tobe considered a felony. Typically, however, to be convicted of felony marijuanapossession, a person must possess a quantity of marijuana greater than anamount considered for "personal use").
- Arson
- Conspiracy or attempt to commit any of these crimes
insanity of any of the following crimes:
- Espionage
- Sedition
- Treason
- Any crime listed in 18 U.S.C. Chapter 113B – Terrorism or a comparable state law
- A crime involving a severe transportation security incident (i.e, security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
- Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law (minor infractions involving transportation of hazardous materials will not disqualify a driver. For instance, no driver will be disqualified for minor roadside infractions or placarding violations.)
- Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
- Murder as defined in 18 U.S.C. 1111
- Conspiracy or attempt to commit any of these crimes
- Violations of RICO (Racketeer Influence and Corrupt Organizations) Act or a comparable state law of one of these Permanently Disqualifying crimes
jurisdiction for a felony listed under Part A or Part B until the want or warrant is released.*Convicted means any plea of guilty or nolo contendere or any finding of guiltPermissible Immigration Status to Hold Hazardous Materials EndorsementAn applicant for an HME must be one of the following:
- A citizen of the U.S. who has not renounced his/her U.S. citizenship
- A lawful permanent resident of the U.S. as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101)
- A lawful non immigrant in possession of valid, unrestricted employment authorization
- A refugee admitted under section 8 U.S.C. 1157 in possession of valid unrestricted employment authorization
- In asylum status under section 8 U.S.C. 1158 in possession of valid, unrestricted
employment authorization
Lepton1, T_Bone and rabbiporkchop Thank this. -
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At least you are honest and up front. Don't get much of that here. It is usually "is my friend" etc.
The Patriot Thanks this. -
Even people convicted of some of those disqualifying offenses could still possibly go through a waiver process to get it approved even if it automatically gets rejected in the beginning
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You are fine. Don't worry
Canned Spam Thanks this. -
As long as it was just military ar 15 and not a courts martial then your fine. Ar15 offenses army reported nor can civilians readily without written authorization from you Obtain those records. Therefore whatever reason the OTH was given TSA won't be made aware. Like I said unless you were court martial and or arrested by a civlian authority
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You should also apply for an upgrade on your discharge. I you have been a good boy since then you can have it upgraded to general and then later on honorable.
Don't do drugs while employed driving. We don't like that. -
Also I have not done anything of the sort since my discharge it was honestly a 1 time thing just a lapse of judgement after my deployment. I will look up how to upgrade my discharge that would be really awesome thank you all for the info and help. -
You have nothing to worry about.
Chuckjmann Thanks this.
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