Hazmat background check

Discussion in 'Questions From New Drivers' started by Brandon Marr, Oct 19, 2015.

  1. Brandon Marr

    Brandon Marr Bobtail Member

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    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?
     
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  3. Oaker

    Oaker Medium Load Member

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    List of Disqualifying Criminal Offenses for Hazardous Materials Endorsement

    Interim Disqualifying Offenses
    These 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
    comparable state law of an Interim Disqualifying crime
    • 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
    Permanently Disqualifying Criminal OffensesA driver will be permanently disqualified from holding a hazardous materials endorsement on a CDL if he or she was ever convicted or found not guilty by reason of
    insanity of any of the following crimes:
    • Espionage
    • Sedition
    • Treason
    • 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
    • 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
    Under Want or WarrantA driver will be disqualified from holding a hazardous materials endorsement on a CDL if he or she is wanted or under indictment in any civilian or military
    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
    • 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
     
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  4. Brandon Marr

    Brandon Marr Bobtail Member

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    T
    Thank you for thus info. After reading it all it seems like I should be eligible for hazmat. Feel free to correct me of I'm wrong.
     
  5. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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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.
     
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  6. rabbiporkchop

    rabbiporkchop Road Train Member

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    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
     
  7. CJndaTruck

    CJndaTruck Road Train Member

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    You are fine. Don't worry
     
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  8. Jamarmayes07

    Jamarmayes07 Bobtail Member

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    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
     
  9. Wooly Rhino

    Wooly Rhino Road Train Member

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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.
     
  10. Brandon Marr

    Brandon Marr Bobtail Member

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    I was never arrested or court martial so that a plus.

    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.
     
  11. austinmike

    austinmike Road Train Member

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    You have nothing to worry about.
     
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