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 to
    be considered a felony. Typically, however, to be convicted of felony marijuana
    possession, a person must possess a quantity of marijuana greater than an
    amount considered for "personal use").

  • Arson

  • Conspiracy or attempt to commit any of these crimes

Permanently Disqualifying Criminal Offenses

A 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 Warrant

A 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 guilt

Permissible Immigration Status to Hold Hazardous Materials Endorsement

An 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

Privacy Act and Paperwork Reduction Act Notices

Privacy Act Notice:
The authority for collecting this information is 49 U.S.C. 114, 40113 and 49 U.S.C. 5103a.

Purpose: This information is needed to verify your identity and to conduct a security threat assessment to evaluate your suitability for a hazardous materials
endorsement for a commercial driver's license. Your Social Security Number (SSN) or alien registration number will be used as your identification number in this
process and to verify your identity. Furnishing this information, including your SSN or alien registration number, is voluntary; however, failure to provide it will prevent
the completion of your security threat assessment, without which you may not be granted a hazardous materials endorsement.

Routine Uses: Routine uses of this information include disclosure to the FBI to retrieve your criminal history record; to TSA contractors or other agents who are
providing services relating to the security threat assessment; to appropriate governmental agencies for licensing, law enforcement, or security purposes, or in the
interests of national security; and to foreign and international governmental authorities in accordance with law and international agreement.

For more complete details and information please refer to
49 CFR 1572.103
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Disqualifying Criminal Offenses for Hazardous Materials Endorsement
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