Airports And Criminal Background Checks: What's The Deal?

Airport security has been a significant concern since 9/11, and with staff having privileged access, they could potentially pose a major security risk. Airports have to be extremely cautious about who they hire, and so job applicants can expect to be put through a rigorous background checking process. In the US, two federal agencies – the Transportation Security Administration (TSA) and the Federal Aviation Administration (FAA) – set the requirements for airport background checks. In Canada, the Transportation Security Clearance Program ensures that clearance is not granted to individuals who may pose a security risk. Both the US and Canada require fingerprint-based criminal record checks for certain airport employees.

Criminal background checks for airport employees

Airport employees undergo rigorous background checks due to the privileged access they are granted and the potential security risks they could pose. These checks have become increasingly stringent since 9/11, with airports seeking to ensure they hire the right staff and foster a safer environment for passengers and colleagues.

TSA and FAA Requirements

The Transportation Security Administration (TSA) and the Federal Aviation Administration (FAA) are the two US federal agencies that set the standards for airport background checks.

TSA Requirements

In 2015, the TSA updated its criminal record check requirements following a security breach involving a baggage handler at Hartsfield–Jackson Atlanta International Airport. The new policies mandate fingerprint-based criminal checks for certain staff, such as those handling baggage, and real-time checks for all aviation workers.

FAA Requirements

The FAA mandates identity and employment verification checks for anyone applying to work at an airport. The identity check confirms an individual's identity, including name and any name changes. The employment verification check examines the last ten years of an applicant's work history, requiring written verification from former employers for any job held in the previous five years.

The FAA also requires job applications to include a question about criminal history, with a list of disqualifying crimes. If an applicant has a conviction, they are disqualified. Certain triggers, such as long gaps in employment or inconsistencies in the application, will prompt a fingerprint-based FBI criminal history check.

Additional Screening

Airports and their tenants may also conduct additional background checks beyond those mandated by the TSA and FAA. For example, employees driving vehicles on the ramp typically undergo a DOT-approved background check, including drug testing and a driving record check. Credit reports may also be used to assess potential financial risks.

International Variations

Different countries have varying requirements for criminal background checks. For instance, in Canada, the Transportation Security Clearance Program includes a certified criminal record check, and individuals with a criminal record can apply for a Record Suspension to seal their record. However, this is not recognised in the US, and a separate US Entry Waiver is required to enter or work at US airports.

Criminal records and passenger inadmissibility

Criminal records can affect an individual's ability to travel to Canada. If an individual has committed an act outside Canada that is also a crime in Canada, they could be denied entry. This is known as criminal inadmissibility. Canadian immigration officers have access to federal criminal history reports and state police records, which can result in questioning or denial of entry.

Criminal inadmissibility is when an individual is denied entry to Canada on the grounds of criminality. This can occur even if the individual has never set foot in Canada before.

Canada and the United States share criminal history information via travel documents to ensure the safety of its inhabitants. When entering Canada, individuals are required to show their passport and any necessary visas to a border agent. Once the passport has been processed, an immigration officer can access the individual's federal criminal history report and state police records, which may result in questioning or denial of entry.

Canadian Criminal Equivalency

The Canadian criminal code is complex, and finding the Criminal records can affect an individual's ability to travel to Canada. If an individual has committed an act outside Canada that is also a crime in Canada, they could be denied entry. This is known as criminal inadmissibility. Canadian immigration officers have access to federal criminal history reports and state police records, which can result in questioning or denial of entry.

Criminal inadmissibility is when an individual is denied entry to Canada on the grounds of criminality. This can occur even if the individual has never set foot in Canada before.

Canada and the United States share criminal history information via travel documents to ensure the safety of its inhabitants. When entering Canada, individuals are required to show their passport and any necessary visas to a border agent. Once the passport has been processed, an immigration officer can access the individual's federal criminal history report and state police records, which may result in questioning or denial of entry.

Canadian Criminal Equivalency

The Canadian criminal code is complex, and finding the equivalent offence in Canada can be challenging. Offences such as DUI, theft or reckless driving can typically result in inadmissibility as they are crimes in Canada as well.

Who is Affected by Inadmissibility to Canada?

Inadmissibility to Canada may affect a broad range of people, including those who have committed a crime in Canada or have been charged with a crime in Canada. Occupations and individuals particularly affected include:

• Airlines and their staff
• People wishing to go on a hunting or fishing trip to Canada
• People travelling to and from Alaska
• People engaged in cross-border trade
• People transiting through Canada

Ways to Overcome Criminal Inadmissibility

There are three main methods to overcome criminal inadmissibility:

• Submit a Temporary Resident Permit Application: A Temporary Resident Permit (TRP) is a solution that can grant temporary access to someone who is currently inadmissible to Canada.
• Submit a Criminal Rehabilitation Application: Criminal rehabilitation is a permanent waiver that removes an individual's criminal inadmissibility to Canada.
• Legal Opinion Letter: A legal opinion letter, drafted by a Canadian immigration lawyer, can help an individual decide how to respond to charges of a crime and how different outcomes would affect their ability to come to Canada.

TSA and FAA security standards

The security standards for passengers at airports are set by the Transportation Security Administration (TSA) and the Federal Aviation Administration (FAA). The TSA is responsible for screening passengers before boarding, while the FAA is an agency of the Department of Transportation. Both organizations set requirements for airport workers.

In 2015, the TSA updated its criminal record check requirements for airline and airport staff. This was due to an incident in 2014, where a baggage handler at Atlanta Airport was caught smuggling firearms. The new policies mandate fingerprint-based criminal checks and real-time checks or ongoing criminal monitoring for certain staff. Off-duty crew must also undergo regular security screening when travelling.

The FAA maintains control over the screening requirements for most parts of an airport, especially non-public areas and those beyond the security checkpoint, which are known as Security Identification Display Areas (SIDA). The FAA requires employers to verify employment history and conduct identity checks for staff working in these areas. This includes confirming two forms of ID, one with a picture, and inquiring about the last ten years of employment history.

The FAA also requires job applications to include a question about criminal history, with a specific list of disqualifying crimes. These include gaps in employment of 12 months or more, unsubstantiated claims on applications, inconsistencies in applications, and reasons to believe the candidate has disqualifying convictions. If any of these "triggers" are present, a fingerprint-based FBI criminal history check is required. The list of disqualifying crimes is extensive and includes murder, forgery, armed robbery, extortion, and illegal drug distribution.

In addition to TSA and FAA requirements, airports and their tenants may conduct further background checks. For example, those driving airport vehicles may need a DOT-approved background check, including drug testing and a driving record check.

Airport employee screening

Since the 9/11 terrorist attacks, airport security has been tightened significantly, and staff are now subject to rigorous background checks. Airports have unique security concerns due to the diverse nature and large number of jobs available. The privileged access that staff have means that airports must be extremely careful about who they hire.

TSA and FAA Requirements

The Transportation Security Administration (TSA) and the Federal Aviation Administration (FAA) are the two US federal agencies responsible for setting the standards for airport security and staff background checks.

TSA Requirements

In 2015, the TSA upgraded its background checking requirements following a security breach at Hartsfield-Jackson Atlanta International Airport, where a baggage handler was caught smuggling firearms. The new policies mandate fingerprint-based criminal checks for certain staff and real-time checks for all aviation workers.

FAA Requirements

The FAA requires identity and employment verification checks for anyone applying to work at an airport. This includes confirming two forms of ID, one with a photo, and verifying the last ten years of employment history. The FAA also requires written verification of employment for the previous five years.

A criminal history check is triggered by specific conditions, such as gaps in employment, unsubstantiated claims on the application, inconsistencies, or if there is reason to believe the candidate has disqualifying convictions. Disqualifying crimes include murder, forgery, armed robbery, and illegal drug distribution.

Additional Screening

Airports and their tenants may also conduct additional background checks, such as drug testing and driving record checks for those operating airport vehicles. Credit reports may also be used to assess potential financial risks.

International Variations

In Canada, the Transportation Security Clearance Program ensures that individuals who pose a security risk do not receive clearance. A certified criminal record check is required, which includes all criminal charges, including youth, withdrawn, and dismissed charges.

In the US, certain crimes are considered "disqualifying," such as murder, destruction of an aircraft, and armed robbery. However, an expungement can be applied for to seal a criminal record, increasing the chances of securing employment.

The rigorous background checking process for airport employees is essential to foster a safer space and protect passengers and staff from potential threats. While it may be complex and confusing, it is a critical aspect of airport security.

Background check requirements for airline employees

Airports and airlines have had to increase their security measures since 9/11, and staff get privileged access that could potentially pose a major security risk. Therefore, it is vital that staff undergo rigorous background checks.

Identity Verification

The first step of any background check is to verify the identity of the individual. This involves checking official documents such as passports, driver's licenses, or national identity cards to ensure the person's identity matches the information they have provided.

Criminal History Check

This typically involves searching national and international criminal databases to identify any convictions, arrests, or pending charges. The scope of the criminal history check may vary depending on the position, with more stringent checks for roles directly involved in flight operations. In the US, the TSA requires a fingerprint-based criminal check for certain airport employees, and real-time checks or ongoing criminal monitoring for all aviation workers. In Canada, a background check is carried out, accessing information held by the RCMP, Immigration, Refugees and Citizens Canadian, and the Canadian Security Intelligence Service.

Employment and Education Verification

Verifying an individual's employment and education history is another crucial component of aviation background checks. This helps ensure that the person's claimed experience and qualifications align with provable facts. Employers may contact previous employers or educational institutions to confirm dates of employment or attendance and gather additional information about the candidate's performance.

Financial History Check

Certain aviation positions, particularly those involving access to sensitive areas or financial responsibilities, may require a financial history check. This involves reviewing an individual's credit history, bankruptcy records, or any significant financial issues that could raise concerns about potential vulnerabilities to bribery, fraud, or other illicit activities.

Security Clearances

In some instances, aviation personnel may need to obtain security clearances from government agencies. These clearances involve a more rigorous background investigation, including interviews, reference checks, and a more comprehensive examination of the individual's personal, professional, and financial history.

Ongoing Monitoring and Periodic Re-screening

It is important to note that background checks are not necessarily a one-time process. In many jurisdictions, individuals working in aviation are subject to ongoing monitoring and periodic re-screening to ensure their continued eligibility and adherence to safety and security standards.

Frequently asked questions