Pilots helping pilots

View over 100 airline profilesAdd to Google



Go Back   Airline Pilot Central Forums > Pilot Lounge > Aviation Law
Register FAQ Advertising Calendar Search Today's Posts Mark Forums Read

Aviation Law Legal issues, FARs, and questions

 

Welcome to Airline Pilot Forums

    Already registered? Login above

OR
 
To take advantage of all the site's features, become a member of
the largest community of airline pilots in the U.S. and beyond.

The advertising to the left will not show if you are a registered user.


Reply
 
Thread Tools Search this Thread Display Modes
Old 08-17-2011, 02:57 PM   #1 (permalink)
Gets Weekends Off
 
LowSlowT2's Avatar
 
Joined APC: Aug 2011
Posts: 200
Question FAA Expunction Policy?

I saw this on the alt dev thread (alt deviation

Quote:
The FAA used to have an expunction policy that removed suspensions from your record after 5 years but that's on hold as the FAA decides how to deal with the post-Colgan improvements to PRIA.
Can anyone elaborate?

The reason for my question: almost 17 years ago, my PPL was suspended for 30 days for failure to report my driving license suspension w/in 60 days.

The 60-day reporting rule went into effect Jan '91, my DL suspension occurred Apr '91, the FAA sent out those old yellow card 'NOTAMs' informing airmen in Oct '91 and it didn't make it into the AIM until the '92 version - prior to that it was only in the Federal Register. I was not actively flying then, so was blissfully unaware.

Fast-forward three years and when I decided to start GA flying again and saw the question, "has your driving license every been suspended or revoked" on my FAA medical questionnaire and I answered honestly, provided the details, and got my medical.

Several months later, the FAA sent letters to my dad's house (address on record) which he did not forward to me and I got them all at once when visiting a couple months later. My time to appeal had passed and I called the FAA and after arguing with their lawyer on a conference call for about 45 minutes about being punished for being honest (they admitted they'd have never known if I hadn't self-reported), I conceded and mailed in my certificate with a letter of protest. It was returned to me less than 30 days later.

Fast forward 17 years and as I prepare to leave the military and seek civilian employment, I requested a copy of my FAA record on file, any enforcement/suspension/revocation actions, and even my FAA medical information. When I received the info in the mail from the FAA, there was not only no record of the suspension (or any correspondence), there was an actual cover letter stating categorically that there was no certificate action on file against my license.

Was this an example of the 5-year expunction rule noted above?? Is it as if it never happened?

Because...

Now, as I begin to fill out applications, I notice a common question is, "has your FAA license ever been suspended?". If there is no record of it, should I report it? I realize it would be easy to explain in an interview, and while I'm not trying to hide anything, I don't want to offer any extra info that might preclude my application getting into the "interview" pile...

Thoughts??
LowSlowT2 is offline   Reply With Quote
Advertising above will not show if you are a registered user.
Old 08-18-2011, 03:45 AM   #2 (permalink)
Gets Weekends Off
 
Joined APC: Nov 2008
Posts: 756
Default

Quote:
Originally Posted by LowSlowT2 View Post
Fast forward 17 years and as I prepare to leave the military and seek civilian employment, I requested a copy of my FAA record on file, any enforcement/suspension/revocation actions, and even my FAA medical information. When I received the info in the mail from the FAA, there was not only no record of the suspension (or any correspondence), there was an actual cover letter stating categorically that there was no certificate action on file against my license.

Was this an example of the 5-year expunction rule noted above?? Is it as if it never happened?
Yes.

Quote:
Because...

Now, as I begin to fill out applications, I notice a common question is, "has your FAA license ever been suspended?". If there is no record of it, should I report it? I realize it would be easy to explain in an interview, and while I'm not trying to hide anything, I don't want to offer any extra info that might preclude my application getting into the "interview" pile...

Thoughts??
I'll leave that one for folks more knowledgeable about the specifics of hiring practices and whether any employer can ask about legal actions that are no longer formally on the record.
NoyGonnaDoIt is offline   Reply With Quote
 
 
 

 
Reply
 



« Previous Thread | Next Thread »
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Expunction Policy NoyGonnaDoIt Aviation Law 0 02-11-2011 10:26 AM
FAA Proposes $359,000 fine for SkyWest palgia841 Regional 17 01-21-2011 04:37 PM
The faa........not doing it by the book ewrbasedpilot Major 1 12-10-2010 06:44 AM
What is an Economic Stimulus? jungle Money Talk 10 01-27-2009 12:55 PM
upgrade time to captain at NJ aafurloughee Fractional 41 06-25-2008 06:43 PM


All times are GMT -8. The time now is 03:00 AM.


vBulletin® v3.8.6, Copyright ©2000-2012, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.6.0
Copyright ©2000 - 2012 Internet Brands, Inc.