Thread: Legal issues
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Old 09-12-2014, 10:37 PM
  #6  
MaxThrustPower
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Joined APC: Aug 2014
Posts: 104
Default Felony Convictions

I agree that it depends a *LOT* on what the felony was and the circumstances.

Yes, the ATP requirements do reference good moral character, so that is one hurdle to pass.

A DUI is not normally a felony unless it involves death, serious bodily injury, or is a multiple infraction -- usually three or more. A DUI is not prohibitive from holding an ATP. However, it must be reported promptly to the FAA, of course.

To me, regardless of getting the ATP, to be able to be hired by an airline requires a pilot be qualified to work inside the SIDA (Secure Identification Access Area). FAR Part 107.209d is very specific about a long list of convictions that prohibit a person from being eligible for SIDA access for ten years after a CONVICTION. So if a person is convicted of any of those crimes, it becomes an issue. *Note: It doesn't say it's okay that you are convicted and then it is okay if it is dismissed. Once he is convicted, he is convicted. And the question is "were you ever convicted of", not "are any convictions still showing on your record". Not sure if they could see the crimes once they are dismissed from your record, but it might show up somewhere.

To quote 107.209d:

(d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty of by reason of insanity, of any of the disqualifying crimes listed in this paragraph in any jurisdiction during the 10 years before the date of the individual's application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows—
(1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation; 49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
(6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
(8) Conveying false information and threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
(10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
(11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.

(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving—
(i) Willful destruction of property;
(ii) Importation or manufacture of a controlled substance;
(iii) Burglary;
(iv) Theft;
(v) Dishonesty, fraud, or misrepresentation;
(vi) Possession or distribution of stolen property;
(vii) Aggravated assault;
(viii) Bribery; or
(ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph.

I agree that your friend needs to seek qualified legal counsel.
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