Originally Posted by
slyguy
You have seen my posts in the "Ask The Recuter section." I have been doing a ton of research on this topic and from the laws that I have found in nearly every state and the attorney that I spoke with, you do not have to say you have been convicted of anything. And you shouldn't. You have been "rehabilitated" which is why you are allowed to have certain things expunged. The charge will show at the state level that it was dismissed. As in it never made it to trial. The state will also send a letter (required by federal law) that the charge has been dismissed. Most people wait a few months then check the federal background to see if it's gone, at which time if it's not (NCIC), you can write a letter and send proof that it was dismissed/expunged and contest it. The only employers that you are required to answer yes to this question to are basically government jobs. You can also not be fired for answering no to the question, and the employer is not allowed to ask about expunged/dismissed cases. It's a very slippery slope for the employer.
The problem with expunging DUI's is most states have made it very very difficult for them to be expunged now. It requires a lawyers assistance, seeing a judge, etc. There are a few things that have become very difficult.
Here is the law:
So legally, it shows on your record as dismissed, and they can't ask you about it. If they do, and an airline should have the HR power to know not to, you have them by the short hairs if they fire you for it. They may find something else, but if they do do you really want to work for them anyways? Once you tell them it has been dismissed, they are done asking questions, legally they have to be.
Airlines have had a tendency to do things they way THEY want to, and fight the lawsuit if necessary. I guarantee you that AMR for example would fire somebody in a heartbeat if they found out he had this sort of background. They would prefer to pay lawyers rather than than risk the PR damage if there is an incident and the pilot's background becomes public.
It's not all about whether they think you are a good guy...they consider how it will look in the 6 o'clock news and how a jury will feel about it after a crash, when literally billions are on the line.
Generally I advise honesty (only if asked, don't disclose anything they don't ask for). But in the case of a fairly detailed history like this one, he might be better off not mentioning the expunged matters and hoping they don't find out. Tough call.
But DO NOT lie on any federal forms...there is federal prison time associated with that.