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View Full Version : Expunged record and medical


thecunningone
09-04-2019, 10:52 AM
Hello everybody. I am 29 years old and attending flight school in the spring in which I need my 3rd class medical. In 2010 I was charged with theft and in the final disposition in 2011 was "theft of 500-1000$" and I agreed to a judicial diversion. In Tennessee that is a class E felony (the lowest on the list) and it was officially expunged as of 2016. In Tennessee the law states that a judicial diversion does NOT count as a conviction as of 2014.

Some things to note, in about 2013 or so I went to Canada and they stopped me at the border and brought me inside the customs office. They took my picture and finger printed me and then let me be on my way and allowed me in. This was when I became aware that it had not been expunged. I since had the record expunged through the TBI and FBI and ran an FBI fingerprint background on myself which shows nothing.

My question is, on my class III medical box 18 in which it says "history of non traffic conviction(s) including misdemeanor and/or felonies."

Is it better to just check yes or is no acceptable?


Excargodog
09-04-2019, 11:53 AM
Hello everybody. I am 29 years old and attending flight school in the spring in which I need my 3rd class medical. In 2010 I was charged with theft and in the final disposition in 2011 was "theft of 500-1000$" and I agreed to a judicial diversion. In Tennessee that is a class E felony (the lowest on the list) and it was officially expunged as of 2016. In Tennessee the law states that a judicial diversion does NOT count as a conviction as of 2014.

Some things to note, in about 2013 or so I went to Canada and they stopped me at the border and brought me inside the customs office. They took my picture and finger printed me and then let me be on my way and allowed me in. This was when I became aware that it had not been expunged. I since had the record expunged through the TBI and FBI and ran an FBI fingerprint background on myself which shows nothing.

My question is, on my class III medical box 18 in which it says "history of non traffic conviction(s) including misdemeanor and/or felonies."

Is it better to just check yes or is no acceptable?

In 2010 I was charged with theft and in the final disposition in 2011 was "theft of 500-1000$" and I agreed to a judicial diversion.

In Tennessee the law states that a judicial diversion does NOT count as a conviction as of 2014

So at the time you accepted diversion this WAS the equivalent of a conviction. I’d report it.

This is sort of like asking that if you got charged as a minor in possession would you still have to report that when you became 21. If the Canadians found out about it your future employers stand a good chance of finding out about it, and that will likely cause the employer to believe they were lied to, terminate that job and any chance of advancing beyond the regional level.

Just admitting you were young and dumb, learned from the experience, and got the record expunged is probably the more conservative course of action.

rickair7777
09-04-2019, 12:38 PM
My question is, on my class III medical box 18 in which it says "history of non traffic conviction(s) including misdemeanor and/or felonies."

Is it better to just check yes or is no acceptable?

For a more definitive answer, check with an aviation lawyer.

But I believe that when the federal government asks a question like this, they intend that it be answered literally. Especially in this case since their reason for asking is not to screen you for employment but to assess your medical suitability to fly, specifically psychological suitability. Criminal behavior can stem from personality disorders or other mental health issues. Expungement would not of course guarantee mental health.

Same thing for security clearances, LEO background checks, etc.

FAA (and TSA SIDA) backround checks reference the FBI's national database, which includes most significant crimes (arrests as well as convictions), but not minor things like moving violations. Once reported to the FBI database, convictions might not be removed even if later expunged... states can't tell the Fed what to do, and the Fed keeps that database for national security purposes. Probably NOT safe to assume the FAA and TSA will not see something which you consider expunged.

Be conservative with the FAA. They do send pilots to prison for lying on the medical form. If you can't get a definitive legal answer, report it. I doubt something like this would be much of a showstopper, since you were young when it happened. Of course don't get into any other legal problems...


As to whether you disclose this to airline employers (if they ask), that's a different question for the lawyer.