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DenverPilot
09-04-2014, 08:27 AM
Hello all! Thanks in advance for any and all help. Been a reader here for years but this is my first time requesting help with my own problems.

To make a very long and sad story somewhat short, due to some very bad circumstances and bad luck I ended up with a federal felony conviction. The dreaded Title 18 USC 1001, making a false statement.

This offense took place while under the employ of a federal agency and I have of course since resigned. In previous instances of this particular offense it has been handled internally with the maximum penalty being resignation.

Again, long story, but due to circumstances beyond my control (not the best lawyer?) I was charged criminally and the end result is the above conviction. My sentence was very low, fitting the minor nature of the offense, one year of probation.

The judge was very understanding of the situation and my previous 20 years of Gov service backed up the fact that I am not a criminal or a security risk and he was curious as to why the case was even prosecuted when other means of punishment were available.

So here is the issue: I am an experienced pilot that exceeds ATP and regional airline standards. I have spoken with several regionals and was told the same thing after explaining the entire story. Everyone was sympathetic and understood the nature of the offense, curious as to why I was prosecuted, and asked if I can get my record expunged. I would be offered an interview immediately if that were the case.

But!!!!! According to Title 49 USC 1544.230 a criminal record check must be done by the air carrier and any offense listed in 49 USC 1544.229d is a disqualifying offense. 26v of that section includes any felony of dishonesty, which unfortunately I was charged with.

I know that for a TWIC card the same offenses are also listed as disqualifying but they are divided into PERMANENT and INTERIM. The interim offenses can be both waived and appealed and there is a process for that. My offense fits into that area and I am sure that I would at least have a fighting chance.

So here is the question::: Is anyone out there familiar with this issue? IS there an appeal process for pilots? Any experience in this area?

Some good news. I did use an aviation attorney and after submitting all of the details of the case I was issued a First Class Medical and was informed that I am eligible to earn an ATP under the :good moral character" section. Unfortunately I am no longer able to fund an attorney to move on to the next phase.

I am hoping that TSA will see I am not remotely a security threat and agree with the FAA that I can fly.

Any suggestions other than get another lawyer? Working on that one.

Thanks to all my my pilot brothers and sisters out there. I took a pretty bad hit on this one and I just want to get back in the cockpit again.


rickair7777
09-04-2014, 01:56 PM
You're really going to need a lawyer to go further with this. At first glance it seems like expungement is your ONLY option, since there are certainly no "waivers" or appeal of any sort for that particular federal code.

I suspect your options are wait ten years, or try to get it expunged. If your case was as you say overkill, then an expungement might be in the cards. But again you need the right kind of lawyer.

galaxy flyer
09-05-2014, 04:51 PM
While you need a lawyer specializing in these cases, what's the other side of the story? If resignation was commonly accepted to discharge the falsification issue, why not here?

GF