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-   -   TSA background check and misdemeanors? (https://www.airlinepilotforums.com/aviation-law/63743-tsa-background-check-misdemeanors.html)

Cortez 11-29-2011 07:31 PM

TSA background check and misdemeanors?
 
Hello all! Long time reader, first time poster. I've done a search around the forum before posting, and I have somewhat of a vague idea. I know my best bet is to contact a lawyer, but I want to get opinions/advice from other people.

I live in Nevada, and I plead no contest to a lessened disorderly conduct charge and was given credit for time served. I was 18 when I was charged, just turned 19.

During my search of the forum, I came across this link

http://www.tsa.gov/assets/pdf/CHRCMay04.pdf

And I read under the "no contest" area, and none of those really applied to me. However, the misdemeanor area I believe may. I don't know where I can get access to the CHRC statute other than contacting the chief counsel. Here in Nevada, there is a waiting period of two years before a conviction can be sealed/expunged. I guess my best bet would be to wait those two years? I'll be able to use my GI bill in a few months, and I really wanted to attend a flight school. However, with the disorderly conduct, I'm not exactly sure if that would be the route to go/ pass the TSA background check until I get my case expunged? Or should I contact the chief counsel, and see if I can still pass with just the disorderly conduct? The charge is not drug/alcohol/firearm related.

Look forward to hearing from you!

rickair7777 11-30-2011 02:22 AM

Google the list of disqualifying crimes for airport access...I don't think disorderly conduct is on it. They are looking for things like weapons/drug trafficking, murder, assault, terror, etc.

I think you'll be OK with TSA, but the airlines will have a few questions about this. If it's typical youthful indiscretion you can probably explain it away.

Cortez 12-03-2011 07:46 PM

Thanks for that response! I think i'll be okay, hopefully I can get it expunged before I even have to apply for an airline. I barely have about 15hrs logged. Hopefully an honorable discharge from the air force will look good on a resume though.

Thanks again!

USMCFLYR 12-03-2011 08:36 PM


Originally Posted by Cortez (Post 1096130)
Thanks for that response! I think i'll be okay, hopefully I can get it expunged before I even have to apply for an airline. I barely have about 15hrs logged. Hopefully an honorable discharge from the air force will look good on a resume though.

Thanks again!

Cortez -

Thanks for your service.
Good luck with the airlines too.
I have one question about the comment bolded above though.
Why would a honorable discharge look good?
It should the standard to have an honorable discharge.
If you meant that military service will look good then I'd agree, but as far as discharges go - I think it would be more the case of anything other than an honorable looking EXTREMELY bad on a resume.

USMCFLYR

rickair7777 12-04-2011 04:25 AM


Originally Posted by USMCFLYR (Post 1096146)
Cortez -

Thanks for your service.
Good luck with the airlines too.
I have one question about the comment bolded above though.
Why would a honorable discharge look good?
It should the standard to have an honorable discharge.
If you meant that military service will look good then I'd agree, but as far as discharges go - I think it would be more the case of anything other than an honorable looking EXTREMELY bad on a resume.

USMCFLYR

Sort of. In the not too distant past the practice for enlisted was to give an honorable to guy a who did really well. But an average performer with maybe a minor blemish or two (typical of a teenager in a new environment) would get a general (under hon conditions). I understand since 9/11 that they have started giving honorables as the default unless you really screwed up..

Many folks who discharged back in the day are not eligible for the new GI Bill, which requires an honorable, but they can submit a form to get their general upgraded to honorable (it should be granted unless there is good reason not to).

The point is, if you run into an older guy with a general under honorable don't assume he's a dirt bag....he's probably not.

For an officer an honorable has always been assumed...anything less is fatal to your future.

Flyhayes 12-04-2011 09:34 AM

Just to make sure, is this question in regards to an uncertainty if you can start your flight training with the ding in your records, or is it in regards to your ability to get employment at an airline after your training? In the former case, as a U.S. citizen, you do not need TSA approval/screening to start your flight training. Large airports may require a background check to gain access to flight schools flight line, but this is not the case at most flight schools.


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