Legal issues
I have a friend, that was given a withheld judgement for a felony charge. If he successfully completes his probation. The charges will be dismissed.
He has asked me if I know is it completely out of the question for him to become an airline pilot? I know part of the ATP is to have good moral values. I told him I would look into it for him. Any feedback would be great. Such as the airlines background check process, and how far back they look, etc. Thank and happy flying! |
And by friend you mean you :)
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Never believed in practicing law without a license. That said your friend should, once again, seek legal council.
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No, not for me.
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Originally Posted by ccstemberg
(Post 1725963)
I have a friend, that was given a withheld judgement for a felony charge. If he successfully completes his probation. The charges will be dismissed.
He has asked me if I know is it completely out of the question for him to become an airline pilot? I know part of the ATP is to have good moral values. If this is some sort of pre-trial thing it should not affect one's ability to hold an ATP or pilot cert. It might affect your ability to hold a medical if it was substance related like a DUI. Also actual criminal convictions could cause the FAA to deny a medical based on psychiatric grounds, but I doubt anything short of felony conviction(s) for intentional crimes would trigger that, ie theft, fraud, violence, etc.
Originally Posted by ccstemberg
(Post 1725963)
Such as the airlines background check process, and how far back they look, etc.
Also the TSA has certain standards, but you would need actual convictions to have an issue there. Their rules are straightforward. Lawyer advice is usually a great idea, but in aviation you have to be careful...if you talk to a generic labor lawyer he may tell you that you don't have to report certain things and that employers will never find out. Unfortunately the usual rules do not all seem to apply precisely to airlines, and sometimes airlines might bend the rules to avoid hiring someone with "issues". If you talk to a lawyer about employment issues, make sure they have airline experience. |
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. |
I neglected to mention another concern for convicted felons: entry into Canada. Since many airline pilots need to be able to fly freely into Canada, this becomes an issue for the employer to consider. I don’t know of any other countries that have a law as particular as Canada.
Where the issue arises most often these days is due to prior convictions for DUI in the states which is more harshly punished in Canada. I posted this info on another thread about DUI’s related to flying, but it certainly also applies in this situation. History: After 9/11, the Canadian Parliament wrote legislation that would restrict the entry of people into Canada that might pose a threat to society. Besides terrorists and people who might be a health risk to the public or financial burden to the state, it includes a clause related to past criminal activity. The way the wording is written, even a single DUI that is a misdemeanor in the U.S. could be reason for denial or entry. Certainly, I would imagine that many offenses that are felonies in the U.S. would also apply. The law was called the Immigration and Refugee Protection Act and went into effect on January 1, 2003. The specific paragraph of the law is in Division 4 (Inadmissibility), Paragraph 36 (Serious Criminality). It reads: Serious criminality
(2) A foreign national is inadmissible on grounds of criminality for
(3) The following provisions govern subsections (1) and (2):
You will need to fill out the Temporary Resident Permit (TRP) application (IMM Form 5257) and process it before traveling to Canada. It can take up to six months to process a TRP. A TRP application is only valid for ONE YEAR, so if you go this route, you will need to keep applying for a new permit every year. It's not the best solution for a professional pilot who needs regular uninhibited access in and out of Canada. However, if your offense (and any probationary period) is less than five years old, this is the ONLY way to obtain permission for entry. The law adversely affected Canadian tourism. Consequently, on March 1, 2012 Canada issued a new policy which may allow U.S. travelers into the country despite having a criminal conviction on their record. The policy was implemented as part of Canada‘s “Tourism Facilitation Action Plan” (TFAP). Under the new policy, U.S. citizens traveling to Canada MAY be allowed across the border if:
Customs and Immigrations officers have access to U.S. criminal databases, so your passport will likely flag your identity if you have criminal issues. Lying on the TRP application may cause you to get barred from entry into Canada for a very long time. (See Paragraph 40 of the act – Misrepresentation.) From the Canadian government website, "a temporary resident permit lets you enter or stay in Canada if:
Customs and Immigration will review the application and make a determination based on:
"You can apply for individual rehabilitation to enter Canada. The Minister, or their delegate, may decide to grant it or not. To apply, you must:
http://www.cic.gc.ca/english/pdf/kit...s/IMM1444E.pdf http://www.cic.gc.ca/english/pdf/kit...s/IMM5507E.pdf http://www.cic.gc.ca/english/pdf/kit...s/IMM5310B.pdf Obtaining a Police Certificate: How to obtain a police certificate - United States There are Canadian Visa offices in the U.S as well as regional Consulate offices. Either or both of them may be helpful in answering questions, obtaining the required documentation, and processing forms. (Consulate Offices are in Atlanta, Boston, Chicago, Dallas, Denver, Detroit, Houston, Los Angeles, Miami, Minneapolis, New York, Philadelphia, Raleigh, San Diego, San Francisco, Seattle, and Washington DC.) Canadian Consulates in the United States » ezbordercrossing.com There are even more Visa application offices. See this link for more information. Find your closest visa application centre |
The final hurdle I see for your friend, besides
(1)avoiding elimination on the ATP application for moral character, (2) passing the FAR 107.209d requirement for SIDA access, and (3) dealing with the Canadian travel issue ... would be whatever Human Resources / Employee Policies are in effect with a given employer. Some companies are pretty strict about past criminal activity. Most write their policies very strictly but may not be so strict in application to a given situation. It gives them some flexibility. I think a lot of them, however, are willing to overlook an offense depending on what it was, when it occurred, if the person is HONEST about it, and if he appears to have learned from his errors and chosen a different direction for his life. He just needs to realize that regardless of whatever career track he pursues (airline or other), that his past mistakes may continue to haunt him for a long time as part of the consequences of his bad choices. Eventually, he can recover from it but it will take years of good behavior to demonstrate that he has changed. Maintaining a positive attitude about it may be difficult but is critical so that when the topic comes up it can be dealt with in a constructive way. |
Originally Posted by ccstemberg
(Post 1725963)
I have a friend, that was given a withheld judgement for a felony charge. If he successfully completes his probation. The charges will be dismissed.
He has asked me if I know is it completely out of the question for him to become an airline pilot? I know part of the ATP is to have good moral values. I told him I would look into it for him. Any feedback would be great. Such as the airlines background check process, and how far back they look, etc. Thank and happy flying! |
Even without a conviction, a record will exist of the arrest as entered into the national crime information computer, and will come up during a background check.
I know an individual flying international 121 that shot someone. I know others with various convictions. These are not necessarily show stoppers, but one would be very remiss not addressing the matter with legal counsel. If your friend is involved with AOPA, a legal plan exists for a very low amount which provides some relief in locating and obtaining counsel no such matters. Fifty bucks or so to joint, then about a hundred bucks a year for the professional level of the legal plan. Very well worth it, especially after AOPA increased the scope of the coverage several years ago. |
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