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Old 08-09-2018 | 03:48 PM
  #11  
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I’ve heard of guys at certain regionals and being “blacklisted” for Canadian routes while waiting on a TRP or just picking the side of a Regional that doesn’t fly into Canada at all. I figured I’d go ahead and try obtaining the TRP from Canada here soon at the 5 year mark. After dropping almost $18K on the HIMS program, I may as well pony up a few more dollars at this point. Unfortunately, the DUI was in FL so it can not be sealed/expunged besides what’s the point if the airlines can see sealed records on a FBI background check anyways? It has been a constant uphill battle but I think it’s worth persuing since I’ve gotten this far. Hopefully there is a Regional out there that deals with this more often than they care to admit.

Last edited by ClippedWings18; 08-09-2018 at 04:04 PM.
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Old 08-09-2018 | 04:23 PM
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Originally Posted by tinman1
I would also advise setting up a consultation with an attorney in the state where these events happened to see about getting your record sealed/expunged, especially with regard to the dismissed criminal mischief charge and the reckless conviction.
I was under the impression that even if sealed or expunged they will still show up on the background check due to the security requirements in aviation?
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Old 08-09-2018 | 05:02 PM
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Originally Posted by RonWeasley
No no, you cannot just sit back and see what happens, and, in this case, you really need to be proactive. First off, a DUI is a felony conviction in Canada, no bueno. You absolutely will not be allowed into the country. You will need to enroll in their rehabilitation process, which is both lengthy, and expensive.

Second, in many states such as FL, you cannot seal/expunge a conviction, so after the rehabilitation process, you'll need to carry around paperwork, just in case CABP wants to see it. I've seen too many cases like this, even most 135 operators will show you the door, as they can't accept this type of liability.
Relax, nobody is advocating the OP to "sit back and see what happens." I was merely commenting that he shouldn't take himself out of the running because he feels bad about it. In today's hiring climate the regionals are fairly lax about these kinds of matters and it never hurts to apply, answer the questions honestly, and see what happens.

Secondly, you're right about FL. However some states (California IIRC) are able to seal/expunge certain records.

The best advice is to not take legal advice from strangers on an internet forum and instead consult with a knowledgeable attorney in your state.
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Old 08-09-2018 | 05:31 PM
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Originally Posted by deftone
I was under the impression that even if sealed or expunged they will still show up on the background check due to the security requirements in aviation?
It is all entirely circumstantial. There are instances where arrests for minor infractions and charges never make it into the FBI database. What you are required to disclose on a job application largely depends on the legal outcome and the wording of the application. Airlines cannot ask about arrests but an arrest may leave a paper trail in another database such as the NDR. The OP should really consult an attorney familiar with aviation employment matters.
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Old 08-09-2018 | 06:22 PM
  #15  
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Originally Posted by deftone
I was under the impression that even if sealed or expunged they will still show up on the background check due to the security requirements in aviation?
This is a real possibility. The exact legalities of an employer holding an expunged conviction against you are a grey area in aviation, and the rules vary by state. Whether you disclose an expunged conviction to an airline is your decision, but those of us who have been around a while suspect there's some risk in non-disclosure.

But get it expunged if you can, the airlines will definitely prefer that it's expunged.
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Old 08-12-2018 | 07:46 AM
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You can easily get a TRP for Canada, I just got mine a few weeks ago with a year old DUI. I flew into Canada, told the immigration officers my story (and had a mound of paper work), two hours later I was given a 6 month TRP, and I can keep applying to renew it.

With that being said having multiple convictions might be harder. My airline didn’t assign me Canada trips until this process was completed.
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Old 08-12-2018 | 08:00 AM
  #17  
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Originally Posted by deftone
I was under the impression that even if sealed or expunged they will still show up on the background check due to the security requirements in aviation?
I was told only DOD can see what is sealed and expunged. Is this not correct?
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Old 08-12-2018 | 08:15 AM
  #18  
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Originally Posted by ItnStln
I was told only DOD can see what is sealed and expunged. Is this not correct?
The Feds can get anything. And after the recent Horizon Q400 incident, it's only going to get worse. The next over reaction is just getting started. For individuals with squeaky clean records it will be a great opportunity. For those with blemishes, not so much.
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Old 08-12-2018 | 08:15 AM
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Originally Posted by ItnStln
I was told only DOD can see what is sealed and expunged. Is this not correct?
That may have been true before the Dept. of Homeland Security was established. It’s a 500 pound gorilla.
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Old 08-12-2018 | 03:58 PM
  #20  
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Originally Posted by ItnStln
I was told only DOD can see what is sealed and expunged. Is this not correct?
No, anyone with access to the FBI database, which is probably most of the federal government. It is believed that nothing is ever expunged from that database since it is used for national security purposes and not accessible by most employers or the public.

Expunged or sealed does not mean erased, gone forever. It's just no longer visible some public records. In some cases the record is still visible, so anyone looking knows that something was there, they just can't see what it was.
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