Hiring Post Revocation
 

I'm in the process of regaining my certificates after a revocation several years back. Trying to determine what my long term job prospects would be, and would appreciate some input.

Summary
- 2004 at age 21 received and was convicted of DUI while flight training (not while flying).
- 2005 Judgement of guilt was set aside (states version of an expungement)
- I took a hiatus and student loans came due - so went down the regular 9-5 career path for several years.
- 2011 I was finally ready to get back in the saddle. Go and take my medical. Confirmed prior with my attorney since 'expunged' no need to list/disclose. Within 60days or so I get an emergency order of revocation, for 'lying' on the medical. Essentially their position was we are federal and not bound by the states rules, and because it appeared on their check, regardless of documentation - I was guilty. They issued a 1 year revocation as penalty.

- 2018 I'm back to flying. I don't have any specific hour requirements, just have to regain my profeciency and go back through each checkride. I'm about ready for the 1st (with aprx 10hrs) So the cost shouldn't be to much of an issue, just want to get an idea of what my prospects would be if I were to regain them all.

Aprx hrs.
Total time - 300hr
Mult time - 100hrs
Instrument - 40hrs
Cross Country - 125hrs

THIS IS VERY IMPORTANT! Two big takeaways...

1. This is not just "their position", this is very well established constitutional law! In some cases the Fed may honor a state expungement, but they don't have to. It's pretty dangerous to assume they will. Federal law and processes are different and separate from state laws and processes... there's never any assumed connection, unless specified in a law.

When filling out a federal form, ALWAYS read and answer the question LITERALLY. If you think you have an alibi on that, talk to a lawyer, but not just any lawyer....

2. Lawyers who lack specific expertise in aviation employment can give bad advice! Not the first time I've heard of this...

For the OP... do a FOIA request to obtain your entire FAA record. I'm not sure what records are retained relative to a revocation, but you'll want to see what they have.

The bad news: You got a DUI.
The good news: It was expunged, and it was a while ago. That will help.

While a revocation is bad, and will delay your getting an interview call at a major simply because you checked the box, the good news is that it sounds like you made an honest mistake, ie a lawyer gave you bad info. If you have a document showing that lawyer's opinion, or at least a bill for his services during the right time frame, that might help to overcome the revocation issue. A reasonable person would conclude that if a lawyer told you not to check the box, that you had good faith basis for doing what you did. Bear in mind the lawyer was wrong, and the what FAA did was entirely within established precedent. The fastest way for you to flunk an interview is to tell them that you were wronged because the FAA is wrong and your strip-mall lawyer is right.

Also... in addition to reporting a DUI arrest on your medical, you were supposed to report any DUI conviction/admin action to FAA security within 60 days. Did you do that? If not, you were clearly in violation.

Worth noting... the FAA medical form asks about non-traffic convictions. For that, they only want convictions. But the part that asks about DUI asks if you were ever ARRESTED. So for that, they clearly want to know if you ever had any issues associated with vehicles and substances, regardless of whether charges were filed, dropped, convicted, expunged, etc. You can get caught in this trap by having two beers with dinner, cop smells your breath, and drags you downtown. Even if you blow a 0.02 you still have to report it on your medical.

Bottom line, you should be able to get a regional job. Shoot for one with AA flow. Getting called by a major will probably be delayed (because you checked the DUI and revocation boxes). You might never get called by a good major (hence the flow recommendation). And you had better accept responsibility for your mistakes at any interview, although you can say that you got bad advice and should have selected a different type of lawyer. Again, it would help if you can document the bad advice you got.

Rick
 

I really appreciate you taking the time and putting in the efforts to provide a detailed well thought out response.

The revocation is a much bigger deal than the DUI. The DUI is ancient history at this point, and will continue to fade in significance with time. Not so with the revocation, which will be the first thing that every employer considers for the remainder of the career.

The best one can do is try. Given that the revocation was tied to to the old DUI and that it happened as a function of an inexperienced student, it will be easier to explain, but getting to the place where you're given a chance to explain will be your challenge. A lot of employers will ask if you've ever had certificate action, and once that box is checked, the conversation is over.

If you can get to a place where you're allowed to talk, or in other words, get to the interview floor, and you approach it with humility, clear evidence in your attitude that you learned and clearer evidence that you'll never do it again (learning is evidenced by a change in behavior), you'll have a shot.