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Misdemeanors and Airline Pilots

Old 12-14-2018, 06:30 PM
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Question Misdemeanors and Airline Pilots

My name is Noah, I'm 18, and I just finished my first semester at Utah Valley University. The other day, I was doing stupid college BS, and was caught by cops with weed. I was charged with a class B misdemeanor for drug paraphernalia, and another class B misdemeanor for possession of controlled substance, Marijuana. This is the biggest mistake I have ever made, and am learning a lot from this. I plan on beginning my flight training at UVU this summer or maybe fall. A lawyer told me that likely since it is my first ever charge, that I could likely get one of the charges dropped, and I plea abeyance for the possession, pay some fines and take a class to try and clear my record. Yes I messed up, no it's never happening again. How might this affect my future airline career? I work hard at a decent job myself, because my parents are middle class, and flight costs are going to be tough. So will a lawyer. Any suggestions on what I should do now? Thanks in advance!!!!!
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Old 12-16-2018, 09:22 AM
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First off, try to beat the rap. Spare no expense, get it plead down, expunged, or even thrown out if you can. The kind of lawyer you need is probably going to cost $10-20K+. Too bad you weren't 17 and it was juvie.


Also too bad it happened in UT of all places (you could legally walk down the street smoking a jay in many other states). If you're going to hang out in that state you need to obey their laws...


TSA/SIDA: There is a list of crimes which disqualify you from access to airport secure areas. I fairly certain that misd. drug possession is not on the list, but you need to make sure. You can google that (49 CFR 1542.209).


FAA Medical: Do you have a medical yet? These questions on the medical application may apply:
18(v). Even with no vehicle involvement you may have to answer yes to this IF your plea agreement results in "attendance at an educational or a rehabilitation program". The FAA is looking for
18(y). You have to answer yes to this if you get a misdemeanor.
If you have to report this to the FAA, you may have your medical delayed, and have to get an expensive psych eval done to satisfy the FAA that you don't have a problem. I'm confident that you will get a medical based on your described background. Do not answer yes to these questions unless you have to, based on the resolution of your case. I do not think that expunged or sealed records allow you to avoid answering these questions (state/local rules don't apply to the Fed), so better to not get convicted. The FAA is looking for a pattern of behavior which could indicate personality/mental health problems, or substance abuse/addiction issues.

Airlines: Employment law improvements have changed how airlines do background screenings. Today, they will probably only ask about convictions, not arrests. You can *probably* say no to an expunged record for airlines but that might vary by state law. Also they might get to see your FBI record when they do your SIDA paperwork (to be safe assume the FBI record never gets expunged or sealed). But even if you disclose the arrest/conviction, the airlines will much prefer that you get it expunged (so the news media or lawyers can't easily dig up the fact that one of their pilots is druggy). If you're unsure about how to answer a question about arrest/conviction on an airline application, consult an employment law lawyer who practices in that state (state laws vary).

Bottom line, if you navigate all of the legal wickets correctly this should not keep you from getting a regional airline job.

The good news is that you were young and the airlines are somewhat accustomed to (and forgiving of) youthful hijinks. By the time you apply to a major this should be a pretty minor issue. But DO NOT establish a pattern of trouble, you need to avoid so much as a speeding ticket until you get your "career-destination" major airline job. I mean that literally, drive barely over the speed limit... especially in SLC if you haven't already figured that out. When I got hired at the majors my highway cruise control speed instantly increased from 72 to 79....
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Old 12-16-2018, 05:03 PM
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On the medical, question N: Substance dependence or failed drug test ever; or substance abuse or illegal drug use in the last 2 years? (the notes specifically mention marijuana)



You will have to answer yes to that question. I doubt it's really going to be an issue but your medical may take a while to get approved. As mentioned, hire the best lawyer you can and try and get this charge reduced as best you can.
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Old 12-16-2018, 05:25 PM
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Originally Posted by rickair7777 View Post
First off, try to beat the rap. Spare no expense, get it plead down, expunged, or even thrown out if you can. The kind of lawyer you need is probably going to cost $10-20K+. Too bad you weren't 17 and it was juvie.


Also too bad it happened in UT of all places (you could legally walk down the street smoking a jay in many other states). If you're going to hang out in that state you need to obey their laws...


TSA/SIDA: There is a list of crimes which disqualify you from access to airport secure areas. I fairly certain that misd. drug possession is not on the list, but you need to make sure. You can google that (49 CFR 1542.209).


FAA Medical: Do you have a medical yet? These questions on the medical application may apply:
18(v). Even with no vehicle involvement you may have to answer yes to this IF your plea agreement results in "attendance at an educational or a rehabilitation program". The FAA is looking for
18(y). You have to answer yes to this if you get a misdemeanor.
If you have to report this to the FAA, you may have your medical delayed, and have to get an expensive psych eval done to satisfy the FAA that you don't have a problem. I'm confident that you will get a medical based on your described background. Do not answer yes to these questions unless you have to, based on the resolution of your case. I do not think that expunged or sealed records allow you to avoid answering these questions (state/local rules don't apply to the Fed), so better to not get convicted. The FAA is looking for a pattern of behavior which could indicate personality/mental health problems, or substance abuse/addiction issues.

Airlines: Employment law improvements have changed how airlines do background screenings. Today, they will probably only ask about convictions, not arrests. You can *probably* say no to an expunged record for airlines but that might vary by state law. Also they might get to see your FBI record when they do your SIDA paperwork (to be safe assume the FBI record never gets expunged or sealed). But even if you disclose the arrest/conviction, the airlines will much prefer that you get it expunged (so the news media or lawyers can't easily dig up the fact that one of their pilots is druggy). If you're unsure about how to answer a question about arrest/conviction on an airline application, consult an employment law lawyer who practices in that state (state laws vary).

Bottom line, if you navigate all of the legal wickets correctly this should not keep you from getting a regional airline job.

The good news is that you were young and the airlines are somewhat accustomed to (and forgiving of) youthful hijinks. By the time you apply to a major this should be a pretty minor issue. But DO NOT establish a pattern of trouble, you need to avoid so much as a speeding ticket until you get your "career-destination" major airline job. I mean that literally, drive barely over the speed limit... especially in SLC if you haven't already figured that out. When I got hired at the majors my highway cruise control speed instantly increased from 72 to 79....
Thank you so much for this response. The most detailed one I have received since this ordeal. I'm from Cali, and being young and dumb, I didn't take the Mormon state seriously. This experience is teaching me a lot. Once again, thank you so much for the answer.
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Old 12-16-2018, 05:26 PM
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Originally Posted by viper548 View Post
On the medical, question N: Substance dependence or failed drug test ever; or substance abuse or illegal drug use in the last 2 years? (the notes specifically mention marijuana)



You will have to answer yes to that question. I doubt it's really going to be an issue but your medical may take a while to get approved. As mentioned, hire the best lawyer you can and try and get this charge reduced as best you can.
Yeah, honesty is my best policy for that. Thanks for the response!!!!
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Old 12-17-2018, 05:41 AM
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While some will try to tell you all about how to skate out from under this stupidity, you may need to realize that aviation may not be for you.

Aviation is about judgment, to which end you've demonstrated zero. A semester into your first year in an aviation program, and already arrested for drugs. Exactly the person that most want as the captain on their flight, right? Not.

Grow a brain. Get new friends. It's unfortunate to say, but you might still get a regional job, so hungry are the regionals today.

Flight costs are tough. Even harder when you're spending your money on drugs.

"I'm learning a lot" sounds a lot better as "I learned a lot" with ample time to prove it. You don't have that time behind you now. Prove it.
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Old 12-17-2018, 06:42 AM
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Originally Posted by JohnBurke View Post
While some will try to tell you all about how to skate out from under this stupidity, you may need to realize that aviation may not be for you.

Aviation is about judgment, to which end you've demonstrated zero. A semester into your first year in an aviation program, and already arrested for drugs. Exactly the person that most want as the captain on their flight, right? Not.

Grow a brain. Get new friends. It's unfortunate to say, but you might still get a regional job, so hungry are the regionals today.

Flight costs are tough. Even harder when you're spending your money on drugs.

"I'm learning a lot" sounds a lot better as "I learned a lot" with ample time to prove it. You don't have that time behind you now. Prove it.
Don’t listen to this garbage. Smoking weed/having a misdemeanor in college doesn’t make you a bad pilot. Some folks have gone on the be president of the United States after smoking weed illegally as teen and done just fine. People make mistakes. Most folks who make one mistake and are caught, usually end up a better person than the majority of people who make a similar mistake and don’t get caught. Try to get your charge expunged as best you can and get hired at a regional with a contractually guaranteed flow. Problem solved. 5 or 6 six years as a regional pilot and a couple years as PIC at the airlines says way more about you and your ability to be made of the right stuff than this past mistake. Good luck sir.
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Old 12-17-2018, 07:01 AM
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Originally Posted by mketch11 View Post
Don’t listen to this garbage. Smoking weed/having a misdemeanor in college doesn’t make you a bad pilot. Some folks have gone on the be president of the United States after smoking weed illegally as teen and done just fine. People make mistakes. Most folks who make one mistake and are caught, usually end up a better person than the majority of people who make a similar mistake and don’t get caught. Try to get your charge expunged as best you can and get hired at a regional with a contractually guaranteed flow. Problem solved. 5 or 6 six years as a regional pilot and a couple years as PIC at the airlines says way more about you and your ability to be made of the right stuff than this past mistake. Good luck sir.
It’s a typical JB reply, what do you expect? I’m not condoning the OPs behavior, but I’m not going to automatically toss him into the drug addict pile.

Get a good lawyer. I here Saul Goodman is reputable.

You’re hireable, and that’s not “unfortunate”. Honestly do learn, and not just how to not get caught. I’m willing to bet you feel like sh!t right now. Remember that. Like R777 said, don’t even speed for the next 10 years. Heck, you might want to volunteer at a place that encourages people to not do drugs. Turn the whole thing on it’s head.
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Old 12-17-2018, 09:34 AM
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You are not YET of no use except as a bad example for others, but you have likely cost yourself more money and career delay time (which in this business is also money) than you could have possibly believed when you opted to do a little weed.

Now all you can really do is put time between this episode and your intended future, time that will ultimately come from the last months or years before you retire. Time when you might have been making $30-40K a month.
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Old 12-17-2018, 11:36 AM
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Originally Posted by Excargodog View Post
You are not YET of no use except as a bad example for others, but you have likely cost yourself more money and career delay time (which in this business is also money) than you could have possibly believed when you opted to do a little weed.

Now all you can really do is put time between this episode and your intended future, time that will ultimately come from the last months or years before you retire. Time when you might have been making $30-40K a month.
I see what you are saying about the time value of massive backend career earnings, but don't you think that its safe to say by the time he's competitive for a major to begin with (8-10 yrs perhaps), that the incident will be pretty darn far in the rearview mirror as to not make much difference in lost time?

Assuming he is SQUEAKY clean going forward of course?!!

To the OP: Also bend over backwards to make sure you don't even fail any checkrides too. That combine with this incident could also make it very difficult.
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