Background checks and First Offender Act
05-19-2019, 04:18 PM
#1
New Hire
Thread Starter
Joined APC: May 2019
Posts: 2
Background checks and First Offender Act
Hello all,
New to the forum and all that jazz. Hope everyone is well.
I have a few questions and figured this might be the best place to get some advice. So, in 2015, I had an incident that stuck me with felony probation for 5 years. For specifics, I'll say that it was interstate interference of custody and it happened when I was 18. I plead under the First Offender Act here in GA. After my probation is completed next year, my record is supposed to be sealed and I will NOT be a convicted felon. Life should continue as normal.
Will airlines be able to see that if I were to apply to be a pilot? Are their background checks that in depth? Will they consider me even after I get off probation? Can I get unescorted access afterwards? Should I abandon all hope and go for something else entirely?
I read a post that said the TSA doesn't consider it a conviction if you complete a first offender program but hey, figured I'd ask a few more questions to make sure I'm not wasting time or anything like that.
I really appreciate any advice y'all have to offer.
New to the forum and all that jazz. Hope everyone is well.
I have a few questions and figured this might be the best place to get some advice. So, in 2015, I had an incident that stuck me with felony probation for 5 years. For specifics, I'll say that it was interstate interference of custody and it happened when I was 18. I plead under the First Offender Act here in GA. After my probation is completed next year, my record is supposed to be sealed and I will NOT be a convicted felon. Life should continue as normal.
Will airlines be able to see that if I were to apply to be a pilot? Are their background checks that in depth? Will they consider me even after I get off probation? Can I get unescorted access afterwards? Should I abandon all hope and go for something else entirely?
I read a post that said the TSA doesn't consider it a conviction if you complete a first offender program but hey, figured I'd ask a few more questions to make sure I'm not wasting time or anything like that.
I really appreciate any advice y'all have to offer.
05-20-2019, 03:19 AM
#3
New Hire
Thread Starter
Joined APC: May 2019
Posts: 2
Well, I won't have a conviction on my record. An arrest, yeah I guess I will have that on there. So is this something I should not put all my time and money into? I'd hate to get down the road and be turned down because of that.
05-20-2019, 03:32 AM
#4
All is fine at .79
Joined APC: Sep 2016
Position: Paahlot
Posts: 4,083
Consider that you’ll always be up against a dozen, couple of hundred or a couple of thousand other applicants ( depending on the job you’re applying for) that do not have this in their background.
You should probably consult an attorney who is very familiar with aviation and the possible ramifications of what occurred.
You should probably consult an attorney who is very familiar with aviation and the possible ramifications of what occurred.
05-20-2019, 06:55 AM
#5
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,023
In the meantime, do this: visit your local department or sheriff's office; one or the other can usually run a criminal history, NCIC, and III and wants/warrants checks for you; the specifics vary depending on your state bureau of investigation and local procedure.
When expunged locally, it usually has no impact on a federal check. This is to say, whatever your state or local jurisdiction does (city or county), will not change what's recorded on the national crime information computer database.
I've spent a lot of time running checks on various systems, including criminal history, background investigation, etc. It may surprise a lot of people just how much information, and just how far back, that record goes. When someone is arrested, ticketed, or even a suspect in a crime, or person of interest, if the agency performing that action elects to upload to NCIC (the national database), it remains there as a permanent record, regardless of action elsewhere.
You have a right to see your own record (criminal history or "III" record), but not someone else's without either their authorization or a specific authority. When you accept employment with a certificate holder (airline, charter, etc) you'll be asked to sign documents giving authority to look at your background information ranging from personal credit history to criminal history, driving record, and so on. What you think is expunged at the local level or state level may very well appear. Order your own record now and order it later after you think it's been "expunged" (it usually costs a few bucks and can be done locally, or at your state bureau of criminal investigation level (usually a division of the state police). The state law in George covering this is PL 92-544. See what's on the record and criminal history: see what's been uploaded.
As others have noted, most airline applications will ask if you've ever been arrested or convicted. An incorrect answer to either, or in other words a lie, will always be grounds for termination. Companies that operate internationally, even as far as Canada, may be unable to use you with a criminal history because some countries will not allow you to cross their border with that (Canada, with a DUI, for example).
As above, where legal questions are concerned, consultation with an attorney is always your best course.
When expunged locally, it usually has no impact on a federal check. This is to say, whatever your state or local jurisdiction does (city or county), will not change what's recorded on the national crime information computer database.
I've spent a lot of time running checks on various systems, including criminal history, background investigation, etc. It may surprise a lot of people just how much information, and just how far back, that record goes. When someone is arrested, ticketed, or even a suspect in a crime, or person of interest, if the agency performing that action elects to upload to NCIC (the national database), it remains there as a permanent record, regardless of action elsewhere.
You have a right to see your own record (criminal history or "III" record), but not someone else's without either their authorization or a specific authority. When you accept employment with a certificate holder (airline, charter, etc) you'll be asked to sign documents giving authority to look at your background information ranging from personal credit history to criminal history, driving record, and so on. What you think is expunged at the local level or state level may very well appear. Order your own record now and order it later after you think it's been "expunged" (it usually costs a few bucks and can be done locally, or at your state bureau of criminal investigation level (usually a division of the state police). The state law in George covering this is PL 92-544. See what's on the record and criminal history: see what's been uploaded.
As others have noted, most airline applications will ask if you've ever been arrested or convicted. An incorrect answer to either, or in other words a lie, will always be grounds for termination. Companies that operate internationally, even as far as Canada, may be unable to use you with a criminal history because some countries will not allow you to cross their border with that (Canada, with a DUI, for example).
As above, where legal questions are concerned, consultation with an attorney is always your best course.
