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FAA Letter of Investigation

Old 11-01-2019, 01:22 PM
  #21  
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So I’m assuming you request from the FAA on that website? Or are there other agencies you should request from?


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Old 11-03-2019, 05:35 AM
  #22  
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Originally Posted by rickair7777 View Post

You can and should also check the PRD, but that is NOT accurate yet, it's still in deveopment.
I can 100% guarantee you my LOI is not in there.
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Old 11-03-2019, 06:44 AM
  #23  
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Originally Posted by Bruno82 View Post
So I’m assuming you request from the FAA on that website? Or are there other agencies you should request from?


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I think the FAA has instructions on their website.

Also FBI. FOIA/Privacy Act request.
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Old 12-21-2019, 07:20 AM
  #24  
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Disclaimer: I'm not an attorney nor can any advice on here be taken as anything but an uneducated opinion.

Expungement: Physically destroyed. No record remains after an expungement.
Sealed: Record is sealed but retained. Can be accessed only with a court order.

Unless a document is provided by a court or agency after an expungement or sealing that states you may now state said action never happened, then I would advise disclosing it. The FAA is an administrative agency so falls outside of the protections afforded under the criminal justice system. Unless you received a written notice stating that you "may properly reply to a question into the matter that no such record exists", it would be wise to disclose it?

You can conduct a pretty exhaustive background check on yourself, fairly easily. Fingerprints through an FBI channeller will get you the criminal history records. The NDR will provide records of serious driving infractions. A query of each states DMV's will provide a detailed driving record going back 10 years. I'd imagine someone who went to court would remember which state/jurisdiction the court was in, and is able to query those records as well. I have no criminal or driving history, but still conducted a thorough check on myself, overall cost about $100. The agencies aren't perfect and mistakes can be made. I'd prefer any issues or errors not show up on Indoc Day 2.
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Old 12-21-2019, 09:00 AM
  #25  
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Originally Posted by WookieOnGuard View Post
Disclaimer: I'm not an attorney nor can any advice on here be taken as anything but an uneducated opinion.

Expungement: Physically destroyed. No record remains after an expungement.
Sealed: Record is sealed but retained. Can be accessed only with a court order.

Unless a document is provided by a court or agency after an expungement or sealing that states you may now state said action never happened, then I would advise disclosing it. The FAA is an administrative agency so falls outside of the protections afforded under the criminal justice system. Unless you received a written notice stating that you "may properly reply to a question into the matter that no such record exists", it would be wise to disclose it?

You can conduct a pretty exhaustive background check on yourself, fairly easily. Fingerprints through an FBI channeller will get you the criminal history records. The NDR will provide records of serious driving infractions. A query of each states DMV's will provide a detailed driving record going back 10 years. I'd imagine someone who went to court would remember which state/jurisdiction the court was in, and is able to query those records as well. I have no criminal or driving history, but still conducted a thorough check on myself, overall cost about $100. The agencies aren't perfect and mistakes can be made. I'd prefer any issues or errors not show up on Indoc Day 2.

Maybe in theory.


The reality... the FBI database is NOT a public record, it is a national security database and can contain info such as arrests, in addition to convictions. Because it is for national security, it may not (likely does not) expunge everything. The fed can keep it's own records is certainly not obligated to delete such records just because a state/local jurisdiction did.

Even the state/local jurisdiction expunges something that does not mean that it was done properly, and all duplicate data systems also complied.

Also, once it's a matter of public record, anyone can copy and retain such records for any purpose they like, and there are companies that do that. Laws which might restrict the use of such data will vary wildly by jurisdiction, and airline employers usually keep their HQ's in business-friendly locales. So what you think would be your rights in a blue state may not exist at all if you're apply to an airline with a HQ in TX (as a noob, your employment location will always be company HQ until assigned a base and released to the line).

Because of the multi-state nature of our industry, the involvement of the fed, and the need for national security screening (which has fewer civil-rights restrictions) it's basically very hard to know the definitive answer on this stuff. If it were me, I'd be conservative and probably disclose anything which they ask for.

Be careful getting advice from a local-yokel lawyer, the stock answer he gives you would be correct for a fast-food employee but may put you in a world of hurt. I'd talk to an experienced aviation employment attorney if you really have a significant background issue. For really minor legal issue, if it were me I'd just disclose it, they like honesty... you'd probably gain more credibility for honesty and lesson learned than you'd lose from the incident itself.
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