DUI no conviction
#21
HIPAA probably prevents federal agencies from sharing or searching health records willy-nilly with no probable cause.
But there's no such proscription for FINANCIAL records.
So the FAA has arranged cross-checks with VA and SSA to match pilots who are getting federal disability payments. Then the FAA simply reviews your medical application to verify that you reported disability income. Box 18(y) was added to the form in the recent past, and there's a reason for that.
If you check "no" on 18(y) but are in receipt of disability income they now have probable cause for DOJ to investigate you for falsifying your 8500... they (DOJ) can get all your medical records at that point. Easy-peasy. They bagged a bunch of SSA disability recipients as well as some vets recently.
They could presumably do the same with state disability.
If you have an incident/accident then they would also be able to access health records as part of the investigation.
It's kind of like cheating on your taxes, "no big deal, everybody does it"... until you get on their radar and then it is a big deal.
#22
Government does NOT like being lied to, across the spectrum from signing paperwork to be interviewed by a Federal officer, even not under oath. They’ll tolerate a lot, like illegals, but not fraud on the state. Look at the new rule about shutting orf ADS-B or transponder in efforts to hide an error, even if their wasn’t a violation.
#23
Gets Weekends Off
Joined APC: Jul 2021
Posts: 138
Government does NOT like being lied to, across the spectrum from signing paperwork to be interviewed by a Federal officer, even not under oath. They’ll tolerate a lot, like illegals, but not fraud on the state. Look at the new rule about shutting orf ADS-B or transponder in efforts to hide an error, even if their wasn’t a violation.
#24
In a land of unicorns
Joined APC: Apr 2014
Position: Whale FO
Posts: 6,469
Not too bad I guess, Delta just hired a pilot who had an emergency revocation a few years ago for falsifying information.
#25
#27
Line Holder
Joined APC: Nov 2022
Posts: 31
I am in the process of expunging an old DUI arrest that I got the judge to throw out. The waiver for the expunction form stated that is could/might still show up on a federal background check. Do airlines utilize a federal background check or a third party? Will this show up in my application process for part 121 flying? Im thinking they will see it and it will be an issue with hiring. I am trying to get a feel for how to navigate this moving forward. Strangely my AME did not ask me anything when applying for my 1st class medical. Any help greatly appreciated...
#28
New Hire
Thread Starter
Joined APC: Sep 2020
Posts: 3
Having sorted everything out I would like to update my thread in case it will be of use to anyone in the future. I filled out my original 8500 when I was a student pilot and should have been more thorough. I mistook the form to say arrested AND convicted, not either or. Since there was no conviction, I checked no. Recently I was reapplying and read the form more carefully. Realizing my mistake I immediately sent in the admission form to the FAA and spoke to my AME. He issued me a new first class medical, we updated the 8500 to reflect my circumstances, and about two weeks later I got a letter from the FAA saying next time read the form more carefully. The FAA made the point of saying the DUI happened before I was certificated, which may have something to do with how lightly they responded. Moving forward I plan to hire a professional interview coach and beef up my resume with some community related events to try and minimize the impact this is going to have on hiring.
#29
Glad to hear they were reasonable about it. It is a known fact that they tend to be less stringent with issues which occur *before* you became a pilot.
A certificated and active pilot might have gotten into some hot water in your situation, although it is a pretty easy mistake to make the way the form is written.
A certificated and active pilot might have gotten into some hot water in your situation, although it is a pretty easy mistake to make the way the form is written.
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