I got a "receiving stolen property under $300" 3 months after I turned 18 and it was dismissed. That was now more than 4 years ago. Does this disqualify me from getting a job with a regional airline. Should I attempt to get this expunged?

 

Here's the list of TSA disqualifiers:

Background Check Info

These are federal rules, and are not waiverable. Theft counts, but only if it's a felony. After ten years, it will no longer be disqualifying.

These rules apply to all airport employees with access to flight ops areas, including pilots.

However...IMO airlines are pretty much not going to hire a pilot who has a theft conviction after age 18. The only chance I would see would be after at LEAST 15 years with a squeeky-clean record.

Even if you get it expunged, there's no guarantee that the airlines won't see it in the FBI database.

I would not invest time and money pursuing an airline career with that on your record. You could go after part 91/135 corporate or charter flying although some operators will not be able to hire you for ten years due to the TSA requirement (depends on what airports they serve). Some 91/135 operators (the best ones) will probably not like the heft conviction but you could probably find a job somewhere.

 

What if it is dismissed?

 

The general consensus around here is that nothing will remove it entirely from the FBI database. For national security purposes they WANT to know what you did in the past...they don't want people to be able to pretend it never happened.

I'm not sure how it can be dismissed after the fact. Were you actually convicted?

You should probably talk to a lawyer. Your only hope with the airlines is to get it buried as deeply as possible and then maybe hope that whatever shows up in the FBI data does not hang you.

I don't think there is any possible fix for this, but you should ask a lawyer. Be aware that most lawyers are NOT aware of how airlines can access federal records which other employers cannot. Getting it expunged will probably work for most employers, just not airlines and certain government agencies.

There are thousands of careers available for someone who made one mistake like that...but the airlines is probably not one of them (at least for a long time). It would be different if you gut busted for something harmless like drunk/urinating in public.

 

It is dismissed, I dont know how they could hold it against me if the charge is dismissed and the charge was only a misdemeanor so I doubt it would be reported to the FBI and say something other than dismissed...

 

Well that's a whole different thing. If you were arrested, charged, but it was dismissed then that does not affect you with the TSA at all. You are in the clear.

The airlines might see something in the FBI database, but unless they ask if you have ever been arrested you should be OK. They may not see any details of the charge, but they may see that it happened.

Sorry about the confusion, you gave me the impression that you had a conviction.

Worst case, an airline asks about arrests. In that case you should probably be honest, but the airline will probably not have access to any details to verify what you tell them.

 

I agree with Rick7777. Having a arrest record is one thing, but a actually conviction is the killer. Everyone made mistakes, some ppl just didn't and/or don't get caught. It seems to be alot of termnology in the judicial system that deals with what is or not a conviction. I guess there's a big difference in having a arrest & charges versus having a conviction.

 

I would hope so. It would be a shame if a person was at the wrong place at the wrong time when a robbery occurred (or worse) and a person got arrested for being a suspect. Next day the person comes in and confesses and the original person was set free. Have they been arrested ever? Yes. Did they do anything wrong or were they convicted? No. It would be terrible if simply being arrested would eliminate a person from being selected.

 

but don't they give you an opportunity to explain on the application????

 

In the past some airlines may have considered "arrested but not charged" to mean "probably guilty but not enough evidence". They don't want to take a chance, or do a lot of research.

The process is geared towards the airline not making a mistake...it is not intended to be fair to the applicants. The best applicant for some airlines is going to be squeeky clean in all things in and out of aviation. Does the guarantee that they will be the best pilots and employees? Of course not. But it guarantees that the people doing the hiring cannot be second-guessed if something happens down the line. Also any "color" in a person's background is ammunition for plaintiff's attornies in the event of an accident.

I think the process has gotten a lot fairer in the last decade or so, but you never know.