Expungement will not absolutely keep the airlines or TSA from finding out but it can help you get a job.

Airlines are always have in mind how you are going to look in the media after a major accident. "Captain of fatal crash was ex-con, had multiple DUI's, had extensive criminal record, etc, etc"

In such circumstances the media will take any little tidbit and make it into the biggest mountain they possibly can...scandal sells, in a big way. But there's a good chance that the media won't find out about an expunged criminal record....even though the airline knows they sure as hell aren't going to say anything if you are lying in the bottom of a smoking hole.

 

I'm interested in the expungement issue. Utah law says:

If an agency does not receive the expungement order, they are not required to seal their records. A government agency that has received an expungement order will respond to an inquiry as though that arrest or conviction did not occur. A person who has had records expunged may respond to an inquiry as though that arrest or conviction did not occur. The order to seal records applies only to government agencies. Other records, such as news accounts of an arrest or conviction, are not affected.

After a record is expunged, an agency's sealed records can still be viewed and copied by some government officials, and the court can order the records unsealed under some conditions.

My question is how are airlines able to get records that should be viewed only by government agencies? Can you respond as if the event never happened?

When is an expungement not an expungement?

Sorry for the thread drift, folks.

 

The fallacy here is that this UT law, which is STATE law. FEDERAL law ALWAYS prevails over state law.

The potential problem is that arrests and convictions which get reported to the FBI database and are subsequently expunged at the state level don't get expunged by the FBI.

1) They are feds, and states can't tell them what to do.
2) Their database is used for national security and intelligence purposes so they don't ever want to erase any information. Since they don't have to, better assume that they don't.

Now not every Tom, Dick, and Harry can access the FBI database, but airlines are special. They actually do have access since they have to ensure they are not hiring people with TSA disqualifying backgrounds.

So worst case what happens is the airline gets to look at the Db, and they see something you did not report...their assumption is that you lied so they don't hire you.

It's possible some airlines might try to comply with state law and "pretend" they didn't see something in the FBI database but this is such a special situation that there's probably nobody interested in enforcing it. No prosecutor wants to make headlines because he's trying to force airlines to hire ex-cons. It's just a weird situation, and unless you work in an airline's HR it's hard to say exactly how they would deal with this.

 

I guess the feds forgot about the 10th amendment a while back.

 

Federal legal supremacy is included in the base document of the constitution. The 10th came later (amendment, duh) and says that those powers not specifically designated to the union by the constitution are assumed to be held by the states.

In this case legal supremacy was already assigned to the fed by the constitution, and the 10th specifically did not alter that.

 

I agree with this post 100% and then some. I have some "unpleasantries" in my past. I was completely honest...told the WHOLE story and got hired. You might want to point out what you have learned from all this too.

Best of luck!!

 

Absolutely!

Thanks again.

 

Denver,
I just got off the phone with Daniel Levi who's an attorney who handles Canadian clearance issues. He mentioned that if your record was expunged that all you would need is a letter from him and you'll be fine. Even if it has not been expunged but at least 5 years have passed, then you would need a similar letter. The downside is the it will cost about $750. Call him if you have any questions. 1 (888) 947-9445. I hope this helps

 

From what I understand it says "w/n the last 10 years have you been convicted of..." I got to say NO to all of it on the application. None of my "transgressions" are on that list of offenses. The list contains things like treason and armed robbery and extortion. I think I am good unless I decide to join the mob and then get caught. But thanks for checking into that, I really appreciate it.

 

An expungement through the court process removes ALL history of conviction/arrest/nole pross/withdrawn evidence from your record once it is approved. All states are required to process the court order through all reporting agencies.

FBI through State/Local.

Trust me.