mullan27

while you guys are on it, i'm looking to start training soon, my question is that i was convicted of a misdemeanor in 1993. I got into a fistfight in the street with another lad and ended up getting a summons. I just plead guilty because it was easier (and less costly) than trying to fight it, paid $100 and went on my way. This being almost 16 years ago now, do i still have to report it? And if yes, would this disqualify me from recieving a medical? Finally, what documentation will the FAA want me to produce in reference to this?
Thank you in advance for any help/insight.

rickair7777

I'm on the road and don't have a medical form handy to look at.

But I would take it at face value, verbatim...

If it says report misdemeanors, better do so unless it specifies a time limit (such as 5 or 10 years).

The FAA looks at criminal history for two reasons I think...

1. An ATP (airline captain) must be of "good moral character", so it's possible that they could deny a first class medical (which is legally required only for an airline captain).

2. Significant criminal history may be indicative of mental health issues or anti-social attitudes, which for obvious reasons are not very compatible with flying.

3. Substance abuse often leads to a criminal record, and obviously theyy want to know if you are a drunk or addict so they can deny your medical.


However...there is a difference between deliberate premeditated criminal behavior and youthful indiscretions. In your case the FAA will probably not consider this to be a moral character or mental health issue, especially since it was so long ago and you haven't had any other legal problems (I assume).

They will want to know if booze of drugs was involved and, if so, they will look into to whether you currently have a problem. I suspect that will be the end of it. they don't rreally cae if you got into a little trouble, they just want to make sure that it's not a warning flag for underlying issues. Again, time is on your side and there is no rule that getting in a little trouble will disqualify you.

For documentation, I assume they will want the jurisdiction and case number so they can research it themselves. The AME (or the FAA office in OKC) may want an explanation of what happened, possibly in writing.

I you have any concerns, you may want to contact a lawyer who specializes in general aviation issues before you attempt to get a medical.

rotorhead1026

Literally, "no felony convictions", although many have gotten around this (no, I didn't have to ). Not an issue for Mullan.

Oh, yeah, a guy who interviewed with me at Piedmont (a loooong time ago) had such a misdemeanor. He obviously had a license and medical. He had also mentioned it on his job application. All the pilot board was interested in was "who won the fight".

And he got hired - was in my new-hire class.

atpwannabe

No, it wouldn't. Just be prepared to go through a psychological & psychiatric evaluation. The cost of both will run you in the area of approximately 2K-3K. Your case will be reviewed by a Dr's Chesanow & Barry, both are Cheif Psychiatrist for the FAA. Then it will go to an outside consultant, then back to the FAA Aerospace Medicine Dept for final signing off by Dr. Tilton....the Federal Air Surgeon for the FAA.

Trust me....I know the process all to well.

atp

rotorhead1026

Well, anything's possible and I'm no expert, but a sixteen year-old misdemeanor? Hmmm. Big waste of everybody's time and money, but Uncle has unlimited quantities of both.

Okay, ahem, no offense, but how does this ...

reconcile with this ...

atpwannabe

I'm going through the process that I just described. Being actually awarded my 1st Class Medical has been postponed another 30-60 days b/c it has to be signed off by an outside consultant, then be signed off by Dr. Tilton. I had some issues that raised some eyebrows, however, I'm certain, according to an assistant in the Aerospace Medicine Office in DC that my medical is coming and that this is the process that must be followed. I've waited 25-30 years for this opportunity....what's another 30-60 days.

You asked how do this reconcile with my signature....it's call maturity....growing up in my thoughts, words and deeds.


atp

hspilot23

what if the misdemeanors or felonies are on a juvenile record? would you still have to report them to the FAA? like, say, if I was 15 years old when i vandalized property and got a felony (it just so happened to be government property... oops.)

rickair7777

Probably. The government wants to know if it ever happened, they don't care if it was expunged or a long time ago. Once they have the facts they will decide what to do about...in your case it will probably not be an issue as long as it years ago and you have a clean record subsequently.

hspilot23

Yes, I do.

The district attorney told me that if he never saw my name again before I was the age 18 that he "would let [my record] slip between the cracks" and that "i would never have to mention it to anyone, ever". I know there are laws that say once you turn 18 you have a fresh start, and that anything you do prior to that age does not have to be disclosed on any form, interview, discussion, etc... So I should probably talk to an aviation lawyer to see what I should do. I don't want to attract any attention from anyone unless I absolutely have to.

rickair7777

Those laws do not apply to the FBI. It's a grey area with the airlines, but they can get away with it because they are required by federal law to get your background from the FBI. It would be nice if the FBI "filtered" the data they provide to the airlines so that it only showed those incidents which are relevant to the TSA-mandated requirements but I don't think they do.

So the airlines at least get an "honesty check" on you, and even if you are honest it's possible they could decide to not hire based on something in your background which would not have disqualified you per TSA rules. Like a serious crime 11 years ago...honestly I wouldn't want a robber, arsonist, burglar in my cockpit regardless of how long ago it was.

There is also the question of did your juvenile issue get reported to the FBI? I don't know the exact rules, minor juvie crimes and arrests might not get reported. You can get a copy of your FBI background report...it would include basic criminal history, so you might want to do that. Obviously it would not include those wiretap transcripts of your satellite phone calls to pakistan