I'm really having a hard time believing that the records in question were incinerated. I have some experience in these maters and I'll bet dollars to donuts that -at the very least- the law enforcement agency in question still has the arrest report.

 

USMCFLYR, I do apologize for coming off so defensive as I'm just stuck between a rock and a hard place due to a poor decision I made.

The case was dismissed due to "State cannot reach burden of BRD" (beyond reasonable doubt). The arresting police officer lied on the police report and lied under oath in court.

This is the first time and last time that driving while drunk will ever happen for me. I have no issues not drinking at all as I was required to while I wore a SCRAM (secure continuous remote alcohol monitoring) ankle device as I was ordered to by the judge and I had no violations. But time as passed since the entire ordeal and of course like almost anyone will have a drink or two. But not drive that's for sure lol.

And the attitude about the FAA is just my feelings because that's what it seems like, I do know this is standard protocol for them.

 

I'm just going by what I was told, they did agree to destroy it and I have the signature to prove it... But, if what you said is true then should they be required to provide it to me by request? Since it is my record after all.

My expunction agreement states:

(1) the petition for expunction filed in the above captioned cause is GRANTED, and all records of the petitioner's arrest in the above cause including all records of petitioner's prosecution for this offense are expunged; and all the release, dissemination or use of records pertaining to such arrests and prosecutions is prohibited;

(2) the respondents shall return all records and files concerning the above-specified arrest to this court, or if removal is impractical, obliterate all portions if the records or files that identify the petitioner, including all computer entries and notify the court of it's action;

(3)the respondents shall delete from their records all index references to the records and files that are subject to this expunction order;

(4) the respondent district clerk shall not permit inspection of the court records concerning this expunction proceeding by any person other than the petitioner herein or petitioners attorney, and shall obliterate all public references to this proceeding and maintain the files and all other records in an area not open to inspection;

(6) the respondent district clerk shall destroy all such files and records returned to it pursuant to this order on the first anniversary date the order for expunction was issued

So it hasn't been destroyed YET(April will be the year anniversary of the expunction), but there is no access to it.

 

Different jurisdictions may have different policies on expunction...destruction of records wouldbe rare but possible.

Please note that the FBI tracks all significant arrests and convictions and state/local expunction would NOT affect FBI records. Military, law enforcement, government and airlines can access that database so expunction probably doesn't mean what you think as far as airlines go.

 

You need to stop arguing here and work with your lawyer, in private. This is not a truly anonymous board...

 

I will second RickAir's statement. I had a good friend who had a DWI "expunged" a few years back. He spent a fortune doing so. Lo and behold, when he interviewed with Continential (like I said a while ago) they magically had the expunged report. He was more than qualified and a really great guy; but they showed him the door. A friend of his was on the hiring committee and later told him if he had admitted to the offense and showed true remorse, they would have hired him. He lied on the "arrested for" (arrested for/charged with/convicted of) section of the interview, that tanked him, not his mistake.

Just my .02 with a story attached for illustration.

RadialGal

 

Yep. Lawyer up.

 

Instead of starting a new topic I'll just ask here. I was arrested for a DWI in 2011. Mine was also eventually dismissed but it took several years for that to happen, although I was definitely drunk when I was arrested. In the mean time I decided to get out of flying and get my life back in order. I went to a treatment facility and have been active in AA since. I recently reapplied for a new medical, I thought I could live without flying but I can't. I'm sure many here feel the same. I received a letter requesting all the documentation from the incident and my recovery process. I've sent all of the requested info in.

My question is what are my chances? I've heard to seek out a HIMMS? examiner but there isn't one in my area. How long should I expect to wait and are there any other hoops I should expect to have to jump through?

 

Thanks for the responses guys, just talked to the HIMS AME I had to visit... Looks like all they want is my personal statement now and they're going to close the case. Although for some reason the HIMS AME wants to do another physical even though the 1st class medical I have now is still valid. Do y'all think this is necessary? I just don't see why lol but I'll submit to his recommendation anyways and do what he says.

 

With all due respect to the original poster, given the adjectives that you used to describe your "dilemma", trust me...a HIMS AME would not recommend that you be medically certified and that you seek treatment. Remember, these guys are trained behavioral and speech analyst. They can see past "our" BS...as you stated. Oh, yes, and btw, I did say "our".

Don't get me wrong, I hope that you retain or regain your medical and enjoy a long career. By no means, do I wish you any bad luck, however....a little humility goes a long way. JMO.


atp