FAA medical division pursuing DISMISSED DWI
#11
Gets Weekends Off
Joined APC: Sep 2006
Posts: 926
The only records that are available are the limited copies I have that I stated in my original post though, if the other records haven't been destroyed they're going against a court agreement to do so. Even if they haven't destroyed them yet they aren't available to anyone, even the FAA.
#12
On Reserve
Thread Starter
Joined APC: Aug 2015
Posts: 13
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.
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.
#13
On Reserve
Thread Starter
Joined APC: Aug 2015
Posts: 13
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.
Last edited by CHADsterss; 08-13-2015 at 06:49 PM.
#14
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.
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.
#16
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.
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.
Just my .02 with a story attached for illustration.
RadialGal
#17
#18
On Reserve
Joined APC: Feb 2014
Posts: 14
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?
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?
#19
On Reserve
Thread Starter
Joined APC: Aug 2015
Posts: 13
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.
#20
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
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
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