Become airline pilot with expunged record?

[PeterNSteinmetz]

Agreed that the exact meaning of a diversion depends on the state, and thus, whether it would count as a "conviction" which was expunged from the FAA's perspective. The OP made a number of statements which suggest that in Tennessee it may not have counted as a conviction at the time, though there is still some confusion here:

Well interestingly enough, it was a diversion...which should mean no conviction. However when I applied to a local hospital, it came back showing a conviction of theft.

Apparently the final disposition was in 2011. The charges were dropped to Theft of property 500-1000$ and the final disposition states "judicial diversion."

I did read that in Tennessee in 2014, it was ruled that if you complete a diversion program it is not legally specified as a "conviction," however that is only in the state of TN as far as I am concerned, and my diversion was in 2010.

Evidently AOPA legal counsel advised he disclose it in any case. Certainly the conservative thing to do if you don't want to be the test case. OTOH, that may have been unnecessary if in TN at the time the judicial diversion was not legally a conviction. Unfortunately, in these type of cases, there is often no clear answer.

 

[midlifeflyer]

But again, that is entirely irrelevant. People have been crucifying this guy on both forums with completely uninformed and inaccurate answers. Tennesee judicial diversion has a definite meaning and I indicated what that was.

OK, so you don't think he should not consult a lawyer in Tennessee to review the court records, but instead rely on his memory and SGOTI. And thread drift into the meaning of expunction and the different ways courts handle cases should be cut off. Fine. You made your point.

Again.

You might also contact the Tennessee State Bureau of Investigation to correct them. They seem to think diversion involves a guilty plea and an expunction.

Diversion allows a charge or charges to be diverted for an agreed upon amount of time once the defendant pleads guilty and agrees to conditions given by the judge. Once the diversionary period has been successfully completed, the charge or charges can be expunged.​

Silly of them.

 

[midlifeflyer]

For anyone still interested - the OP has apparently resolved this with professional advice - out of curiosity, I did a tiny bit of research.

There are - currently, so I don't know if applicable to the OP - two types of diversions described in the Tennessee statutes.

One is a "judicial diversion" (TCA 40-35-313), which involves a guilty plea and a post-probation/post-conviction application for expunction.

The other is a "pretrial diversion," technically a "suspended prosecution" deal with the prosecutor (TCA 40-15-10), which does not involve a guilty plea. The case is dismissed at the end of a probationary period. There can also be an expunction of that record.

It is a dual diversion system which exists in a number of states, although the details vary. Whether one, the other, or something else was used in the OP's case involves, as I and others have said, a review of the record of the case by someone who actually understands what he or she is reading is essential.

When I read the few NTSB expunction cases which exist , I could have wondered how someone could think they had an expunction when they actually didn't. I didn't really wonder because experience taught me the answer a few decades ago. This thread illustrates exactly how it could happen.

 

[thecunningone]

Okay guys so I’m circling back to this forum for an update.

I answered truthfully on my medical that I have had a felony in years past, was able to meet with my AME and had NO issues getting a first class medical. I am now currently a CFI, CFII, and MEI as well as an RN. Again, I have checked my background with the FBI fingerprint check and have come back completely clear, as well as received my carriers permit with no issues at all. So back to my original question....do you think that my past (expunged lowest level felony theft in TN) will prohibit me from getting hired at a major airline? It was 10 years ago. I fully intend to be honest if asked on an application, since I did check yes on my medical. Do you think anything will pop up on a major airline background check?

also, I plan to fill out an application of rehabilitation with Canada just to be sure. But I want to have an idea what a major airline can/will see with the TSA security background checks for pilots!

Thanks for all of your advice in advance!

 

[Tarheelpilot]

It will probably get you a job offer in management.

 

[sourdough44]

Most is possible, once hiring ramps up again. Besides the ‘majors’, there’s the spectrum on the way up. A few of the rungs can be a fine place to settle. It really doesn’t have to be the top 3 or 4 or bust.

Even with hiring norms, there’s always a few outliers. What I mean is, present yourself in the best way possible & press on.

 

[midlifeflyer]

So back to my original question....do you think that my past (expunged lowest level felony theft in TN) will prohibit me from getting hired at a major airline? It was 10 years ago. I fully intend to be honest if asked on an application, since I did check yes on my medical. Do you think anything will pop up on a major airline background check?

That's more about the market than anything else. There have definitely been pilots with felony convictions in their past who have gone on to airline careers. I suggest consulting with an aviation career consultant or, at worst, asking in one of the forums with professional pilots as members. JetCareers.com can be a rough group, but also a helpful one.

 

[hindsight2020]

Most is possible, once hiring ramps up again. Besides the ‘majors’, there’s the spectrum on the way up. A few of the rungs can be a fine place to settle. It really doesn’t have to be the top 3 or 4 or bust.

You'll find this paradigm is very prevalent among aspirants. The OP basically wants an assurance that he is not setting up a career pursuit that only yields a regional career money as a topper, since the presumption is that such is already attainable by RN/NP/CRNA progression paths. In short, no such assurance exists for this industry. He's gonna have to crap or get off the pot. If one's not willing to gamble, my recommendation to him is to get off the pot.

The RN path is solid, and both private ownership AND part-time turbine work is available to someone making senior RN, and especially NP and CRNA money. Of course, if one's gonna make co-workers miserable with the whole "I rather up there than be stuck in this floor with you all" rants on night shifts, then sure, do what you must to not make people around you miserable (to include your family).

 

[sourdough44]

I’ve seen a guy quit the big cargo outfits, others ‘let go’. After that there are always a few that get fired for various reasons. There is no guarantee, one has to do the best they can, add some faith, put out some effort.

 

[Hiflyr1]

My company a major asks have you ever been arrested or convicted, not if you have a record. Lie at your peril they will fire you for that for sure.

 

[bflynn]

Do you think anything will pop up on a major airline background check?

I know this post is several months old, but...does this question really matter? The questions being asked aren't about a record or what will show up on a background check. It's about whether or not something happened.

It's about integrity and as someone said above, the FAA believes the flight deck is no place for a liar.

 

[Arnold]

Okay guys so I’m circling back to this forum for an update. . . .

I am now currently a CFI, CFII, and MEI as well as an RN.

Congratulations.