Can I still be a pilot?

Weekend Warrior said:
And you don’t seem to get it. I personally don’t care what is or is not on your record. And for crimes like “threatening people by telephone” neither does the faa as long as you report it to them. But you are saying BECAUSE there is no jail time, no probation, my attorney said so, etc, it’s not on my record. W R O N G
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What would he have to report to the FAA?
 
Rolloofthenorm said:
And what point was proven other than my arrest being expunged was complete and utter nonsense and that I apparently have a conviction? Is that what you mean by "proving your point"?
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He proved my point that people don't actually read for understanding before responding, and respond based on their assumptions rather than what is written.
 
Rolloofthenorm said:
Well from my understanding a diversion program isn't the same as a conviction either. Here is what I found: "PTI (pre-trial intervention) doesn't require the charge to be pled to prior to participation, thus there is never a conviction. In fact, successful completion of PTI results in the charge being dismissed and expunged from your record".
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No to conviction
Yes to arrested.

It will be on your record regardless of the expungement.
 
Rolloofthenorm said:
You don't get it either do you? A lawyer never told me anything like that I was saying that I don't see how I was convicted when I didn't even serve no jail time, didn't pay a fine, nor was I put on probation. The judge never said anything like that to me either.
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The definitive way to end the "what is or isn't there" discussion is to obtain a copy of your records, and then keep what you obtain in a safe place.

The issue we are trying to explain (and maybe protect you from) is what happens if the FAA finds out you falsified information on your medical application, whether knowingly or not. Your position that nothing is is in the federal record due to expungement "could" get you tangled up in the "not".

Up until there is cause for the FAA to investigate your background, they will take you at "face value" of what you said (no bad records) on your application.

However, if
  1. there IS a "black mark" on your federal database record that you were required to report on your medical application, and
  2. they find you had not properly divulged the incident on your medical, and
  3. there was cause for the FAA to dig for that record (such as you bending metal or flesh),
then they will have cause to both revoke your pilot certificate and prosecute you for the Federal crime of lying on a Federal form.
_______________________________

So how do you make sure this doesn't happen? And perhaps prove your current position to the rest of us?

Obtain a certified copy of your federal database records from the FBI. https://www.fbi.gov/services/information-management/foipa/requesting-fbi-records​

If nothing or something is there, you will no know the same thing the FAA will know should they have cause to go looking. And whatever that is, now you can properly and truthfully report the correct information on the Federal form.

My dog in this hunt?

It isn't arguing what about what your legal counsel or judge said, or if what they said was the correct information for your personal or FAA needs.

It is providing you with information and hopefully correct guidance on how to put this argument to an end so you can successfully proceed to the next step in your journey.

Continuing to argue with us without doing something definite about the situation is like arguing with a fence post. Nothing gets accomplished except raising your frustration and blood pressure. You need to move forward and hopefully what I have shared here helps make that happen.

PS. And I do hope you will soon share a photo of the FBI report that proves what you say, there is nothing there.
 
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Rolloofthenorm said:
Speaking of medical I have a history of depression
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This will add a completely different aspect to your application for a flight medical

there are many things about "a history of depression" the FAA will want to know about.

My suggestion is to not rely on the information of SGsOTI for what to do here. Seek out a Senior HIMS Aviation Medical Examiner and ask for a consultation. Conduct an honest review of all aspects of your medical history (aka Question 18 on the form) and obtain instructions on what you need to obtain and bring with you to the official live exam.

Doing this consultation first will greatly increase your chances of success.
 
Tarheelpilot said:
Yes to arrested.

It will be on your record regardless of the expungement.
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Only arrests related to drugs, drunk driving and traffic need to be reported. The OPs arrest was for a misdemeanor telephone harassment charge. Per instructions, it is not reported to the FAA. No to both of those.

The history of depression question though is another matter.
 
No, you can’t be a pilot. Plenty of drone “pilots” with sketchy backgrounds though. I suggest go that route.
 
Velocity173 said:
No, you can’t be a pilot. Plenty of drone “pilots” with sketchy backgrounds though. I suggest go that route.
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So with all the information I gave you guys and all the stuff I point I can't be a pilot?
 
Yes, you can. As long as you report everything as asked on the medical application.
 
Rolloofthenorm said:
well the other guy said I couldn't so what makes you think I'm suppose to believe you?
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He was being sarcastic, and I speak fluent sarcasm.

Here's the deal:
Having a misdemeanor that is NOT alcohol or drug related will not prevent you from being a pilot.
HOWEVER, the feds do NOT recognize state expungment. So be EXTREMELY careful how you answer the questions on the form. Basically, pull your FBI background check, see what shows up and report the arrest and if the FBI shows a conviction, report that as well.
 
@Rolloofthenorm ... +1 to what EdFred said above about reporting your misdemeanor on your medical application.

Also be cautious of your knee jerk defensive attitude as John mentions in post #38
 
AggieMike88 said:
@Rolloofthenorm ... +1 to what EdFred said above about reporting your misdemeanor on your medical application.

Also be cautious of your knee jerk defensive attitude as John mentions in post #38
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If being argumentative in an Internet discussion were disqualifying, we ALL would be sunk! :eek:
 
Rolloofthenorm said:
Well again you want to believe that then go ahead. Hell I wasn't even put on probation or anything neither so I don't really where you came up with that answer.
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You think because there was no jail time that therefor there was no conviction? Sorry, but "false" is the correct answer here.
 
Rolloofthenorm said:
You don't get it either do you? A lawyer never told me anything like that I was saying that I don't see how I was convicted when I didn't even serve no jail time, didn't pay a fine, nor was I put on probation. The judge never said anything like that to me either.
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You "didn't serve no jail time"? So how much time did you serve?
 
PeterNSteinmetz said:
Only arrests related to drugs, drunk driving and traffic need to be reported. The OPs arrest was for a misdemeanor telephone harassment charge. Per instructions, it is not reported to the FAA. No to both of those.

The history of depression question though is another matter.
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That^

Just read the instructions on the forum, don’t read INTO the instructions, just read the instructions.
 
Jail time with no conviction.?? It happens.

One time I spent a week inside a little country jail
And I don't guess I'll ever live it down
I was sittin' at a red light when these two men came and got me
And said that I was speeding through their town....
 
EdFred said:
He was being sarcastic, and I speak fluent sarcasm.

Here's the deal:
Having a misdemeanor that is NOT alcohol or drug related will not prevent you from being a pilot.
HOWEVER, the feds do NOT recognize state expungment. So be EXTREMELY careful how you answer the questions on the form. Basically, pull your FBI background check, see what shows up and report the arrest and if the FBI shows a conviction, report that as well.
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Per the instructions, you do NOT report arrests which are are not alcohol or drug or driving related. OPs arrest was for a misdemeanor phone harassment charge.

As I noted, the history of depression will need to be reported and will likely need extensive evaluation.
 
PeterNSteinmetz said:
Per the instructions, you do NOT report arrests which are are not alcohol or drug or driving related. OPs arrest was for a misdemeanor phone harassment charge.

As I noted, the history of depression will need to be reported and will likely need extensive evaluation.
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18w - History of non-traffic convictions misdemeanors or felonies. He WILL have to see what shows up on his FBI background check.
 
EdFred said:
18w - History of non-traffic convictions misdemeanors or felonies. He WILL have to see what shows up on his FBI background check.
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For the OP, I would also advise that if the FBI background check is empty of items the FAA would be concerned about, it’s worth obtaining the report and retaining to demonstrate this fact.

If there is something in the report, then the OP is aware of exactly what is there and can properly report those items.

But it starts with obtaining that report.
 
Wouldn't paperwork from the court that dealt with him be sufficient?
 
Palmpilot said:
Wouldn't paperwork from the court that dealt with him be sufficient?
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It would be - if that is all there is on the FBI Background report. If there is something else.... IOW the FBI Background Report is the last word here...

-Skip
 
Skip Miller said:
It would be - if that is all there is on the FBI Background report. If there is something else.... IOW the FBI Background Report is the last word here...

-Skip
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Sure, but he knows whether he has had any other scrapes with the law. Are we saying that everyone who has had a single arrest should be requesting an FBI background report even if they have the relevant paperwork already?
 
LongRoadBob said:
Are we normalizing the obvious attitude problems from the OP?

maybe it’s just my take on it. He seems to just dismiss any and all advice that doesn’t jibe with his foregone conclusion, and hasn’t done due diligence at all prior or since his first post. He dropped out, and when it all got quiet decided to start it all up again and be all offensive. To me this smacks of a troll.
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Maybe a troll, or just someone who decided that the issue with the depression, which must be reported, will will too much work.

I wouldn't chock too much up to attitude as evidenced on PoA. People often come across here in threads much more hostile than they really are. Anonymous posting on the internet tends to do that.
 
Prior posts #11 and #91 go to this issue of possible convictions and expungements. It appears from what the OP said that he was not convicted, was diverted instead. But the FBI background check record seems like a good idea in any case.
 
Does the FBI do background checks for free?
 
Palmpilot said:
Sure, but he knows whether he has had any other scrapes with the law. Are we saying that everyone who has had a single arrest should be requesting an FBI background report even if they have the relevant paperwork already?
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I agree that if the OP honestly believes he was diverted, rather than convicted, that this should suffice to answer no regarding the convictions.

When there is a conviction on the FBI background check, the FAA normally pursues the no answer issue only if the person answering knew the answer should have been yes and answered no anyway. If his lawyer said he did not have a conviction and particularly if he has paperwork saying he was diverted, rather than convicted, that would seem to show his honesty.
 
I just requested an FBI background check on myself for $0 yesterday.

The first two hours of digging is free, after that you have the option for payments depending how deep you want them to go.
 
EdFred said:
I just requested an FBI background check on myself for $0 yesterday.

The first two hours of digging is free, after that you have the option for payments depending how deep you want them to go.
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How do you judge what “deepness” even means? What would superficial uncover? How deep is an expunged state arrest or conviction in the scheme of things?
 
LongRoadBob said:
How do you judge what “deepness” even means? What would superficial uncover? How deep is an expunged state arrest or conviction in the scheme of things?
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That's a question for the FBI.

I am assuming any arrests/convictions pop up immediately. I know someone with an expunged/sealed record - and it's the only thing on their record. I could probably request one on them as a benchmark.

I'm interested to see what shows up for me since I've at least 5 or 6 federal background checks done on me. I've never been denied based on those, but I also never saw the reports either.
 
Just got a letter in the mail

Based on the information you provided, we conducted a search of the places reasonably expected to have records. However, we were unable to identify records responsive to your request. Therefore, your request is being closed.

Cost: $0.00
 
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