Subject: Seeking Advice on Aviation Medical with Past License Suspension

[Aviator747]

Hello fellow aviators,

I'm in need of some guidance regarding my upcoming aviation medical exam and its implications due to a past license suspension. As a bit of background, I am a high-time CFI gearing up for a transition to the airlines but am concerned about potential deferrals of my medical certification.

Here's a brief rundown of my situation: In 2019, I received my first speeding ticket, which was promptly addressed. Fast forward to 2020, after obtaining my first-class medical, I encountered another hiccup in 2021—a ticket for running a stop sign. Due to Illinois' regulations for drivers under 21 (two tickets within 24 months leading to automatic suspension), my driver's license was suspended for a month. I complied with this suspension and refrained from flying during the period.

Wanting to clear my record, I later engaged a private attorney who successfully had the suspension removed, with official documentation from the Illinois Secretary of State affirming the erasure of this incident from my record.

Now, as I stand on the threshold of applying to airlines and seeking another first-class medical, I'm faced with a dilemma. The medical application requires disclosure of any license suspensions. Despite the official clearance from the Illinois Secretary of State, advice I've received suggests that this incident must still be reported.

My question to the community: If I disclose this suspension on my medical application, is it likely to be deferred, or is there a chance of immediate issuance? Your insights or experiences in similar situations would be greatly appreciated.

Thank you for your time and advice!

Best regards,
Aviator747

 

[flyingron]

You have to report it. Obtain the records that show why it was suspended. A non-DUI related offense will not amount to much of an impediment.

 

[mandm]

Go online and pull your driving record, there is something like a $10 fee from the state of Illinois.

 

[mustangbruno]

You must report it, regardless if it is on your record or not. I doubt any employer would not hire you based on your situation, but the FAA will look to suspend or revoke your ratings if they discover that you did not disclose. They are very serious about it, and can also go for a civil penalty (fine). I represent pilots, and have seen it happen. Answer the question accurately. It asks whether you have ever had a suspension, not what is on your record now. The consequences for not disclosing can be severe. Based on my experience, the FAA will not deny your medical for this. They might ask for more information, so apply early to allow time if necessary. Also, it makes things stickier if you have answered a question differently on a previous medical. Everything stated is my opinion, not legal advice. Get legal counsel if you’re not sure what to do.

 

[RyanShort1]

Just be aware that the less of a need for pilots the airlines have, the more particular they’re going to get. Anything negative is a reason for them to move to the next guy. Last year the regionals were hiring anybody with a pulse, but not so much now.

All the applications I’ve filled out do ask questions about the driving record.

 

[midlifeflyer]

Wanting to clear my record, I later engaged a private attorney who successfully had the suspension removed, with official documentation from the Illinois Secretary of State affirming the erasure of this incident from my record.

Now, as I stand on the threshold of applying to airlines and seeking another first-class medical, I'm faced with a dilemma. The medical application requires disclosure of any license suspensions. Despite the official clearance from the Illinois Secretary of State, advice I've received suggests that this incident must still be reported.

That advice was correct. Even if the state formally expunges the record (and can't tell from your post whether that happened), the FAA's position is contained in the MedXPress User's Guide:

If the record of a conviction has been expunged, state the date that the record was expunged and the court that ordered the expunction.​

The NTSB has already upheld that requirement even in the face of formal expungement

Disclosure to an employer is theoretically a separate issue since saying "no" on an employment application is often specifically authorized by expunctions statutes. But where your employment is so tied to your federal licensing, I doubt it would be wise to say no without some very targeted legal advice. And, as others said, the likelihood of being denied a job for running a stop sign is probably insignificant with the consequences of being caught in even a legal lie.

 

[bbchien]

Don't end up like "the Delta 4": lied mutiple times and ended up without his pilot certs and retired. Midlife speaks the truth.

 

[midlifeflyer]

Lying on the form is ill-advised even if you don't think the FAA will easily find it. The NDR actually may not list it, but that's not the sum total of databases out there. Caught in a lie, you could find not only your medical but also your pilot certificates revoked. If someone wants to make an example, criminal charges are possible.

I was handling criminal record expunctions for Legal Aid for a few years. Upon successful expunction, I sent a closing letter to my clients. It included this (and it's specific to the laws in only one state):

there are things an expunction cannot do. Expunction removes official court and state law enforcement records of the charge. It also directs companies which do record checks to delete them. Most importantly, it gives you the right to answer “no” to employment questions about the existence of the charge which has been expunged.​

But expunction does not wipe people's memories, or newspaper accounts, or comments you or others may have made on social media. This means the charge might come up. Record check companies might have an old database. Federal records may or may not be cleansed.​

 

[flyingron]

And the FAA is unconcerned about guilt or innocence here. They want to know if the expunged, deferred, rescinded, or whatever event was the result of undoing an operating while intoxicated event to trigger their investigation. The legal status is irrelevant. In some states you can bury a DUI in a lesser and "expungeable" charge and the FAA wants to know if that happens.

In this case, since it doesn't involve alcohol/drugs, but simply traffic offenses, it's a yawner. Had it not led to something that raised red flags (suspension or having to take driver school), they wouldn't even have you report it (note 18 w only asks about NON-TRAFFIC offsenses).

Now when it comes to employment applications, you can indeed in most states ignore reporting this.

 

[GeorgeC]

A reminder, from the RoC:

Pilots of America permits anonymous posting in the Medical Topics forum, as well as in the Lessons Learned forum, but ONLY when disclosing your OWN potential or existing medical condition, potential violation of FAA regulations, incident or accident in which you may have been involved. Posts made anonymously in response to such posts will be deleted unless the content of the response requires anonymity.