Arrested - No Chance of a Job?

[tyuwerty]

The background check that all airlines conduct involves an FBI/NCIC (National criminal identification computer) check. It will show ANY arrest as an adult. I have seen many people that thought their record was expunged get burned in ground school because they didn't disclose it and it was still in the system.

If you were ever arrested, they will see the record. It has nothing to do with the PRIA records.

 

[wrxpilot]

The background check that all airlines conduct involves an FBI/NCIC (National criminal identification computer) check. It will show ANY arrest as an adult.

That's exactly what I've heard too. Since he was not an adult at the time, I think he has nothing to worry about. But running the FBI background check is a good idea.

You changed your life, went to school, made the Dean's list, and are now a professional pilot. I think you've attoned for your sins. Good luck!

 

[B-J-J Fighter]

I would be honest. I have been brutally honest and I made a real big mistake right after I turned 21. It hasn't seem to hurt me so far, I have been employed by 3 different regionals. I think it's all about how you explain the situation, what you learned from your mistake, and why it will not happen again. My advice is to come clean and be honest. It's your interview, do what you are most comfortable with.

 

[n5374f]

What to do

The safest thing to do is if none of the charges were felony convictions and only misdemeanor convictions is the following:

First any convictions that you had prior to age 18 that were not felonies were already expunged when you reached your 21st birthday automatically.

If you had no felonies convictions after 18, Felony convictions after age 18 can never be expunged.

If it has been more than 5 years since your last misdeamenor conviction you can petition the court to have your records sealed and your convictions expunged. You can contact any crimminal lawyer and for $2500 they can do this for you. Once the court is petitioned and the judge agrees the district attorney in that county will agree and process all of the county, state and federal paperwork right up to the FBI. It takes about 6 months but your record will be expunged in the FBI and NCIC files also.

This also gives you the LEGAL RIGHT to answer all job applications that you were never arrested or convicted. It is a legal way of clearing your record, and if by the slim chance it was uncovered by accident at a later time, the Order of Record Sealing and Expunged Record says right in the Order that you can say it never happened.


From a Lawyer Pilot

 

[FlyMeSWA]

FWIW a friend of mine is involved in pilot recruitment. This person pulled someone out of training recently for something coming out of the background check that this applicant "was never actually convicted of" but arrested for. Didn't tell them about it in the interview.

 

[tyuwerty]

The safest thing to do is if none of the charges were felony convictions and only misdemeanor convictions is the following:

First any convictions that you had prior to age 18 that were not felonies were already expunged when you reached your 21st birthday automatically.

If you had no felonies convictions after 18, Felony convictions after age 18 can never be expunged.

If it has been more than 5 years since your last misdeamenor conviction you can petition the court to have your records sealed and your convictions expunged. You can contact any crimminal lawyer and for $2500 they can do this for you. Once the court is petitioned and the judge agrees the district attorney in that county will agree and process all of the county, state and federal paperwork right up to the FBI. It takes about 6 months but your record will be expunged in the FBI and NCIC files also.

This also gives you the LEGAL RIGHT to answer all job applications that you were never arrested or convicted. It is a legal way of clearing your record, and if by the slim chance it was uncovered by accident at a later time, the Order of Record Sealing and Expunged Record says right in the Order that you can say it never happened.


From a Lawyer Pilot

Good advice but... I think misdeamenor expungement is state dependant and it doesn't work for DUI's in most states.

 

[A Squared]

In particular I'm almost certain it is illegal to ask about arrests, or to deny employment on the basis of arrests without convictions.

Varies from state to state. there are states, Massachusetts, for example, which specificaly forbid asking about arrests. Other states have no such prohibition. There is no federal law against asking about arrests. It is however illegal to discriminate against certain protected classes, and placing a great deal of emphasis on arrest records if you're dealing with applicants who belong to a protected class which might experience a higher than average number of arrests could be viewed as illegal discrimination. If you're a white boy and someone asks you if you've been arrested, you're going to have a tough time spinning that as illegal discrimination, primarily because white boys aren't a protected class.

 

[JimNtexas]

"There is no federal law against asking about arrests."

You're mistaken. From Nexis/Lexis:

It is important to note that the Equal Employment Opportunity Commission (“EEOC”) takes the position that hiring policies that disqualify job applicants based upon criminal convictions may have an unlawful “disparate impact” on minorities under Title VII. “Disparate impact” can result from the application of facially neutral practices or policies, regardless of the employer’s motivation. To ensure that the information is clearly “job-related,” the EEOC has directed employers to evaluate conviction information on an individualized basis with respect to: 1) the nature and gravity of the offense, 2) the relationship between the job duties for the position in question and the offense, and 3) the date of the conviction (that is, how old it is). A
blanket policy disqualifying any applicant with a felony conviction would almost certainly run afoul of this broad mandate. Moreover, the EEOC and most state laws prohibit employers from considering records of arrest that did not lead to convictions.

http://screening.lexisnexis.com/littler/4investigatingjobapplicants.pdf

In general while the employer can't ask about arrests that did not lead to a conviction or many other non-job related items, they can consider anything the applicant blurts out in the course of the interview.

My strong advice to the OP stands. Don't listen to anyone on this forum, ASK A LABOR LAWYER ABOUT YOUR SPECFIC SITUATION.

 

[A Squared]

"There is no federal law against asking about arrests."

You're mistaken.

]

Well, not exactly, there.

Moreover, the EEOC and most state laws prohibit employers from considering records of arrest that did not lead to convictions.

1) Assuming for the moment for the sake of argument that the EEOC has jurisdiction over all hiring practices (It doesn't), it says that it prohibits considering arrests which did not lead to a conviction. It does not say "you may not ask if somone has been arrested" those are two different things.

2) The EEOC does not have laws, it has regulations, and if I'm not mistaken, those regulations govern federal hiring only. We're not talking about applying for a civil service position here. If you can show me a public law which specifically forbids asking about arrests, I'll agree that I'm mistaken, I don't think you will, as I have looked, and haven't found one. Perhaps you know of one I've overlooked.


Additionally, I don't think that the statement that *most* states prohibit it is accurate. I dug into this subject a while back, and looked up the employment laws of a bunch of states. I don't recall the exact numbers and I didn't look at the laws from all 50 states but there were plenty in which there was no law prohibiting asking about arrests. I guess 26 out of 50 would strictly speaking be "most" but not an overwhelmiong majority.

 

[Notorious PIC]

If your record was "sealed" as a minor, I don't think you have anything to worry about. Now that video of you passed out at the party with shaving cream on your head, cigarette butts stuck up your nose, with your friends "ball sack" in your face, while you're passed out drunk, may find it to your interview. That's going to be hard to explain.

 

[lowtimedriver]

Of course you should be honest, but if it was more than 10 yrs and you were also under 18 years old, it gets a little silly to even mention it.

Just run a FBI background check on yourself. If the Feds can't find it, do you really think an airline will??

I think you would also have to run a Department of Justice BI check as well. These are two different checks and I think that the DOJ BI goes deeper and longer into your history than the FBI check. Someone mentioned to have a run a BI on you. This is a good idea. If your record was sealed, then you usually do not have to disclose. If your were convicted of a crime in California and your record was sealed/expunged, you only have to report the conviction if you run for public office or for LE I believe.

 

[kamikaize]

Ive been arrested twice, once on spring break when i was 19 and again when i was 23. I paid $900 when i was 19 for the 5 charges an hour after I was arrested and it was all done and over. when i was 23 i got arrested for felony assault when i was a bouncer but the District Attorney entered a no information with intent not to prosecute. Its been 5 years and I havent been in any trouble since then. I got a fbi background check along with all the depositions showing no jail time,community service, or probation issued. Ive been interviewing lately with a few majors and I tell them everything that happened and what Ive learned from them. Im sure there will be a company out there that will take me sooner or later. My advise is get all the information possible about your situation and lay it all out for them. Honesty shows character and thats what they are looking for. I could have the felony arrest expunged but you never know who is doing your background check and how old the database they are using is. you dont wanna be that guy they take a chance on and end up being pulled out of class because someone found it.

Anthony B

 

[JimNtexas]

ASquare, I hope for the sake of your fellow employees that you are never allowed to participate in job interviews.

Asking about arrests that did not lead to convictions is simply not legal. The EEOC has exactly the same kind of authority over private sector hiring practices as the FAA has over private sector flight operations.

My strong advice to anyone who applies for a job at an airline and is asked about arrests without convictions at the interview and then isn't hired is to contact a labor lawyer. Such a person is in a great position to win a very large settlement, and the company is in serious danger of fines from the EEOC.

Note that once the job is offered then if security clearance is required then and only then may the employee be asked about arrests for jobs that require goverment security clearances.

 

[great cornholio]

Heres what I think. I was lucky enough to never have been in this situation, but this seems like an ok idea in my head. Answer truthfully on what ever paperwork they give you. If they ask for convictions in the past 10, 15, 20, forever years then answer appropriately. If they ask for arrests in the past 10, 15, 20, forever then answer appropriately. I was pretty young at my first interview so when I had to fill out the 10 year residence/school/work history it took me back till when I was in like 8th grade so I gave the name and address of my middle and high schools...even though it seemed dumb to want to know what a middle school boy had done I filled it out cause they asked. Thats what I'd do with the paperwork.

Ok now for me the next part is the hard part. On the interview I'd probably not say anything about it till they asked me "do you have anything to add or any questions" etc. This is usually the last question you will get asked. At that point you might say something like "The paper work didn't ask this so I didn't put it on the paper work, but back in the day I was arrested for some stupid teenage boy stuff and if you would like to know more about it I'd be more than happy to explain it right now"

Hope that helps and I hope you get the job. Honestly right now most regionals are hurting bad for pilots and I don't see most turning you away for that. On the unlucky side that you end up not getting the job don't worry because a lot of regionals are hiring now so just use that interview experience and carry it into the next one.

 

[sqwkvfr]

ASquare, I hope for the sake of your fellow employees that you are never allowed to participate in job interviews.

Asking about arrests that did not lead to convictions is simply not legal. The EEOC has exactly the same kind of authority over private sector hiring practices as the FAA has over private sector flight operations.

My strong advice to anyone who applies for a job at an airline and is asked about arrests without convictions at the interview and then isn't hired is to contact a labor lawyer. Such a person is in a great position to win a very large settlement, and the company is in serious danger of fines from the EEOC.

Note that once the job is offered then if security clearance is required then and only then may the employee be asked about arrests for jobs that require goverment security clearances.

I really don't get this....how on earth is it illegal to ask questions about an event that is public informtion?