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Becoming a pilot with an arrest...

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SeanAucoin said:
hey BR,

he was not a public defender he did service as head DA for the boston region for several years, and also an attorney for the police union
Well there you go...put him to work to find the vouchsafed answer for you. That's what I would do. The money spent is worth the peace of mind.
 
You need Denny Crane.

Seriously, did your half-assed ambualance chaser ever mention words "deferred adjudication" (dee furred a jude uh cay shun?) In some cases, at the judges discretion a charge can be dismissed if you meet certain criteria. The criteria can be anything from going a certain time without another arrest or doing community service or getting your gang tattoos removed, etc. Basically the disposition (adjudication) is put on hold (deferred) until the action is completed or the time has expired. Unlike receiving probation, it is NOT a conviction if the judge's criteria are met.

Since I'm sure you all are wondering how I came to be so knowledgeable about this topic...Once upon a time I had a student who got caught with a "green leafy substance"...and he waits 'til the day before his checkride to bring it up.
 
Not personally familiar with deferred adjudication, but is an informative post. There can also be instances where there may appear to be no public record of a particular criminal conviction (to a include guilty or nolo plea) but where there is an internal record for purposes of sentencing in the event of any subsequent convictions. In other words, should there be another criminal conviction downstream, there could be a "prior" for purposes of sentencing. Cannot tell what exactly is your situation. A plea agreement can include a reduction to a misdemeanor, a dismissal (of the original charge/complaint), and an eventual expungement if all terms are complied with, but the whole thing could still constitute a "prior" should there ever be an occasion to pass sentence later for something else. Of course, talk to your attorney and this is not intended to address your particular case--only general info.
 
Don't forget, police departments keep local files for life.

What's on local files? Anytime you ever called the cops for anything, any time your name was mentioned when someone else called the cops and warning tickets (look at the top, It'll be called a "citizen contact report"). Usually, local files are for investigative purposes only...but I would imagine that a police department might share this dossier with other local police agencies and possibly the feds if the Police Chief was being nice that day.

Also, courts have laws on when they may destroy court records. In Wisconsin, felony court records may be destroyed at 50 or 70 years. Misdemeanor crimes may be destroyed at 20 years and some types of court records may be destroyed at 5, 7 and 10 years. May means may, not must.

I would imagine that the cost and liability of maintaining files that are no longer required, means that most courts do an annual shredding or burn fest.
 
It may not be a conviction even though he has served community service. It's not uncommon for kids around the city to get busted doing almost anything, from hopping a turnstyle to something more serious. You can get "pinched" for the trivalist thing. Tresspassing for instance, on someones abandoned property.

Anyway, most arrests are usually felonies but 10 out of 10 times the court reduces them to a lesser charge and assigns community service to individuals. They basically clean a park or subway station for a couple of weekends. Contingent upon completing the comunity service AND not being arrested for 6 or 12 months, they are issed an ACD which is a conditional discahrge. IF you complete the coumminty service and stay out of trouble for the period of time (6 months) it will be as if it never happened. It is NOT a conviction. I belive that if you viloate these terms by being arrested within this period of time you will be convicted of the lesser charge agreed upon. Otherwise, if you stay clean it is technically "sealed" and you can legally state that you were never arrested.

IF I were you, I would do that FBI background check thing for $18 and see what it turns up. Consideringthe circumstances, its is very minor and shouldnt be a problem.
 
SeanAucoin said:
hey nyc,

for the fbi background check can I just go to the local police to get the fingerprints needed?

sean

Not sure how to obtain them, but that might be a good place to start. Give them a call and explain your intentions. They should be able to help you from there.
Good luck and don't worry too much.
 
I just called, they'll do it free of charge and take care of sending everything over there for me!

Yea im not going to worry to much. as long as im upfront and explain the situation, its understandable. Ive talked to pilots who couldnt get hired in the regionals and they said corporate aviation overlooks charges for the most part. plus there are many other routes of aviation. i'll get there somehow. not a big deal!
 
So when is someone going to say to find an older well known lawyer who knows judges. Pay him his fees, and get it all taken care of.

You didn't do ANYTHING wrong from what you said here, nothing should have ever came of it.

Quit posting here and get a lawyer. Aggravated Assault with a Deadly Cap Gun Man
 
This is sounding to me like a pre-trial diversion. Call the clerk of the court or go see the judge's clerk and ask the simple question. "have I been convicted of anything?"....or call the officer. Often times on minor offenses the judges will allow the defendant to complete some type of service and after successful completion, dismiss the charges, ergo, leaving no record of conviction. There would be a record of arrest and that doesn't go away, but that doesn't necesarilly ruin you.

Most of the time this applies to individuals of a more youthful nature, i.e. under age 26. It is a rather simple matter to check one's own criminal record at the sheriff's office or police department. By the way, did you have a lawyer during this ordeal? You could hardly be convicted of anything other than a misdemeanor without a lawyer these days. Most judges require it

You need to keep aware of what you are doing in a courtroom buddy and ask questions of the right people, not a web site.
 

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