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FAA and medical dilema

jetstar1

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Hi,

I know this has been covered in here before but i need to know this before i try and apply for my medical again.

Situation: I failed/forgot to report a dui to the FAA that happened about 12 yrs ago. I have done my own backround check and it is not on the DMV anymore but shows up on the FBI record as an arrest. I am thinking of applying again in the future and need to know what are my options. This is also not on the NDR records i definatley checked and i come back clean with them. Any suggestions would be great. I know this is rather messed up but with all the backround sh**t these days i just want to make sure my options here

Thanks

Jetstar1
 
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goaliemn

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If you're a member of AOPA, get their legal plan and ask them.. They may be able to help with a letter for you to give to the examiner, or to the regional office.
 

nosehair

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jetstar1 said:
I failed/forgot to report a dui to the FAA that happened about 12 yrs ago.
...hmmm, were you a cerificated pilot at the time? Hve you made other medical apps without disclosing the truth? If so, you need legal help. Get a good aviation attorney (AOPA) and see if he can pave the way with a song-and-dance about "forgetting".

Since it is not in the DMV records, I am guessing it won't come up if you stay squeaky clean, but if you do anything that prompts a full investigation, they will check with the FBI.
 

Snakum

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H[a]ve you made other medical apps without disclosing the truth?
If this part is, in fact, true, and if that's why you were denied last time (i.e. they caught the ommission), you need to understand that Federal Judges are handing out active federal prison sentences for this exact offense in the wake of 9/11. There's one person near me who got six months for an ommission on his stdent medical, and they've handed out more time than that for active pilots who got nailed. I am not exaggerating. If all they did was deny your medical ... count your blessings, my friend. :eek:

All that said though, with the right aviation attorney anything is possible. :)

Minh
 

jetstar1

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I was never denied my medical i was not an active pilot at the time of the incedent. But in order to move forward this is why i am posting. Like i said it was not sent to the NDR i have a written letter of my record with them recently.
 

gern_blanston

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jetstar1 said:
I failed/forgot to report a dui to the FAA
Sorry, but your use of the word forgot sorta' ruins your cred. The Friendly Aviators Association sure won't buy it.
But since you 'failed' to report it, get legal counsel; AOPA or otherwise. Right away.
 

FN FAL

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jetstar1 said:
I have done my own backround check and it is not on the DMV anymore but shows up on the FBI record.
Jetstar1
What FBI record?
 

jetstar1

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The FBI record that the district in which you were arrested sends to them about an arrest.
 

macfly

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I personally would not worry about it. Employers cant check FBI records, with the exception of military/government that requires high level clearance. DMVS are fair game.

If you preform an action that requires the FAA/NTSB/DOT/ETC to do a FBI background check on you , then more than likely your flying career is over.

A membership with AOPA is always a good idea.
 

FN FAL

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jetstar1 said:
The FBI record that the district in which you were arrested sends to them about an arrest.
Ok...got it. Well then I would do a search of the FBI records here...just to make sure things are on the up and up.

http://www.policeguide.com/

Just click on the link that says "FBI criminal records search" and fill in the data fields.
 

jetstar1

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FN FAL, your a real jerk!!! thanks for the link

You can't be serious!
 

macfly

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FN may your indentity be stolen along with your gay lover.


nice
 

darkvw

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not my picture on that, not near enough hair and too good looking
 

Gulfstream 200

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macfly said:
I personally would not worry about it. Employers cant check FBI records, with the exception of military/government that requires high level clearance. DMVS are fair game.

If you preform an action that requires the FAA/NTSB/DOT/ETC to do a FBI background check on you , then more than likely your flying career is over.

A membership with AOPA is always a good idea.


Dont follow this advice.

Employers can certainly check FBI records (and do).

Dont know about regional airlines, but it is not unheard of in the corp. world.

Remember, nobody is ever gonna buy that "I forgot" thing and everyone hates a liar. Make a plan to come clean and stick to it (with legal help of course).
Most folks can overlook a DUI from 15yrs ago.
 

MACH-TUCK

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What does the FAA do if your an active 121 pilot an you get a DUI?
 

Snakum

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MACH-TUCK said:
What does the FAA do if your an active 121 pilot an you get a DUI?
Whack your pee-pee? :(
 

jetstar1

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FN FAL your an idiot!
and you fly planes (god help us) no wonder pilot have such a bad rap these days
 

avbug

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Companies can and certainly do request your NCIC information, both for wants (warrants) and criminal history. It's also checked for any 5 or 10 year background check for an airport ID, and usually a company ID, and most employers obtain it as part of pre-employment screening. It's generally done through your state Bureau of Criminal Investigation (BCI). It takes about fifteen seconds.

I'm not certain I understand the question. The poster is not very forthcoming with information, but from what's been posted, we learn that he had a DUI, and at some point quit flying. Weather this involved commecial flying or not is unclear, as is the issue of weather or not he quit voluntarily.

What is not unclear is that if you apply for a medical certificate, you are required to report previous infractions. That one isn't debatable. What is also clear here is 14 CFR 61.59(a)(1), which states that no person may make or cause to be made any fraudulent or intentionally false statement on any application for a certificate or authorization.

You stated that you have checked the National Driver Register and determined that no record of your DUI exists, but that it does exist with NCIC, in your III (criminal history) file. The FAA does not routinely check criminal history files, but other investigative agencies do, and certainly employers do. An example of this surfaced recently in California with a number of individuals claiming disability and still holding medical certificates...not a criminal history issue, but an example of crosschecking two unrelated databases to catch a violator.

In your case, you may be up against something far more simple. I believe you stated that your prior infraction was twelve years ago, which puts it within the time frame for mandatory reporting of motor vehicle violations under the current regulation. Presently, any discrepancies between an old medical certificate application in the computer database and a new one, are flagged for investigation. If you made false statements on a prior claim and change to a different statement today, this may raise a flag.

Again, I'm not sure I understand your question, but it appears that you may be asking for advice on how to beat the system, or how to "not get caught." That's not advice anybody can, or should give you.

The best counsel you've already been given; consult with a competent attorney who specializes in FAA matters. As others have stated, AOPA carries a database listing a number of attorneys who may be able to help.

With respect to your basic question, weather to report or not report, the regulation dicates that you must disclose past violations convictions. You seem to be hinting at the idea that you might get away with not reporting if nobody is going to check your criminal history...don't go there. You'll eventually get caught, and even making the attempt is a criminal act for which stiff penalties apply. It's not something you want hanging over your head. Contact that attorney before you do anything else. You may find with the right counsel that your problem is smaller than you think.
 

A Squared

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One thing to ad. If the DUI happened after reporting became mandatory, you had (in the eyes of the FAA) an obligation to report this DUI, even if you weren't an "active" pilot. I say this because I read an NTSB decision which involved a guy in a similar situation. He got a PPL, and like many do stopped flying for a number of years, he didn't apply for any medicals. At some point he got a dui, and didn't report it. Some time later, he renewed his interest in flying, and when he repoorted the DUI on a medical application he got nailed for not reporting it at the time. The NTSB was no swayed by the argument that he wasn't flying at the time.

I'd get an attorney to help you navigate this mess.
 
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