FAA background checks-no flying 4U?

[Finch]

Question for you guys:

If you were convicted as a minor (age 13), are companies now not allowed by the FAA to hire you? My nephew is doing his PPL, and wants to work in the industry, but if no one will be able to hire him, he might as well not go on to CPL. He is now in his 20's. I think the charge was for B&E/theft or something like that, and he did some community service work. He has been squeeky-clean since, but that might not matter. I would be interested to know if any company would be able to hire him. Not sure if charges as a minor automatically exclude you from this industry now. Good thing I am an old timer!

Last thing I want to do is ruin his dream, but someone should tell him before he spends all his $$$$.

If you have any scoop on this, please share.

Finch

 

[jsoceanlord]

talk to an inspector at FSDO

 

[flydog]

Well that was a stupid answer

The only thing that might preclude your neighbor from being hired is if he was unable to obtain unescorted SIDA access because was convicted of one of the disqualifying criminal offenses within the past 10 years. Unescorted SIDA access is necessary for 121 crews that must comply with a Part 107 or 108 security program. This background check is not required for 135 or 91 operators yet. The following is an excerpt from the background check law which can be found in its entirety at http://www.faa.gov/avr/arm/Criminal.htm

For example JSOceanlord cant fly 121 any more because he got caught with stolen property and a marijuana brownie in his boat. However he can still fly C-402s around the islands under 135 as long as he doesnt fly through any more clouds and lose his ticket

d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty of by reason of insanity, of any of the disqualifying crimes listed in this paragraph in any jurisdiction during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows--

(1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306.

(2) Interference with air navigation; 49 U.S.C. 46308.

(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.

(4) Aircraft piracy; 49 U.S.C. 46502.

(5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.

(6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.

(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.

(8) Conveying false information and threats; 49 U.S.C. 46507.

(9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).

(10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.

(11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.

(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.

(13) Murder.

(14) Assault with intent to murder.

(15) Espionage.

(16) Sedition.

(17) Kidnapping or hostage taking.

(18) Treason.

(19) Rape or aggravated sexual abuse.

(20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.

(21) Extortion.

(22) Armed or felony unarmed robbery.

(23) Distribution of, or intent to distribute, a controlled substance.

(24) Felony arson.

(25) Felony involving a threat.

(26) Felony involving-- (i) Willful destruction of property;

(ii) Importation or manufacture of a controlled substance;

(iii) Burglary;

(iv) Theft;

(v) Dishonesty, fraud, or misrepresentation;

(vi) Possession or distribution of stolen property;

(vii) Aggravated assault;

(viii) Bribery; or

(ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.

(27) Violence at international airports; 18 U.S.C. 37.

(28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph.

 

[avbug]

 

[KlingonLRDRVR]

Finch,
I recommend your Nephew pay alittle money and have an attorney who specializes in juvenile law look at his court record. Depending on the state his charge may be called a "delinquency" rather than a crime therefore it may be possible that he can honestly tell the Federalies he has NOT been convicted of a crime. It's worth a couple hundred bucks to get a good answer. Most likely his juvenile records are sealed up tight and I'm not so sure the Feds could even get them.... If he does get the answer it is not a crime have the attorney put it in writting so if at a later date it becomes an issue he can pull the letter out of his hat and say he had a good faith belief in his representation to the Feds. This may mitigate a suspention for what they may think is a improper representation. I would do all of the above before he has to leave a paper trial such as the boxes on his Med. Certificate application. Good Luck.

KlingonLRDRVR

 

[Finch]

OK, thanks for the info guys!

So, if I read the link posted by Flydog correctly, the timeline is 10 years. If the charge is over 10 years old, then it is not a problem, even if it is one of the "disqualifying offenses"? I also didn't know it was only 121 (yet).

I will get him to talk to an attorney. In light of these new regs, it would be prudent to do this anyway.

Thanks again. Learn something new everyday!

Finch

 

[starvingcfi]

would it really matter if he was just a juvenile? i thought juvenile records were sealed tight. no access except government agencies. that was my understanding. i may or may not have been caught shoplifting when i was 16. stupid mistake. are you telling me that airlines can find that out? might end up going corporate after all, eh?

starvingcfi