Felony Conviction???

[dondk]

I cannot speak for other airlines...

At my airline.. the procedure is like so...
Our HR does a 5 year employement background check which is required by the FAA.

On the second day of class, they send you to the badging office at MEM and THEY do the 10 criminal background check.
IF you qualify for a badge, you keep the job.
From what little I understand, my company's position is that they are not going to get themselves in a lawsuit on making a "subjective" decision. If the airport authority feels you are a risk then the company had an "out" and the liability is on the airport (good luck fighting them) and not the company.

From speaking with the security member of the union, we have a few people with misdemeanors, some before and after the 9/11 issue.

You can have a record and have a job, albeit it may not be with your airline of choice.

 

[mazbaird]

Even if you are successful in getting a record Sealed or Expunged how will it show up on a background check?

Will it come back as "No records found" or "Sealed Case"

Could make a big difference on how you should fill out a that job application.

 

[cocknbull]

It would be impossible for me to speculate how each state approaches this. The best way to find out what is on your record is to:

1. Obtain a county criminal record for yourself. The fee is usually 4 dollars and can be obtained at the county courthouse.

2. Obtain your state driving record which can be obtained at several BMV locations within the state for a small fee.

3. Obtain your FBI background check. Go to your county court house and ask to be figure printed for an FBI check. The cost is 30 dollars and the results will take around 30 days.

4. If your lincense has been suspended or revolked obtain your NDR. Go to the National Driving Registries website.

If you do these 4 things you should know what anyone else can find out about you aside from a few people*. If record is sealed or expunged it may not have been cleared from all agencies records. For example you get a Drug abuse charge and your lincense is suspended. Two years later you get it expunged. You check your county criminal record check and you see it has infact been cleared. However there is a good chance the state forgot to mention the expungement to the bureau of motor vehicles. Bam the airline does a driving record report and your busted.

*Once you have been convicted it never goes away. It is just sealed from public viewing which is what the airline is entitled to. However all the peole looking at those computer screens at the courthouse and BMV can see everything just by putting you SS# into the computer.

I highly suggest honesty at an airline interview. Most of us are a little crazy and have gotten into trouble. One or two misdomeanors is not going to disqualify you from the job. The funny thing about pilot groups is they are all unique. Each airline has there own perfect pilot which they try to find. While a underage drinking ticket might get you killed at one airline it might be a "good" thing at another. Believe it or not some airlines don't want a bunch of loser dweebs walking around the terminal bitchen everytime the Captain drinks a beer and hits on a chick. What will disqualify you from an airline job would be a felony or a pattern of abuse. I'm sorry to say it but felonies are a major red flag and no matter how likable a guy maybe it is almost impossible to get the company to sign off on a convicted felon.

 

[jscflyer]

Be Honest My Friend.

I myself have a felony arrest record and it did not prevent me from getting a job with a 121 Airline. My crime was just short of ten years old so I knew it was going to come up sooner or later. During my interview they asked me if there was anything that I wanted to talk about that I did not mention in my application. So I came clean and told them about my crime. In a humble manner I explained to them what I learned from the experience. It also helped that I stayed out of trouble since then. Out of the ten guys who I interviewed with last fall I was the only one who was hired . Most of those guys had tons of more experience than I had. The interviewers appreciated that I was honest with them. To top it all off, the Chief Pilot stood up and offered me the job on the spot. Talk about being blessed! My friend just be honest and put your faith in God. I know how you feel , I used to worry all the time that my crime ( Grand Theft) was going to prevent me from from getting an airline job. Well it did not! Pray to the Big Man. If he can help an old thief like me , I Know he can help you. I bet you know who 's your Daddy now!

 

[Snakum]

If what you say is true, and if what the TSA says is also true, you will soon be joining the unemployed. I'm not trying to be an ass, but if you're not BSing you WILL NOT PASS the TSA-mandated background check and you will be let go ... period. This info can befound all over the net with the applicable guidelines. If there are loopholes, please fill the rest of us in.

Enquiring minds want to know.

Minh

 

[cocknbull]

Armed or felony unarmed robbery is on the list. If its under ten years old I would be worried.

 

[Sir Humpalot]

if its over 10 years, would you be worried also?

Another stupid question, how do you guys get the personal avtars on the side of your messages?

 

[PlaneToSea]

Felony Conviction

Does anyone know how to get a copy of the TSA form that you fill out for a security/background check.

 

[StarrBuck]

I agree with JSCFLYER, honest is the best policy.. Firstly there is no way that you can be absolutley sure how airline X is going to do their background checks.. If they find something that you didn't disclose you are sunk. Secondly by coming clean, it is a good chance for your integrity to come through in the interview. I know that it may seem like you wouldn't stand a chance, but if they like you in the interview AND they know that they can trust you because you came clean, you will be in a much better position.. Lastly, if you did get the job and didn't mention it, would you want to come to work for the next however many years wondering if someone is going to find out? Not me.. Good luck!!

S.B.

 

[lr23sic]

Where do the majors send your finger prints? do they go to the state or to the FBI? That can make a big difference. Any ideas how to get info from the FBI? or how to make them get expunge a record?

 

[want out]

I had a misdemeanor in 96 due to a nasty divorce situation. I ended pleading no contest. As part of the plea agreement it stated that I could expunge my record after one year. The year past and I went in and filled out the paper work to expunge the record. It was granted. However, I don't think it takes it off the FBI crime files. This is what is searched when they take your finger prints. I was employed a year ago at a major when they did the fingerprinting. I requested a copy of my record. The charges where on the record. Not suprising.

I'm not sure if I can get them off the FBI files? Anyone know?

I plan on just stating the facts if I get interviewed. I've never been in trouble before.

I'm also not sure what happens after 3 years when the 10 years will be up.

good luck to all

 

[acarpe3448]

I had a misdemeanor conviction in my background that I was very worried about. I tried to have it expunged but the law in Texas stated that if the conviction listed in terms of probation than you you could not. I found that checking the boxes in the affermitive, and giving a very honest explanation was best. When the big interview came with a major airline I was terrified that the background check might show it (it had been more than 10 years at this point) so in the interview after all of the questions had been asked of me, the pilots asked me if I had any additional questions or concerns, I used this time to explain my situation, these guys were appreciative of the honesty, and I still got the job offer. Good luck to you, with the new security I would not try to cover anything, talk to an attorney first, call an investigator and pay to have a background check done on yourself and then always be honest.

 

[b757driver]

More background questions

OK, what about a first offense, misdemeanor of battery/DV with only an arrest, case pending?

I have a friend that was literally framed in a domestic dispute where the police were called, he was arrested and charged and on advice from his attorney pled no contest in order to do a deal and avoid a conviction.

This person had absolutely no criminal history whatsoever and found himself in an almost impossible situation based on someone else's word and what the cops thought at the time. There were NO witnesses apart from the female who changed her story several times. The female was his wife! Unfortunately, even though she did NOT press charges, the city always prosecutes. He apparently held her wrists in a heated argument to calm her down/in self defense. This is still construed as DV and it's a known fact that when police arrive on the scene, someone is going to get arrested & go to jail. And it is usually the male.

The interesting thing here is that a few weeks later SHE wanted to reconcile (which they did & NO problems since then) but they could not get rid of the charge. Also, they both went to counseling and the male friend voluntarily went to anger management classes for 26 weeks!

The plea bargain was continue with anger management and complete, stay out of trouble until August and then the charge will be dismissed and the attorney will get the record expunged. This deal was reached with the city prosecutor because it was, in essence, not a stereotypical battery case.

This guy has gone to extraordinary lengths to do all this. He is back with his partner and really the law took on a life form of its own. He really deserves a break.

My question is, even though this is a misdemeanor and he has NOT been convicted of anything, he still did time and has an arrest record. He intends answering truthfully on the app (yes they are asking everything now - misdemeanors/felonies, guilty pleas, convictions and even no contest pleas), is this "blemish" and disclosure on the application going to screen him out with no chance to explain in a one-on-one interview? Also, what is the best way to word his answer under "if yes, explain in detail" on the app?

The alleged offense took place last Christmas and the only thing on record, at the moment, is the arrest for probable cause battery/DV.

If anyone else out there has had a similar situation or knows someone who has, would be grateful to pass on to this guy - good or bad outcomes, all welcome to tell their story.

Thanks.

 

[cocknbull]

For those of you worried about misdemeanors I would not worry about the FBI check. The FBI only knows what the state releases to them. MOST states only turn over felony convictions to the FBI. Check with your county's court to see what convictions are sent to the FBI. The airlines find out about misdemeanor convictions from county criminal records. When you fill out your application and you tell them what counties you have lived in for the past ten years the airlines check the county records for your social security numbers. If there is a match the record will show date, convictions, and degree of crime. to find out about what can be found on you, you will need the following:

1. County criminal record from every county you have lived in.
2. FBI fingerprint check. (not the state fingerprint check, unless this is the only state you have lived in)

For those of you who have misdomeanors and are scared about telling the airline. I say relax and tell the truth. I had an open container ticket from my senior year in high school. Most American men have had run ins with the law at some point in there life. Do not try to sugar coat your record by trying to justify braking the law. Your explination should take only a few seconds to explain what you did, what you learned, and how your better today becuase of it. Do not dig a whole by trying to make your crime seem less of a crime becuase of your state of mind or environment. If they have any other questions they will ask.

 

[b757driver]

Employment Application Question

cocknbull, thanks for yr advice. I think my friend knew most of that anyway (ie. post interview background checks etc.)

However, the point of asking the question was not what happens & to be honest. He knows all that and knows what to say if he gets as far as the interview.

He has an application with the VERY specific question:

Have you EVER been convicted, pleaded guilty or nolo contendere to a MISDEMEANOR or felony?

Considering the CURRENT disposition of the case, he needs to know SPECIFICALLY how he should answer this question. Apparently when he checked with the court clerk, the computer spat out the case #, charge and review date of Aug 11. So the case, as it stands, is pending. He also found out that he did NOT make any plea (he thought by signing that court paper to do a deal, it was no contest). The computer records show NO conviction, he certainly did not plead guilty and apparently, he did NOT even plead nolo. I'm no lawyer but looking @ the facts as they stand, morally and legally, he should respond NO to the question and if his interview is AFTER the Aug date, explain the situation upfront in the interview with papers to back it up.

This IS a very delicate situation - I have heard of countless cases of foul ups by court personnel with records being supposedly sealed and/or expunged - whatever - and things have been left out to hang. Professional. legal people DO make mistakes sometimes but usually it's their clients that continue to suffer.

As for not worrying about misdemeanors, why then do airlines bother asking? They never used to, now they ask all kinds of things. Next will be have you ever been arrested?

Unfortunately, in my friend's case he has been 'treated" guilty since the git go and has had an uphill battle to prove innocence. He relinquished that right when he realized that the odds were stacked against him and a conviction likely. Basically he got a slap on the hand and will probably have the charge/case dismissed next month. BUT in the meantime, he has to answer that Q and turn in the app. After what he has been through the past 9 months, this guy deserves a big break - and this opportunity could be it - provided this situation is handled right starting @ the application. By the time he gets to interview (if?), there will be a clearer picture and he has the ability to handle this in a one-on-one. But he needs to get there first and that depends on how high he "scores" and what he says on the app.
Any pilot-attorneys, para legals or such out there that could give a reasonable answer here. His own attorney, unfortunately, is very evasive and does not understand the issues involved.

Thanks a lot.