Misdemeanor question

[LegacyDriver]

Sida Badge Requirements

If you don't fall into the following don't sweat it:

http://www.washingtonwatchdog.org/documents/cfr/title49/part1542.html

49 CFR 1542:

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 (d) 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 (d).


MISDEMEANOR DESTRUCTION IS NOT DISQUALIFYING. Your current company doesn't care because it doesn't HAVE to.

I probably wouldn't mention it unless specifically asked.

 

[Hawker dude]

Yes, I can honestly say I have never commited a felony, never vandalized, destroyed anyones property or stolen. Funny thing is I have never had the desire to do so. Not sure how you get your correlation from commiting crimes to the realities of the industry as far as contracts go. But whatever floats your boat.

Since I work for a major airline and this felon wishes to work for an airline. If I were on the review board I would not hire him. I suspect that many on the hiring boards would feel the same way. If you have two candidates and one has a conviction for smashing mailboxes (oh how sweet and cute it really is I suppose) and the other was a law abiding student/citizen/young adult that was focused on his actions then I bet the board hires the good guy and tells the crook to take a hike.

I suppose you support leniancy for those kids that were using baseball bats on the homeless in FLL. Caught the buggers on CCTV and they were all rich kids that had every opportunity in the world. Yet they chose crime and without consequences they will never learn their lesson. This chap would be a great guest speaker at high schools with his McDonalds outfit on explaining how he lost his dream career due to STUPID actions.

Just like Limbaugh, Kennedy and this bloke. You break the laws there needs to be reasons to not do it in the future and there needs to be penalties for a persons actions. This kid did not call the cops and confess. He like Limbaugh and Kennedy confess their improprieties once they get nipped. Situational ethics don't play in my camp.

Dude,

you're a dick. why don't you go play with your grandkids.

people make mistakes. i guess you're perfect? i don't think you are though. i think you suck and you're an a_hole.

Heck, I bet you voted for that NWA TA didn't you?

 

[Guitar rocker]

Yes, I can honestly say I have never commited a felony, never vandalized, destroyed anyones property or stolen. Funny thing is I have never had the desire to do so. Not sure how you get your correlation from commiting crimes to the realities of the industry as far as contracts go. But whatever floats your boat.

Since I work for a major airline and this felon wishes to work for an airline. If I were on the review board I would not hire him. I suspect that many on the hiring boards would feel the same way. If you have two candidates and one has a conviction for smashing mailboxes (oh how sweet and cute it really is I suppose) and the other was a law abiding student/citizen/young adult that was focused on his actions then I bet the board hires the good guy and tells the crook to take a hike.

I suppose you support leniancy for those kids that were using baseball bats on the homeless in FLL. Caught the buggers on CCTV and they were all rich kids that had every opportunity in the world. Yet they chose crime and without consequences they will never learn their lesson. This chap would be a great guest speaker at high schools with his McDonalds outfit on explaining how he lost his dream career due to STUPID actions.

Just like Limbaugh, Kennedy and this bloke. You break the laws there needs to be reasons to not do it in the future and there needs to be penalties for a persons actions. This kid did not call the cops and confess. He like Limbaugh and Kennedy confess their improprieties once they get nipped. Situational ethics don't play in my camp.

Man, you never once stole anything or wrecked anything when you were a kid??? I hope that you werent one of those poor kids that was locked up in a room during your younger years.

You cant compare smashing a mailbox with beating up homeless folks with a bat, setting them on fire and actually killing them. Two separate things. Young kids do stupid things....heck, I did too, but you learn from your mistakes. If the mailbox thing happened years ago (as in high school) and I was doing the interview, I couldnt hold that against someone. If it was a recent occurrence or if it were killing someone with a bat, perhaps that would be different.

Were all human dude and we all make small mistakes in life which we learn from (sounds like you didnt though). Yah cant hold THAT against some kid for the rest of his life.

 

[aussiefly]

Yes, I can honestly say I have never commited a felony, never vandalized, destroyed anyones property or stolen. Funny thing is I have never had the desire to do so. Not sure how you get your correlation from commiting crimes to the realities of the industry as far as contracts go. But whatever floats your boat.

Since I work for a major airline and this felon wishes to work for an airline. If I were on the review board I would not hire him. I suspect that many on the hiring boards would feel the same way. If you have two candidates and one has a conviction for smashing mailboxes (oh how sweet and cute it really is I suppose) and the other was a law abiding student/citizen/young adult that was focused on his actions then I bet the board hires the good guy and tells the crook to take a hike.

I suppose you support leniancy for those kids that were using baseball bats on the homeless in FLL. Caught the buggers on CCTV and they were all rich kids that had every opportunity in the world. Yet they chose crime and without consequences they will never learn their lesson. This chap would be a great guest speaker at high schools with his McDonalds outfit on explaining how he lost his dream career due to STUPID actions.

Just like Limbaugh, Kennedy and this bloke. You break the laws there needs to be reasons to not do it in the future and there needs to be penalties for a persons actions. This kid did not call the cops and confess. He like Limbaugh and Kennedy confess their improprieties once they get nipped. Situational ethics don't play in my camp.

Honestly, your arrogance is astounding. To state or imply that you have never had to make a morally borderline decision in your life is just ludicrous. Part of growing up is making the wrong decision occasionaly and in particular learning from them. To hose someone at an interview because when they were 18 they hit a mailbox is just downright disgusting. For you to state that you have always been on the square is almost a laughable lie.

Every single one of us has told a lie or committed a crime at some stage in our lives. Have you never sped in your car? never jay walked? never used a cuss word in public? ever broken a reg? these are but a few of the things which can and are considered a crime in certain jurisidictions at times. For you to imply that you are holier than thou is just absurd.

It seems to me that this is more about you being a Major mainline a**hole rather that a senior pilot looking to help and mentor younger guys. Are you that old now that you cant remember back to your youth?. I think your atitude is disgusting and let it be known that if your really like this in person that I would suggest you arn't very well liked by your brother pilots. Mainly due to the fact that I bet from your responses that you are a typical rat. Someone makes a mistake on your flight deck and you report them straight away. That seems to be your gig.

Honestly mate get over yourself. If you still believe that your above all of us and that your s*** doesn't stink than I suggest you take a good long look at your sheltered life and consider what YOU have experienced and contributed to this world.

In fact If this is indeed your true attitude (hard to tell on msg boards) I genuinely feel pity for you.

 

[32LT10]

aussiefly

Have you never sped in your car? never jay walked? never used a cuss word in public?

You are missing the plot big time. If possible this chap should have to ask the owner of the mailbox for forgiveness, carry this letter with him to any interview. Again, if I am making the decision on who to hire, it would not be a guy like this.

Mainly due to the fact that I bet from your responses that you are a typical rat. Someone makes a mistake on your flight deck and you report them straight away. That seems to be your gig.

My attitude with my crew is that it is only a mistake if we don't correct what happened. However, if someone willfully destroyed company property and or endangered the belongings of another crewmember then as the PIC I would have duty and a responsibility to not turn my back. The ALPA code of ethics should apply and the PSC should be involved in a situation that involves destruction of property and or feony actions.

I suggest you take a good long look at your sheltered life and consider what YOU have experienced and contributed to this world.

I suppose that to contribute to this world I must commit a crime? You must be in awe of the contributions of Bernie Ebbers, Charles Manson and various other crooks and criminals for their contributions to this world. Not sure where you connect being a bad guy and contributions to society. Too bad the Pope and Mother Theresa have never contributed to the world in your definition.

IMO, it all begins at home and this chap should been far more afraid of his parents than to attempt a stunt such as smashing mailboxes. His lack of fear and respect are what allowed him down this path. Without fear and or respect I would not want him in my cockpit.

 

[FN FAL]

Yes, I can honestly say I have never commited a felony,

Since I work for a major airline and this felon wishes to work for an airline. If I were on the review board I would not hire him. I suspect that many on the hiring boards would feel the same way.

Dude, if you don't know the difference between a misdemeanor or a felony, what makes you think that you haven't violated a felony law? You called the guy a felon...he was convicted of a misdemeanor.

Second, the only way you can know that you never committed a felony, or any crime for that matter, would be to know every law on the books. Which I don't think you do.

Third, I notice how you cleverly state, "I can honestly say I have never committed a felony." It's funny how you limited the scope of your declaration of being a "law abiding citizen" to "I have never committed a felony". Especially considering that the original poster was convicted of a misdemeanor.

 

[32LT10]

How about these fine folks that had their mailoxes destroyed by some poor innocent kids just having a good time.

http://www.findarticles.com/p/articles/mi_qn4186/is_20011103/ai_n11642584/pg_2

A federal crime. Felony or Federal crime I apologize for the misdiagnosis. However, I still stand by the idea that I would not hire this person. I would not trust this person around my company. He might upgrade from F/O to Captain at some point and celebrate by smashing company property.

He deserves whatever he gets on the short side of the stick. I would not mind forgiving him if the owners of the mailboxes were allowed to whack him over the head with a bat and let him see how funny it really is. Or just maybe the mailbox owners would be allowed to take a few Babe Ruth swings at this guys car. I am sure his Camaro would look real nice with some serious long ball attempts to the fenders and windshield. That would be absolutely hilarious. I am sure he could see the humor in the task.

 

[aussiefly]

aussiefly



You are missing the plot big time. If possible this chap should have to ask the owner of the mailbox for forgiveness, carry this letter with him to any interview. Again, if I am making the decision on who to hire, it would not be a guy like this.

hahahhaha oh my god! This guy is so hilarious. Let me guess at 50 years old when the young pilot is finally applying to a major or fedex after having a long spell at the regionals, hes going to front the board with a letter from the mailbox owner.

LOL! How about I get a letter of forgiveness from the kid who I stole his little matchbox car from when I was in 5th grade. I can include that in my application pack to HR.

Seriously Mate, get a grip.

P.S you still haven't answered the question. Have you ever committed a crime of ANY type (include speeding, parking tickets, fines etc)

 

[Amish RakeFight]

This might surprise you but many criminals are above average in intelligence. Maybe a few successful crimes that were documented might actually help land the job.

 

[MalteseX]

Petition for Expungement

I did a search on this subject and wanted to get something clear up. in the next few months I plan on applying for different airilnes. in 2001 (5 years ago) I was convicted of a 3rd class misdemeanor. My friends and i beat up a mail box after high school graduation. I recieved 24 months probation and community service. From my understanding I cannot work for an airline unless I have a SIDA badge, but right now I'm flying for a 135 outfit that has a secure badge that we wear. I plan bringing up the truth about this during the inteview if asked. This company I work for doesn't seem to care about it, i was just wondering how does most airline feel about it? will I get turned down for a job right away because of this?

It does not disqualify you per the TSA because it does not "fit" any of the listed crimes (posted in another post).

Check with the laws of the state where this occurred. Most have means of petitioning a court (after a period of time) to expunge your records for misdemeanors. This means that the record "disappears" from everyone except law enforcement. Or if you go for a top secret security clearance. Any employer will not be able to see the record. However, I would still bring it up in an interview. If it causes you problems, and don't seem to be getting hired, you can revert to "not" mentioning it. As per the law, if the record is expunged, your conviction truthfully and by law disappears. You are not innocent, but you also do not have a conviction on your record anymore.

Whether you get the job depends on who is hiring THAT DAY. What I mean is that will you get hired at Airline X or Airline Y? Well, it depends on who is on the hiring boards that day. As you can see from the threads above, there are varying opinions on this. If some of the guys are on the board that think this is serious, you won't get hired. If you have the other guys that do not seem to think this is bad, or had done it themselves, you don't have to worry about it.

In many companies, your interview and qualifications are 'scored' and you receive a point value. This conviction will take points away, but if you have other points to overcome the conviction you will get hired. But remember, you are competing with guys with better qualifications than employment with a 135 operator and who have no convictions on their record. With expungement, you will get no subtracted points.

Bottom line : Can you get hired? --- absolutely. Will it be a problem/detractor? Yes. Unless you get a court-ordered expungement, you'll have to do "better" in the interview to get hired. Remember, it's a competition WITH WHO IS THERE THAT DAY.

Get it expunged and you can stop worrying about this issue.

 

[FN FAL]

If you have two candidates and one has a conviction for smashing mailboxes and the other was a law abiding student/citizen/young adult...

You can use assumptions to reward the one that didn't get caught doing anything wrong.

 

[LegacyDriver]

I think it is a non-issue... You can spin it to your advantage.

I learned from it yadda yadda yadda...

Unless the application asks about it then don't bring it up... You will pass the SIDA background check so in the end it doesn't matter imho. If you truly learned from it then you'll be fine.

 

[Way2Broke]

I know of people with alot worse on their record than you that have had very successful aviation careers. Spin it as a "learning experience"

 

[smellthejeta]

I know of people with alot worse on their record than you that have had very successful aviation careers. Spin it as a "learning experience"

What did he learn? Next time, don't get caught And if you do get caught, don't voluntarily let the cop search your car.

 

[~~~^~~~]

Almost everyone has had a speeding ticket, which is a misdemeanor. We all were hired somewhere to fly airplanes. The misdemeanor is no big deal.

If I were making the hiring decision the issue of tearing up someone else's property would bother me. You will want to find a way to reassure the interviewer that you re-evaluated your actions and hopefully you and your buddies fixed the poor schleps mailbox.

Respect for other people's stuff is a big deal when the other person's stuff is a $25,000,000.00 aircraft. There is also the issue of whether you would allow a buddy in the flight deck to talk you into doing something dumb in the airplane. Also, those of us who travel for a couple of weeks at a time get really torqued when our mailboxes have been damaged and the mail has been re-routed, returned, lost, or run over and cut to shreds by the lawn service.

Almost everybody in the business has some sort of minor history. Don't sweat yours. Prove your resilience by not allowing this to slow you down.

 

[Snakum]

Get it expunged and you can stop worrying about this issue.

Wrong ... wrong ... wrong. Run a search. No such thing where federal background investigations are concerned. Straight from the people who do them.

Geez!

 

[FN FAL]

Almost everyone has had a speeding ticket, which is a misdemeanor.

A speeding ticket is a Motor Vehicle Code violation. It's less than a misdemeanor.

 

[abxaviator]

Get it expunged and you can stop worrying about this issue.

Most applications ask if one has been convicted. Having it expunged does not erase the fact that one was convicted. Answering "No" would therefore not be truthful and if somehow discovered, would most certainly lead to not being hired or even fired after the fact. If misdemeanor conviction is addressed on the application, answered factually and unemotionally. Do not bring it up in an interview unless asked and then calmly state the facts of the matter and how that is no reflection of your current self.

 

[groundpointsix]

Most applications ask if one has been convicted. Having it expunged does not erase the fact that one was convicted. Answering "No" would therefore not be truthful and if somehow discovered, would most certainly lead to not being hired or even fired after the fact. If misdemeanor conviction is addressed on the application, answered factually and unemotionally. Do not bring it up in an interview unless asked and then calmly state the facts of the matter and how that is no reflection of your current self.

Get the advice of a lawyer; I'm sure someone probably said it before but it bears repeating. For example, in Ohio if you get something expunged it specifically says in the state law that you are not required to disclose your arrest or conviction to anyone, including a potential employer. Would I want to make absolutely sure it wasn't going to show up in a background check if I weren't going to disclose it in an interview? Absolutely. It would be far harder to try to clean up the mess if something were discovered after you denied everything. Would I feel guilty about not disclosing something in an interview in this case? Not at all. It's a right granted to someone who has had a run in with the law and I would be exercising that right. Just something to think about. I'm not giving legal or ethical advice.

 

[MalteseX]

Most applications ask if one has been convicted. Having it expunged does not erase the fact that one was convicted. Answering "No" would therefore not be truthful and if somehow discovered, would most certainly lead to not being hired or even fired after the fact. If misdemeanor conviction is addressed on the application, answered factually and unemotionally. Do not bring it up in an interview unless asked and then calmly state the facts of the matter and how that is no reflection of your current self.

Having a conviction expunged does indeed erase the conviction. It is legally as if the conviction never happened. At least this is the case in the state I'm am currently a resident of.....

Now, having said that. If somehow an employer discovers a misdemeanor conviction having been expunged and doesn't hire you for not disclosing it... well, they can do that. It is their company and they can hire who they want. Also, you may feel you are lying if you answer "no", as you indicated above. You feel they'd be lying; and I kind of agree with you.

However, in a pure legal since, the conviction was erased and it as if it hasn't existed, so you can "legally" answer "no". In fact, according to the laws of my state, if the expunged record ends up on a background check, the person at the agency that disclosed the conviction (that was under a court order to seal the records) are THEMSELVES guilty of a misdemeanor--and criminal action can be taken against the agency disclosing it---as well as civil action (lawsuit) against the agency conducting the background check.

I just did a background check of a couple of guys who disclosed to me misdemeanor convictions that had been expunged (I guess they were worried about it)..... the convictions did not appear on any of the material that came from the background investigation.