FOPA? Faux Paux.
Putting false information in your application for an airman medical certificate is falsification. Doing so with the intent to deceive to obtain privileges or gain, is fraud. Fraudulent Falsification in this case could go beyond FAA sanction; it can result in fines and imprisonment. This is more than a case of weather or not you are "screwed." It is a serious matter, and it is something you should NOT be discussing outside the walls of your attorney's office.
Get off your computer right now, and call an aviation attorney. Period.
With respect to the discussion regarding background checks and other pertinent information (NDR history, etc), don't get complacent thinking that a "statue of limitations" will protect you or hide your history. Not all agencies report to the FBI, but where criminal history is reported, and pulled in your "III" (NCIC III, or "triple eye") report, it's permanant. It isn't expunged, it isn't deleted, it isn't removed, and it doesn't go away with time.
Not all agencies report to NCIC. I was in law enforcement, and I also held a qualification to do checks, and enter data. I spent a lot of nights in dispatch, and held dispatchers certification...I ran a lot of criminal history checks, departmental background checks. I entered data in the NCIC system, sent and retrieved things at the state level with various bureaus of criminal affairs (BCI).
A DUI received at the local level may or may not get reported. Not all municipalities report all information...and up until a few years ago, not all states were part of the Drivers License Compact. It's very possible for someone to have committed an act, even a felony, that isn't reported. A thorough check will go back to locals and do wants checks, histories, check neighbors, girlfriends, relatives. For a security clearance, yes. For a PRIA check, no.
You should obtain your own NDR report to begin with. You should complete a background check on yourself. See what employers and the FAA is seeing. Obtain a NDR report. Visit your local police department and request a NCIC and III (criminal history) check. See what others see. Contact the municipality,, county, and state in which your arrest took place. See what each one is reporting. There will be a slight fee...but you shouldn't make any more applications or signatures until you have that information in hand.
If there is no record of your mistakes, then you should still seek counsel with an attorney. Most likely the attorney will advise you to proceed and not worry about the past; it's buried. But don't take that counsel from anybody but your own, paid attorney. If anything turns up (and from what you've posted, there's a good chance it will), you'll definitely need the attorney.
Don't feel insulated by "statutes of limitations." Don't feel insulated by the FAA's "stale complaint rule." You've deonstrated a history of willfull fraudulent misrepresentation; this is not administrative in nature; it's criminal, and may be prosecuted in that manner. It's not even a matter of giving up flying...at this point it's something you had better deal with, and you cannot do that without the guidance of a qualified, competent attorney.
Another problem you may encounter is that the FAA computerized the airman medical application system. Formerly, the paperwork was mailed by the physician to the FAA; now it's entered by computer. Any discrepancies on the form from previous years usually result in either a suspension or revocation of the medical certificate pending a soloution. The way that usually works is that you leave the medical office with your certificate in hand, and weeks or months later you get a notice from the FAA notifying you that you have a problem.
As it stands right now, you're looking at the automatic revocation of your medical certificate and any and all airman certificates held, with your inability to apply again for a year, if any of this comes to light. Your only choice, and your only chance is to handle this via an attorney who is familiar with the process. I strongly urge you to pursue that path without delay. What you do NOT want is for the FAA or a federal prosecutor to begin action first. You handle it proactively, and things will be far better for you.
Seek the reports on your own, and bring them with you to meet with an attorney. Your situation may well be salvagable, but not unless you seek counsel soon. Good luck!
Putting false information in your application for an airman medical certificate is falsification. Doing so with the intent to deceive to obtain privileges or gain, is fraud. Fraudulent Falsification in this case could go beyond FAA sanction; it can result in fines and imprisonment. This is more than a case of weather or not you are "screwed." It is a serious matter, and it is something you should NOT be discussing outside the walls of your attorney's office.
Get off your computer right now, and call an aviation attorney. Period.
With respect to the discussion regarding background checks and other pertinent information (NDR history, etc), don't get complacent thinking that a "statue of limitations" will protect you or hide your history. Not all agencies report to the FBI, but where criminal history is reported, and pulled in your "III" (NCIC III, or "triple eye") report, it's permanant. It isn't expunged, it isn't deleted, it isn't removed, and it doesn't go away with time.
Not all agencies report to NCIC. I was in law enforcement, and I also held a qualification to do checks, and enter data. I spent a lot of nights in dispatch, and held dispatchers certification...I ran a lot of criminal history checks, departmental background checks. I entered data in the NCIC system, sent and retrieved things at the state level with various bureaus of criminal affairs (BCI).
A DUI received at the local level may or may not get reported. Not all municipalities report all information...and up until a few years ago, not all states were part of the Drivers License Compact. It's very possible for someone to have committed an act, even a felony, that isn't reported. A thorough check will go back to locals and do wants checks, histories, check neighbors, girlfriends, relatives. For a security clearance, yes. For a PRIA check, no.
You should obtain your own NDR report to begin with. You should complete a background check on yourself. See what employers and the FAA is seeing. Obtain a NDR report. Visit your local police department and request a NCIC and III (criminal history) check. See what others see. Contact the municipality,, county, and state in which your arrest took place. See what each one is reporting. There will be a slight fee...but you shouldn't make any more applications or signatures until you have that information in hand.
If there is no record of your mistakes, then you should still seek counsel with an attorney. Most likely the attorney will advise you to proceed and not worry about the past; it's buried. But don't take that counsel from anybody but your own, paid attorney. If anything turns up (and from what you've posted, there's a good chance it will), you'll definitely need the attorney.
Don't feel insulated by "statutes of limitations." Don't feel insulated by the FAA's "stale complaint rule." You've deonstrated a history of willfull fraudulent misrepresentation; this is not administrative in nature; it's criminal, and may be prosecuted in that manner. It's not even a matter of giving up flying...at this point it's something you had better deal with, and you cannot do that without the guidance of a qualified, competent attorney.
Another problem you may encounter is that the FAA computerized the airman medical application system. Formerly, the paperwork was mailed by the physician to the FAA; now it's entered by computer. Any discrepancies on the form from previous years usually result in either a suspension or revocation of the medical certificate pending a soloution. The way that usually works is that you leave the medical office with your certificate in hand, and weeks or months later you get a notice from the FAA notifying you that you have a problem.
As it stands right now, you're looking at the automatic revocation of your medical certificate and any and all airman certificates held, with your inability to apply again for a year, if any of this comes to light. Your only choice, and your only chance is to handle this via an attorney who is familiar with the process. I strongly urge you to pursue that path without delay. What you do NOT want is for the FAA or a federal prosecutor to begin action first. You handle it proactively, and things will be far better for you.
Seek the reports on your own, and bring them with you to meet with an attorney. Your situation may well be salvagable, but not unless you seek counsel soon. Good luck!
