If a Commercial Pilot was arrested for a misdemeanor but no charges ever pressed and therefore no conviction does he have to voluntarily disclose that to 121 135 airlines on the interview? Because usually on applications they ask about any misdemeanor or felony convictions, not about misdemeanor arrests not related to traffic that led to nothing. Even with the arrest expunged apparently the background check that gets done will still disclose the arrest. So the question is, do you tell about something like that even if you don’t get asked, or do you wait until you get asked, if asked at all.
Sub,
All the applications I’ve ever seen ask “have you ever been arrested, convicted, etc etc?”, not has it been expunged, did you plead it down etc. If you’ve been arrested the answer is YES.
Adam
The questions on medexpress ask:
If you have ever been arrested or convicted for a traffic related cause?
If you have been convicted of a non traffic related cause.
Medical certificate is not a problem. Getting hired with an arrest record even if you were never convicted of a crime is.
And in applications online for Regionals most of them ask if you have ever been convicted of a misdemeanor or a felony.
I wasn’t talking about MedXpress, I was talking about airline applications. If that’s what they say now then you’re ok. This really isn’t difficult. Answer the question honestly and you’ll be fine, BUT know if there’s a “by the way…”, you could have an issue because EVERYTHING will come to the surface.
Adam
Would you recommend saying it even though it was never asked and the only requirement is to pass the TSA check for SIDA badge and PRIA
I would just answer the question exactly as it is asked. If it is :have you ever been charged with…" then answer yes. If it is “have you ever been convicted of…” then answer that truthfully.
The arrest record still shows because expungements are at the state level and the federal government does not generally recognize expungements.
Chris
Actually the thing is I was not even charged:
“ The best outcome in any criminal case is a dismissal of the charges before they are ever formally filed.” thats a “No Action” in my county.
I will never lie when it comes to an application. But what scares me is the thought that if they never ask me the question “have you ever been arrested” and then they see it on the background check they may think I’ve been withholding information. I may just be overcomplicating it but it’s as simple as I was arrested, never charged, never convicted.
It is really quite simple, if they ask if you were arrested, the answer is yes. If the ask if you were convicted, the answer is no.
I think what @Subpilotquestions is asking is should they volunteer information about their arrest.
If I understand the question correctly it seems like perhaps you don’t want to be accused of withholding information about the arrest if you are not directly asked?
What I would do is contact the airlines directly to get a clear answer but I am leaning towards yes, you should disclose even if you are not asked just to be on the safe side, but best to talk to the source.
Tory
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I’ve been offered a job for a 135 cargo, I am supposed to start indoc on Monday but this arrest thing just doesn’t let me sleep at night. Even though I have never been asked if I have ever been arrested I guess I’ll just voluntarily disclose it before even starting and hope for the best. It’s just so annoying because not being convicted I just feel like I am still gonna be judged as if I was guilty of a criminal offense.
To be clear on this, none of us are able to offer legal advice. It would be best if you consulted with an attorney that specializes in aviation law.
Sub,
First off Chris is right, none of us are qualified to give legal advice. That said, and by now I think you know I’m not a fan of loopholes, lying etc, but if you haven’t been asked you haven’t been asked. That’s it. Again I really think you’re over complicating this and I certainly wouldn’t be losing sleep. You’re not expected to disclose every misstep of your life. This is a job, not a confessional.
Adam
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I have tried reaching out to multiple aviation attorneys through my own google searches and also with the AOPA membership that I bought. I just renewed my 1st class medical no problems. I will have no problem getting a SIDA badge because I don’t have a disqualifying offense, and I have never failed a written test or a checkride in my life so I shouldn’t have problems in my PRIA check. At the end of the day it’s just a companies decision if they’d want to hire me. I wish I was asked. Like I said everybody just recommends me to do what I think is best, and by reading through all the forums it appears that just disclosing it would make my life easier if they decide to continue with me.
I would like to thank all the mentors that have taken the time to read and answer my questions, I know you guys are not attorneys but I really appreciate your opinions. Thank you very much.
Having done interviews for pilots it’s better to be up front. I I interview several pilots who got DUI. during colleges and went through the court orders to keep it off the record. Most guys disclosed it and we understood it was college. They were now older and wiser. We hired them. Honestly will go over better than them finding out then you’re digging yourself out of a deep hole.
You are not going to work for Google. Airlines since 911 do extensive checks. FBI and levels of checks as if you were going into the military. If there is something even if it was expunged they will find it. Answer the questions honestly lying will cost you a job more times than telling the truth. Airlines know the type of people they want and realize depending the offense if they would still trust you to fly for them. My interviewing experience most of the time was things done young and in the past were overshadowed y what the individuals had now done with their lives as adults. Good luck. Be honest relax let them know who you are now and you will be flying high soon.