Sealed record and the FBI records check

Hello! Looking for some answers. I have completed my ratings and got on with a charter. Looking forward to the future, I need to know if my sealed Colorado record will be visible on an FBI background check. I was charged with a misdemeanor in 2012, accepted a plea bargain for a differed sentence and after completing community service the charges were dismissed. I have confirmed with the Colorado bureau of investigation that the sealed record will not show up on a standard FBI background check due to the states action of disconnecting the FBI record number from the record. However, if the background check is an official law enforcement FBI background check it will be visible. From my research this type of FBI records check is only conducted for hiring LEO’s. Is this correct? Also, does the airline itself submit for the records check or does the TSA? Basically when you apply for a pilot job flying aircraft over 12500 is it a standard FBI background check or a Law enforcement FBI check. Thank you for taking the time to read my post, hoping to get an answer.

Brad,

None of us are legal or technology experts. What I can tell you is that airlines ask: “have you ever…” and if you lie and they find out, they will fire you. The truth always surfaces and you are still responsible for your crimes, sealed record or not.

Chris

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Totally understand! However under the deferred adjudication I received I am not required under any circumstance to disclose the arrest.

Also I was never convicted of any crime

Brad,

How have you been answering the question on the FAA medical application? If the arrest involved a controlled substance, you have to report it.

Chris

No drugs, it was a misdemeanor Disruption of 911 phone call with the DV enhancement. Don’t throw cell phones boys. Haha

Brad,

I believe the problem you’ll have is if/when you go to an airline in addition to the standard federal background check, you’ll also be subject to a full blown check for your airport security badge. In order to do walk around etc you need access to all the secure areas at the airport. From my experience that’s where they get people. They then report it to the airline who’ll pull your application and point to the “have you ever?” question. You’ll say according to the law bla bla bla and they’ll say thanks and good luck.

Adam

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That totally makes since. How SOL am I for getting on with the regionals then majors with full disclosure? That’s the only run in with the police I have ever had, no traffic tickets. Busted one checkride flight in school, have an associates now and finishing up my last year of college online. Thanks for your help! I really appreciate it.

I am going to check with international airport that is my home base now, see if they will give me a copy of my check for the SIDA. I guess that will officially answer the question.

Brad,

With the airlines so focused on surviving the impacts of COVID right now I couldn’t even begin to guess what anyone with a criminal record’s chances are at getting hired by a regional or a major.

When will the airlines start hiring again? Some say 2-4 years, but that could change. Most people I know thought most of the US would be back to “normal” by the end of the year and we all can see that that won’t be happening. Whenever the airlines decide to start hiring again, what will the hiring requirements be? Will applicants with criminal records even be considered? I honestly don’t have the answer to that question. Pre-COVID your chances of getting hired were strong. 2-4 years from now? Who knows?

Anytime anyone with a criminal record asks these kinds of questions I usually defer them to the airlines themselves to get a straight answer. It doesn’t hurt to ask, but don’t be surprised if they don’t get back to you or they can’t give a straight answer.

The fact is that no one is focused on hiring right now. Airlines are preparing furlough notifications all while trying to break even financially by the end of the year. I don’t have specifics, but airlines are loosing millions every day.

The good news is that if you decide to pursue flight training, it will have been at least 10 years since the conviction when you’re eventually eligible for the regionals and that’s the best thing you have going for you.

Tory

Tory,

Thanks for taking the time to write such a detailed response. I just signed a two year contract flying turbine for a charter, I am extremely grateful and blessed to find a career out of school in these times. So by the time I am putting my application out to the larger airlines I sure hope things will at least be close to normal.

Also, I was never convicted of a crime. The final disposition on the case was dismissed. Just the fact of being arrested is what I’m worried about. It kills me that a mistake I made when I 18 is going to possibly force me to check a box on any application that asks if I have ever been arrested. However, I will own it if it comes up and not cast blame on anyone but myself. Due to the Colorado records laws I am fairly confident the TSA cannot Legally share the results of the sealed records that will pop up on a law enforcement FBI check. Talks with a lawyer are in my future unfortunately.

Brad,

Not sure why you need to talk to a lawyer? To get permission to lie on your application? The question is “have you ever been arrested?”. You have it’s really that simple. There’s a reason the airlines ask? It’s not necessarily to immediately disqualify you, it’s to see who you are as a person. As Chris said the truth will come out, it always does.

Adam

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Brad,

Just be upfront and honest and I don’t really see this as being an issue. That’s just my 2 cents. Good luck and happy flying:)

Marcus

Brad,

I too now wonder why you think a convo with your lawyer is necessary? I don’t see any reason why you need to be focused on whether or not the records are sealed. It happened. Period. You will be checking that box. You will be asked. As you said, be honest and take responsibility. Express how that isn’t you anymore.

Tory

1 Like

Brad,

I am with Tory on this one. You were young, you learned from your mistake. As long as you can show a clean record moving forward, you should be fine. Keep in mind that this extends to your driving record as well. You need to show that you are a model citizen.

Chris

Thanks guys for the advice, I will take it. If I am asked about arrests I will own it and not make excuses! In 2 years when my current contract is up it will be 10 years since the incident so hopefully that will help when applying to fly for the big boys. :blush: