Conviction

[Corain]

Two years ago when I was in High School I was camping with some friends. Two of them were smoking marijuana and a park ranger caught them while they were at the campfire with us. The ranger called everybodys parents and sent them home except for me, because I was the only one over 18. I got a conviction for possesion of controlled substance since I was the only one being 18. The charge turned into a Class "B" Misdemeanor.

I am a Private Pilot and working on my instrument rating. I have been wondering though...how is this going to affect my future flying career?

I want to find out if I am even going to be able to get a good airline or corporate job in the future before I spend the money to go to flight school.

Other questions are: How long will this stay on my record? And, are there any ways to get the charge removed from my record?

Any input is appreciated...Thanks.

[GlueBall]

TSA fingerprint based criminal history check is applicable 10 years. If you had a conviction within 10 years no U.S. airline can legally employ you. :{

[Intruder]

If you had a conviction within 10 years no U.S. airline can legally employ you.
More specifically, if the crime is on the FAA/TSA list, the airline can't hire you. If the crime is NOT on the list, they CAN hire you, but probably will not. There are too many qualified pilots out on the street right now...

[av8boy]

A quick gander looks like you need to have been...

"...convicted, or found not guilty of by reason of insanity (or guilty of conspiracy or attempt to commit)...

--Distribution of, or intent to distribute, a controlled substance... [or]

--Felony involving... Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year."


...to be automatically cut on the basis of the background check.

Now, that's HIGHLY snipped and it sure isn't legal advice, but I'm not sure that, from a strictly fingerprint-based CHRS standpoint, you're automatically in trouble here. On the other hand, Intruder is probably on the right track... there are lots of folks out there without ANY criminal record, and there's little incentive to employ someone who does have one.

If it were me (and I mean that most literally--I'm not for a minute suggesting a particular plan of attack), I'd probably seek out someone who makes these sorts of hiring decisions and try to get into a frank discussion. You'd be aiming for someone above the rank-and-file... the HR worker-bees will tell you that "we NEVER hire someone with a drug record," etc, and leave it at that. You're looking for someone who can actually use his or her brain and has the authority to make this kind of call. There's always the chance that being up-front and honest may counter the baggage you're bringing to the party. I'd be working hard to develop a network of people who might be in such a position (my initial instructor had a student who ended up being somebody who knows somebody, etc).

[GlueBall]

Intruder: There is a limitation of 10 years for any disqualifying offense; read the Federal Register: Part 107.209 :ooh:

For example, it became known that the Air Transat captain who managed to land his A330 "glider" at the Azores in the middle of the night had spent some time at Atlanta Federal Prison for drug smuggling many moons ago. :oh:

[JJflyer]

FAA was so kind to provide this:

FAR 107.209(2)(d)

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 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.

[Aussie]

Felony involving theft...
does that mean if someone steals something from a shop
at age 18, they are disqualified???

Surely not.

If so, does that mean that after 10yrs you no longer have to declare having a conviction or just means you can be issued a security pass?

Cheers

[Intruder]

There is a limitation of 10 years for any disqualifying offense;
That may be the FAA limitation, but it doesn't limit the company's consideration of an offense...

does that mean if someone steals something from a shop at age 18, they are disqualified???

Surely not.

Surely, YES, if he\'s now less than 28!

A friend I worked with until 2 years ago had a misdemeanor conviction 8 years prior. Since then, that type of offense was elevated to felony level. He lost his job.

[Corain]

Thanks guys for all your info. It helped a lot. Hopefully, I will be able to get this conviction expunged somehow...:bored:

[Secco]

Any person Disqualified Under the TSA's 12-5 Security Program, please contact me at [email protected]. I am fighting to get Congress to force the TSA to Pass a Waiver Process for individuals who have been disqualified for convictions previously reported. This rule at best does NOT Disqualify any Terrorists at all, but only repunishes Americans who are trying to get rehabilitated. The 10 year "Look Back" could change to 15 or 20 years. It's not based on any "Standard". Individuals can contact me at [email protected]
Thank you sincerely.