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Issue of frozen ATPL with criminal record

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Old 22nd Aug 2013, 00:10
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Issue of frozen ATPL with criminal record

I've got a charge on my record for supplying a class A drug from a few years ago, I even did some jail time for it. I'm also a pilot studying for my ATPL. I know this would prohibit the issue of an airside pass, but will be working overseas so that doesn't matter. What I want to know is, will this have any bearing on the CAA issuing a commercial licence?
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Old 22nd Aug 2013, 04:16
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It will have a bearing overseas as you generally have to get a letter from the police confirming no criminal record in countries where you have lived/worked in order to get an airside pass.

The CAA will take your money and issue a license regardless. It has no bearing on your ability to fly.
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Old 22nd Aug 2013, 13:40
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Agreed. If it is spent then it won't be an issue.

Overseas might however be an issue but since you will need a report from the local cop shop and if it is spent then I am assuming that won't show up either.
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Old 22nd Aug 2013, 14:19
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Applies.

The only real problem is for travel to other countries i.e the USA where rehabilitation of offenders act wouldn't apply and I believe your technically ineligible for entry without a waiver of inadmissibility.
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Old 22nd Aug 2013, 21:48
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Thanks for the info. I'm really only focusing on the ATPL as I know I can get work in Africa, but I'd hate to get to the end of my remaining training (exams and IR) and the CAA refuse to issue a licence. I did contact them but the answer was ambiguous. Understandably they seemed more concerned with drug use- which isn't relevant to me. Also, unfortunately my conviction is not spent
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Old 23rd Aug 2013, 17:53
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Supplying a Class A drug is most definitely a "Crime involving moral turpitude". According to a quick google, waivers have a 83% denial rate and US is normally very strict against drug-related convictions, so getting a visa for the USA will be almost impossible.
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Old 24th Aug 2013, 14:19
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I too am in a similar situation, have have a minor conviction on my record relating to the animal welfare act.
I can't find any evidence of it being on any of the disqualifying lists....would anybody know if it would affect my chances of training and later of a job?

Sorry to hijack the thread, didn't want to start another on the same subject!
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Old 24th Aug 2013, 19:43
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Of course I try to help here, and searched for this Rehabilitation.
Rehabilitation of Offenders Act 1974 - Wikipedia, the free encyclopedia

Then you read this part. Examptions.

There it says, thats how I understand that you have to notify the company where you apply for a job, since, you are going to work in transport.

But on other hand, I filled in BA Cityflyer application. There they ask if you have a conviction which is not spent. But that confuses me a bit. In my case nothing wrong, so nothing to worry about, but according to written in Rehabilitation of Offenders Act 1974 it says you have to notify that company you apply for. I am just saying. So this spent, is totally clear. After a certain amount of years you dont have to tell the company about, but in transport you have to.
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Old 25th Aug 2013, 16:26
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Of course Wiki is not the best, but I think on this topic, It should be quiet accurate. I hope. Though. I was just wondering.

But this could be an eye opener for the ones who might have been in a situation like the topic starter.
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Old 27th Aug 2013, 09:57
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Its none of the CAA's concern whether you have a criminal record. All they are interested in is your ability to jump through the licensing hoops and have the required experience and test passes. The problem for you may come later on. Even if you do not have to disclose spent convictions to an employer there is often the crafty "catch all" question in the application; "Do you hold an unrestricted passport valid for worldwide travel?" If you have any kind of criminal record (including i believe formal cautions as well) then some countries eg USA and Australia will not automatically grant you entry.

Last edited by Private jet; 27th Aug 2013 at 10:02.
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Old 27th Aug 2013, 14:38
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Irrespective of any licences you may hold, sadly for you, your conviction will prevent you obtaining an airside pass at any UK and EC airport.

One of the criteria for the granting of the issue of an airside pass is a Criminal Record Check and your past crime is listed as a disqualifying event.
Read https://www.gov.uk/government/public...tions-aviation

The disqualification is proportionate to the disposal and time in jail.
A person shall fail the criminal records check where it reveals a conviction for a disqualifying offence which has been received within:

the last 5 years where the disposal was other than a term of imprisonment.
the last 7 years where the disposal was a prison term of 6 months or less.
the last 10 years where the disposal was a prison term of between 6 months and 2 and a half years.
within any time period where the disposal was a prison term of more than 2 and a half years.
Even if you had the licences and then committed the crime, your pass would not be issued at renewal date because you have to go through the Criminal Record Check each time.

Without the airside pass no airline would employ you.

HWB

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