Have I Failed to Disclose?

A

Anonymous

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It’s possible I was arrested in 1980. I was a 20-year-old college student who got caught up in a police raid at a campus bar. I paid a small amount to get released, and got one letter about it while home the following summer. I really don’t remember the specifics, except I do remember sitting in a holding cell with some other students when an officer opened the door and said, “you guys come out of there. We’ve got someone who’s really under arrest.” So it isn’t clear to me that I was arrested at all. I was never given a court date, but the guy who loaded us in the paddy wagon might have used the words “you’re under arrest.” I just don’t recall. So......

1) I’ve been getting Third Class medicals since 1989. Only yesterday, thanks to something I read on PoA, did it occur to me that I might’ve failed to disclose an arrest. Again, it isn’t clear that I was actually arrested. Should I let this sleeping dog lie?

2) If I disclose this on my renewal, will it trigger an investigation into fraud and alcohol abuse?

3) I’m currently BasicMed, but have an opportunity to fly into Mexico.
 
Were you finger-printed and mug shot? Interviewed or paid bail? If not I’d say there is no record. Do an arrest record search in the town this occurred. That would answer your question...
 
No prints or mugshot, but I did give someone money. I don't recall what they called it, but it functioned like bail -- they wouldn't let me go home till I'd paid cast, about $40 if I recall. Google and I will have a discussion about arrest records. Good idea. Thanks.

I also don't remember what the letter said. For all I know, I pled no contest. All I remember about that was frantically checking the mail for weeks, making sure I got to it before my mom did!
 
Dunno without a lot more information which even you apparently don't know.

As is often pointed out in the discussions of expunction, "no record" might mean "maybe no one will find out," but not "didn't happen."

I guarantee you will get some definitive answers from non-lawyers but vague maybes from the lawyers in this group.
 
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midlifeflyer said:
I guarantee you will get some definitive answers from non-lawyers but vague maybes from the lawyers in this group.
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Natch. I was hoping for AME input, since that's the guise under which the FAA does that kind of snooping.
 
Anonymous said:
It’s possible I was arrested in 1980. I was a 20-year-old college student who got caught up in a police raid at a campus bar. I paid a small amount to get released, and got one letter about it while home the following summer. I really don’t remember the specifics, except I do remember sitting in a holding cell with some other students when an officer opened the door and said, “you guys come out of there. We’ve got someone who’s really under arrest.” So it isn’t clear to me that I was arrested at all. I was never given a court date, but the guy who loaded us in the paddy wagon might have used the words “you’re under arrest.” I just don’t recall. So......

1) I’ve been getting Third Class medicals since 1989. Only yesterday, thanks to something I read on PoA, did it occur to me that I might’ve failed to disclose an arrest. Again, it isn’t clear that I was actually arrested. Should I let this sleeping dog lie?

2) If I disclose this on my renewal, will it trigger an investigation into fraud and alcohol abuse?

3) I’m currently BasicMed, but have an opportunity to fly into Mexico.
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You haven't been "caught" despite having a medical for the last 30 years and you want to ante up unrequested info to the feds that could get you grounded? I'm not saying to lie, but jeez.
 
report it - don't worry about fraud. records will likely not be available. FAA will eventually send you a ltr saying continue flying and don't that shixt again.
 
You did hard time. Accept it. Own up to it. Move on.
 
lbfjrmd said:
report it - don't worry about fraud. records will likely not be available. FAA will eventually send you a ltr saying continue flying and don't that shixt again.
Click to expand...
I’m sure this is true, and is certainly the correct answer.

But in the OPs shoes the sayings “let sleeping dogs lie” “don’t poke the bear” “never use a beehive For batting practice” come to mind.
 
So I did a background check and did the best I could to query the records in the town where this happened. Nothing shows up before about 1990. I see a couple of problems with disclosing. If I disclose, I'm admitting to almost 40 years' worth of fraud. And I don't even know what to disclose on the MedXPress form. "Got taken to the police station in a paddy wagon for being in a bar when 20 years old. Gave someone a little money and never heard back?"

I'm liking the non-bear-poking approach, but it was easier before I gave it some thought.
 
What am I missing? You only have to report convictions, not arrests. The only arrests that have to be reported are those involving driving while impaired or that resulted in revocation of driving privileges or attendance in rehab. So if you were arrested, not while driving, and released without a conviction, there's nothing to report.
 
Apparently, that's true. All of 18 v is about arrests or convictions. But none of that applies to me. Looking at it more closely, I'm really worried about 18 w, which says "nontraffic convictions. . ." I may or may not have been arrested for an alcohol related crime, but I wasn't convicted of anything and there was no driving involved.

That's a load off. Thanks for making me look at the form again.
 
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