Nothing I'm Proud Of...

A

ALittleNervous

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It is with great humility that I put this out there requesting some information.

While I'm very proud of how long I've been clean and on the straight and level in my recovery, I have had a bit of a past.

Five years ago, I picked up a case for possession of a controlled substance. Yes, I was a junkie. All probation and and treatment requirements have been completed successfully, and I've had no dealings with any more drug problems, have been off probation for over two years, all the good stuff.

While I am only going for my sport certification and won't have to undergo a medical, this still is required to be reported. I did not lose my driver's license over this matter, but it is still on my record for another year, at which point, I can have it expunged.

Will I get shut-down for my sport, or even my student certification because of this? I was never involved in any flight training during the time of my addiction, as I've only been flying for a year. Basically, my question is--should I wait another year to get this expunged so I don't risk being turned down for my sport, just keep building up my hours with an instructor present? I have over 20 hours and am still unsure as to whether to get my student cert or just wait it out. But, obviously I can't solo unless I have that, and honestly, I'm tired of paying an instructor $40 bucks an hour to babysit me if I don't have to just because I'm afraid to get turned down for any kind of certificate.
 
For sport pilot, there is no no medical. However, you will need a sport student certificate, which asks the question about previous drug convictions.

Uncharted territory. Sport pilot isn’t a medical branch issue and I’m not sure anyone really knows what the outcome would be. However, it is almost certain your student certificate would be denied.

I believe your course to flight is through obtaining a 3rd class medical. That probably entails 2 years of proven abstinence, random testing and counseling before you can try for a medical. It will be expensive and you have to be completely dedicated to proving to the FAA that you are “better”.

Consult with a HIMS Aviation Medical Examiner (AME). They can lay out the course for you. Once you have the medical, it comes with a student certificate, so you will be good to solo.

Best of luck.
 
bflynn said:
For sport pilot, there is no no medical. However, you will need a sport student certificate, which asks the question about previous drug convictions.

Uncharted territory. Sport pilot isn’t a medical branch issue and I’m not sure anyone really knows what the outcome would be. However, it is almost certain your student certificate would be denied.

I believe your course to flight is through obtaining a 3rd class medical. That probably entails 2 years of proven abstinence, random testing and counseling before you can try for a medical. It will be expensive and you have to be completely dedicated to proving to the FAA that you are “better”.

Consult with a HIMS Aviation Medical Examiner (AME). They can lay out the course for you. Once you have the medical, it comes with a student certificate, so you will be good to solo.

Best of luck.
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I concur ... 2 yrs many be variable. #3rd class is obtainable.
 
Regarding “expunged”, the question is “have you ever?”. That doesn’t go away with an expungement. Answer truthfully.
 
Brad Z said:
Regarding “expunged”, the question is “have you ever?”. That doesn’t go away with an expungement. Answer truthfully.
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Also, based on the previous thread about expungement, there is still a record at the federal level, so it’s trivial for the FAA to catch this.
 
So if you have the conviction after getting your sport pilots license you’re fine, but having a conviction before your student pilot’s certificate you’ll be denied?

Who denies the student certificate? The AME isn’t even involved, right? The FAA directly?

Are you a member of the EAA or AOPA? Call them and hunt down an answer ALittleNervous.
 
You apply for a sport student certificate with the FAA at a Flight Services District Office (FSDO) or “fizz-do”. On the application form 8710-2, there is a question about drug use.


After you have your pilots license, you are responsible for monitoring your own fitness to fly. If this were to occur after you have your license, I guess it’s on you to determine your fitness. That isn’t code for “yeah, just go fly”, it means you need to decide if you are safe.

If it occurs as the result of a motor vehicle stop, then FAR 61.15 kicks in.
 
bflynn said:
Uncharted territory. Sport pilot isn’t a medical branch issue and I’m not sure anyone really knows what the outcome would be. However, it is almost certain your student certificate would be denied.
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How can you say that no one knows what will happen, and at the same time be "almost certain" he will be denied? Contradict yourself much?

Got anything to back up the second claim?
 
3rd class:
Yes obtainable but many many hoops through which to jump.
Can you document 5 years of sobriety?
 
dmspilot said:
How can you say that no one knows what will happen, and at the same time be "almost certain" he will be denied? Contradict yourself much?

Got anything to back up the second claim?
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We have never seen this question before, so we don’t know. But it’s a pretty good guess that they will say no.

Do I have something that backs up my guess? Yes, the safety attitude of the FAA coupled with their hyper sensitivity to drip and alcohol issues. There’s a reason that question is on the form.

It’s a strong inference. Was it really that hard to get?
 
bflynn said:
We have never seen this question before, so we don’t know. But it’s a pretty good guess that they will say no.

Do I have something that backs up my guess? Yes, the safety attitude of the FAA coupled with their hyper sensitivity to drip and alcohol issues. There’s a reason that question is on the form.

It’s a strong inference. Was it really that hard to get?
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A guess, based on how you feel about how the FAA feels...really? You think that's worth posting?

How about some actual facts?

§61.15 Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or
​
"Up to" 1 year after the conviction. Doesn't sound as hopeless and futile as you made it seem. Quite the opposite, actually.
 
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Yeah, but it doesn't really cover the use of drugs. I immediately went to that section and it seemed to me to be covering trafficking rather than drug abusers.

I've seen a very old procedures manual for sport pilot examiners which uses the same 1 year date, but I can't find the current one, so I have no idea if the standard has changed. However it is only sport pilot, so it might be permitted. On the other hand I've seen some equally old documents, such as a Clinton era presidential memorandum which states that any history of drug use is incompatible with being an air crew. Just do not inhale I guess. No idea if IACRA changed anything.

As I said, uncharted territory. We've never seen this before, so it's a bit of a dice roll.
 
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bflynn said:
Yeah, but it doesn't really cover the use of drugs. I immediately went to that section and it seemed to me to be covering trafficking rather than drug abusers.

I've seen a very old procedures manual for sport pilot examiners which uses the same 1 year date, but I can't find the current one, so I have no idea if the standard has changed. However it is only sport pilot, so it might be permitted. On the other hand I've seen some equally old documents, such as a Clinton era presidential memorandum which states that any history of drug use is incompatible with being an air crew. Just do not inhale I guess. No idea if IACRA changed anything.

As I said, uncharted territory. We've never seen this before, so it's a bit of a dice roll.
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No, 61.15 doesn't cover "use of drugs" but nor does form 8710 ask about "use of drugs"; the form asks about convictions for "violation of any Federal or State statute", then asks for the date. They have the same wording.
 
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Work with the FAA. Persistence is everything. I had messed up pretty bad earlier in life. Spent a lot of money and time, but I eventually got my unrestricted 3rd Class Medical.
 
Congrats to the OP on getting clean and remaining that way. I saw my 24 year old brother take his last breath with my own 2 eyes due to dope. Best of luck with getting your medical. Fly safe
 
Cruzinchris said:
Work with the FAA. Persistence is everything. I had messed up pretty bad earlier in life. Spent a lot of money and time, but I eventually got my unrestricted 3rd Class Medical.
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Nailed it brother!! Persistence. Also, a whole lot of time AND money is the key..
 
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