Become airline pilot with expunged record?

Discussion in 'Lessons Learned' started by Thecunningone, Aug 26, 2019.

  1. PeterNSteinmetz

    PeterNSteinmetz Line Up and Wait

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    Agreed that the exact meaning of a diversion depends on the state, and thus, whether it would count as a "conviction" which was expunged from the FAA's perspective. The OP made a number of statements which suggest that in Tennessee it may not have counted as a conviction at the time, though there is still some confusion here:

    Evidently AOPA legal counsel advised he disclose it in any case. Certainly the conservative thing to do if you don't want to be the test case. OTOH, that may have been unnecessary if in TN at the time the judicial diversion was not legally a conviction. Unfortunately, in these type of cases, there is often no clear answer.
     
  2. midlifeflyer

    midlifeflyer Touchdown! Greaser!

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    OK, so you don't think he should not consult a lawyer in Tennessee to review the court records, but instead rely on his memory and SGOTI. And thread drift into the meaning of expunction and the different ways courts handle cases should be cut off. Fine. You made your point.

    Again.

    You might also contact the Tennessee State Bureau of Investigation to correct them. They seem to think diversion involves a guilty plea and an expunction.

    Diversion allows a charge or charges to be diverted for an agreed upon amount of time once the defendant pleads guilty and agrees to conditions given by the judge. Once the diversionary period has been successfully completed, the charge or charges can be expunged.​

    Silly of them.
     
    Last edited: Sep 11, 2019 at 9:43 PM
  3. midlifeflyer

    midlifeflyer Touchdown! Greaser!

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    For anyone still interested - the OP has apparently resolved this with professional advice - out of curiosity, I did a tiny bit of research.

    There are - currently, so I don't know if applicable to the OP - two types of diversions described in the Tennessee statutes.

    One is a "judicial diversion" (TCA 40-35-313), which involves a guilty plea and a post-probation/post-conviction application for expunction.

    The other is a "pretrial diversion," technically a "suspended prosecution" deal with the prosecutor (TCA 40-15-10), which does not involve a guilty plea. The case is dismissed at the end of a probationary period. There can also be an expunction of that record.

    It is a dual diversion system which exists in a number of states, although the details vary. Whether one, the other, or something else was used in the OP's case involves, as I and others have said, a review of the record of the case by someone who actually understands what he or she is reading is essential.

    When I read the few NTSB expunction cases which exist , I could have wondered how someone could think they had an expunction when they actually didn't. I didn't really wonder because experience taught me the answer a few decades ago. This thread illustrates exactly how it could happen.
     
    Last edited: Sep 12, 2019 at 12:59 PM
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