did things backwards- completed third class medical, THEN did research

[Unregistered]

... and realized I may have screwed up bigtime

Yesterday (Friday) I got my 3rd class medical & student pilot cert issued by the AME in his office. As you all know, question 18w asks about criminal history.... I answered 'no' based on the fact that I have a 10 year old California felony conviction that has been judicially expunged (I have a copy of the signed order and minute order from the hearing).

After doing some reading (mostly on this website), I realize that I should have answered 'yes' and offered an explanation and brought copies of my paperwork to the AME. How quickly does the AME have to send their paperwork to the FAA? Is it possible to revise my responses before the application is sent? If not, is it possible to contact the FAA and come clean to them over the phone or by mail?

I should add that I'm an A&P mechanic and I don't want to end up losing that certificate due to making false statements on the medical application

 

[brcase]

I don't know how best to proceed however if you were my student I would I would call my local Designated examiner and ask him how to proceed. He is not an FAA employee, but should work closely with them. He could even inquire discretely for you on how to proceed.
If you don't know your local DE then ask your Flight Instructor who you should talk to.

Brian
CFIIG/ASEL

 

[poadeleted20]

Find an aviation attorney to negotiate a deal with the FAA before they find out themselves. If you contact them yourself, you may just be providing evidence to be used against you in a legal proceeding.

 

[AdamZ]

Ron's correct If you belong to the AOPA legal services plan make the call monday. If not then google NTSB bar association and look for an aviation attorney in your area.

 

[Unregistered]

original poster again...

Anyone know how quickly your typical AME transmits the medical application to the FAA? The AME guide only mentions 'timely'. How quickly would that be for an exam performed on a Friday afternoon before a holiday weekend?

Also- thoughts on submitting a NASA ASRS form in this situation?

Thanks again- I'm looking for a local aviation attorney to talk to Tuesday... unfortunately I'm not enrolled in the AOPA legal program

 

[bbchien]

You could just write AAM 331, Certified, and correct the entry.

PO Box 26200, Oklahoma City, OK 73125-0080

 

[Missa]

Really the only way to know if the AME has submitted your application is to call and ask them.

 

[Unregistered]

Really the only way to know if the AME has submitted your application is to call and ask them.

i had left a message late friday evening alerting the AME to my concern- i wasn't sure if he would be in his office today or not due to the holiday; the reason why i started this thread was to find out my options if he had already transmitted the application over the weekend.

turns out he did come in to work today, got my voicemail, called me back, and i was able to make the change to the medical application before it was transmitted. *whew* weight off my shoulders

he informed me that my history shouldn't be an issue, let me keep my student pilot cert/3rd class medical (i offered to surrender it back to him if he felt that was needed), and told me that if the FAA wanted more info they'd contact me directly.

thanks everyone for your suggestions- if nothing else, these responses will be here for the next n00b that makes a mistake :-D

 

[JeffDG]

You know, even though they're legally the same, an honest mistake (as it seems you made) and a deliberate evasion will almost always be looked on differently...reason is: The FAA is not some faceless body, but one made up of people.

Especially with the fact that you started trying to correct the mistake within hours of making it, I don't expect there would have been any real adverse consequences if the AME had already transmitted to application...I mean you might have gotten a letter from the FAA saying "Don't do it again." but that would probably have been it.

 

[Unregistered]

You know, even though they're legally the same, an honest mistake (as it seems you made) and a deliberate evasion will almost always be looked on differently...reason is: The FAA is not some faceless body, but one made up of people.

Especially with the fact that you started trying to correct the mistake within hours of making it, I don't expect there would have been any real adverse consequences if the AME had already transmitted to application...I mean you might have gotten a letter from the FAA saying "Don't do it again." but that would probably have been it.

i figured it wouldn't have been a huge deal if it went further than it did, but i wanted to nip it in the bud if i was able to (as opposed to trying to convince the FAA that it was an accident after the fact).

it is comforting to know that all i would have had to do was write a letter to the Aerospace Medical Certification Division/AAM-331 like Bruce C. suggested.

either way- i'm right at ~20 hours and my CFI said i should be able to solo after another lesson or 2, which was why i got the medical in the first place! now i'm back to being excited instead of worried :-D

 

[JeffDG]

either way- i'm right at ~20 hours and my CFI said i should be able to solo after another lesson or 2, which was why i got the medical in the first place! now i'm back to being excited instead of worried :-D

That's the important part to focus on now! Good luck! It feels great the first time you get to log PIC time!

 

[gismo]

JOOC, are we supposed to report a conviction that was expunged? I thought the whole idea of "expungment" was to make like it never happened.

 

[wsuffa]

JOOC, are we supposed to report a conviction that was expunged? I thought the whole idea of "expungment" was to make like it never happened.

I'll let others speak to the FAA details, but for a number of agencies (including Immigration) even expunged convictions must be reported and can be used adversely.

I believe that's also the case for some state licensing bureaus (like liquor licensing).