DUI arrest, charges dismissed arrest supposedly expunged

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MH60FLYGIRL

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While I was med down for sugery I was arrested for a DUI. Not for drinking but for medication. It was bogus, I was initially pulled over for speeding but I had my pain meds on me when getting out my documents for the officer. Long story short no driver license action was taken, the case was dismissed , and the arrest is supposed to be expunged. I recently got a letter from the FAA allowing me to apply for a first class medical again. I’m really not sure what box to check . I don’t want to lie but ligitmily the arrest isn’t supposed to exist. So do I say yes or no? Anyone’s thoughts on this?
 
If the FAA already has your history on it, you check yes to 18v and note PRNC.

The FAA medical app is one of the few places I know of (security clearances and naturalization apps) where the expungement means nothing. If the FAA already knows your history through a prior application, answer yes to 18v and note PRNC.
 
Generally speaking (IOW, not advice):
  • All the cases which have gone to the NTSB in which expungement was raised as a defense to certificate action (usually revocation for falsifying a medical application) have involved pilots who incorrectly thought it was expunged;
  • Assuming everything was in fact expunged, there is absolutely no reliable guidance on the effect of state expungements on federal requirements. There are very good arguments on both sides of the issues (there are at least two separate ones), but AFAIK, no resolution.
@murphey probably gave the best advice - best to contact a consulting AME like Bruce who can review your records and guide you through the process.
 
Consult with Bruce before you complete an application. If you do have to report the event it sounds like a technical matter to prevent you from lying on the form to me. You should defiantly consult with Bruce.
 
We really need a sticky to explain State vs Federal expungement of any type of criminal action and how it relates to filling out the FAA MedXpress form.
 
This is simple. If the cop told you at the time that you were under arrest, you were arrested. What the court does later in retrospect is irrelevant. The details of the arrest and the outcome of the case should tell the FAA whether there is anything to be concerned about or not.

The reason the FAA asks for arrests, and not just convictions is that they are looking for concerning behavioral trends. Someone may have a drinking problem, but also a really good lawyer. The FAA's job is to keep those folks out of the air.
 
MH60FLYGIRL said:
While I was med down for sugery I was arrested for a DUI. Not for drinking but for medication. It was bogus, I was initially pulled over for speeding but I had my pain meds on me when getting out my documents for the officer. Long story short no driver license action was taken, the case was dismissed , and the arrest is supposed to be expunged. I recently got a letter from the FAA allowing me to apply for a first class medical again. I’m really not sure what box to check . I don’t want to lie but ligitmily the arrest isn’t supposed to exist. So do I say yes or no? Anyone’s thoughts on this?
Click to expand...
the question is about arrests. E.g.publically recorded behaviors, not conviction, not expungement.
The feds have the datatapes in archive and they don’t expunge anything, which is a “state”, not a federal notion.

So, answer “No” at your own peril. They have a minion looking at this stuff all the time.

FAA will demand and review the paperwork and a CADC evaluation will clear you. you'll need a 10 year certified DMV search to prove your assertion, and a credible personal statement.
 
And if you were charged (either you got a ticket or they served you papers in the mail) for DUI or some related offense, you were arrested. People don't seem to understand that not all "arrests" involve having some cop droning Miranda rights at you and hauling you off in handcuffs.
 
flyingron said:
And if you were charged (either you got a ticket or they served you papers in the mail) for DUI or some related offense, you were arrested. People don't seem to understand that not all "arrests" involve having some cop droning Miranda rights at you and hauling you off in handcuffs.
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I will disagree with that. Maybe in some states "charging" means "arresting" (never came across one but I guess anything is possible) but the definition (both legal and English) of "arrest" involves a forceable restraint of some sort. "Here's your ticket with your court date," and going on your way, is not an arrest. Neither is being served with papers in the mail.

Being arrested triggers a whole bunch of stuff. There are many cases in which a state or federal government argues strenuously that someone was not arrested because of that.
 
Morgan3820 said:
I think that it is sad that an arrest that later was found to be unwarranted can cause problems.
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To be technical, a later dismissal does not mean the arrest was unwarranted.

Besides, at least in this area, much, much less than an arrest needs to be reported on a medical app and can theoretically cause equal problems, which can range from "not much" to "a big deal."
 
midlifeflyer said:
I will disagree with that. Maybe in some states "charging" means "arresting" (never came across one but I guess anything is possible) but the definition (both legal and English) of "arrest" involves a forceable restraint of some sort. "Here's your ticket with your court date," and going on your way, is not an arrest. Neither is being served with papers in the mail.

Being arrested triggers a whole bunch of stuff. There are many cases in which a state or federal government argues strenuously that someone was not arrested because of that.
Click to expand...

Thanks for straightening that out as that is how I understood it worked.
 
midlifeflyer said:
To be technical, a later dismissal does not mean the arrest was unwarranted.

Besides, at least in this area, much, much less than an arrest needs to be reported on a medical app and can theoretically cause equal problems, which can range from "not much" to "a big deal."
Click to expand...

Correct, no doubt comforting words for the OP.
 
Morgan3820 said:
Correct, no doubt comforting words for the OP.
Click to expand...
Who knows? Maybe his is of the "no big deal" variety. There's no way to tell based on what's been posted - and he should not post anything else here. That's why he needs professional advice and assistance.

Besides, accurate information is better than inaccurate information, isn't it?
 
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