Former minor sex assault conviction/ 0 - ATP school and Med/FAA/SIDA

Anonymouse

Filing Flight Plan
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Feb 7, 2022
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Anonymouse
Thought that might get y'alls attention.

I have zero interest in receiving your judgment insofar as my past, but I'm being as brutally honest as I can, while still maintaining my anonymity. I have nothing that I owe anyone on this board; hell I just signed up for this one question.

While I was 20, I fooled around with a 14-year old, and got hammered hard (as I should have, from the law). I'm not on the registry; it was never stipulated for me. I did 9 months on work release, 3 years probation. I got off with a low-level felony conviction that I later successfully changed into a Misdemeanor. This presents a HUGE problem for an airline career; I know.

I'm much (much) older now, have led a fairly uneventful life, and have moved on, without any further interaction with the law. Again, I don't need the judgment, but keep in mind--when you reply, you *might* be answering my questions for someone else out there that is too afraid to ask (possibly years down the road).

I am considering investing a large amount of money in a zero-to-hero program in Europe. Where I live currently, it is far cheaper here to do the modular approach than in the states. It is my thought to get there, go through the EASA process and to get my wings here, and transfer them to the states for a possible career.

Hurdles (aka, questions):

-EASA background checks.
I assume they rely on FBI fingerprint background checks, which will reveal all this. However, EASA is the overarching ruler. The arbiter is the country you live in. I live in one where grease on the wheels can usually be applied. They are an EASA member state, too. And as far as I know, they don't require this level of checking. Yes, in 2022; it happens.

-SIDA.
If I want to ever fly stateside, this is a biggie. The TSA gives guidance as to certain crimes *convicted* outside of 10 years being not a giant big deal, since the timeframe is outside of this. But it still worries me.

-Good Moral Character.
The FAA's 14, Section 61.153 (14 CFR S 61.153) has the devil of "good moral character" in there before they will bless you with anything more than a sport pilot's license. I've found PLENTY of random questions about pot possession in college, or your garden variety misdemeanors, but not sex assault on a minor. NOT ONE. And probably for good reason; we're all too ashamed to admit what we've done. I'd love to know a position if there are any FAA-adjacent folks in here on that. I've already sent several e-mails about this exact thing to various addresses within the FAA to ask.

-Airline hiring procedures.
We've all seen "Flight" with Denzel Washington, and while that's all based on a rough-loose story of an amalgamation of different stories, nothing that I've seen so far has scratched this level of "go **** yourself out of our doors, and never return." I've had great jobs so far, mostly due to my name not really being out there anywhere on registries (not legally required to), nor my arrest record not being searchable. I've simply fallen through the cracks. I've used that as leverage to actually further my life from a horrible past mistake I'd rather never committed. But there's no escaping it here with the level of scrutiny. I *have* to disclose it, and to lie would seem SUPER circumspect, and would ultimately lose me a job offer. What are the actual prospects here?

So...I ask all this before I invest 50-60k in a flying career that will crash to a halt in a letter if I don't know beforehand. Flying, or at least being able to commercially, has been a dream since I was a small kid. Life got in the way, I made terrible mistakes along the way, it all went sideways, and I paid some prices for it, not to mention the people--and person--I irrevocably hurt along the way.

Besides the anger that may be directed towards me here, I'm actually looking for answers. I'm also not the only one. I'm sure that when Google indexes this thread and the replies, hundreds--if not thousands--of people in my spot might read this, and be able to get some clarity.

And with that, I hope you (all) would chime in and give some thought to this. I know I owe nothing to you all, but I humbly take anything (good or bad) on the chin and would be able to figure out if this all is just a flight of fancy.
 
In the US for the security check a list provided. Under the law in the US, you are not a convicted felon as the charge was reduced as a function of law by a court of record.


Disqualifying Crimes
• Forgery of certificates, false marking of aircraft, and other • aircraft registration violations;
• Interference with air navigation; •
• Improper transportation of a hazardous material; •
• Aircraft piracy; •
• Interference with flight crew members or flight attendants; •
• Commission of certain crimes aboard aircraft in flight; •
• Carrying a weapon or explosive aboard aircraft; •
• Conveying false information and threats; •
• Aircraft piracy outside the special aircraft jurisdiction of the •
United States;
• Unlawful entry into an aircraft or airport area that serves air •
carriers or foreign air carriers contrary to established security
requirements;
• Lighting violations involving transporting controlled substances; •
Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon; Extortion;
Murder;
Assault with intent to murder; Espionage;
Sedition;
Kidnapping or hostage taking; Treason;
Rape or aggravated sexual abuse; Armed robbery;
Distribution of, or intent to distribute, a controlled substance;
Felony arson;
• Destruction of an aircraft or aircraft facility; •
• Conspiracy or attempt to commit any of the
aforementioned criminal acts.
 
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Yes, I've seen that list. I presume you're talking about the TSA's SIDA guidelines? Or the FAA's guidelines?

In any case, it doesn't make a distinction between Felony or Misdemeanor. I'm not sure if that matters, but if you're referring to the TSA's published rules, some of those crimes fall within a 10-year conviction span; otherwise, there is a permanent disqualifying list of crimes that will get a no-pass.

So, maybe it's just best to spend a few bucks on an aviation lawyer.

In the US for the security check a list provided. Under the law in the US, you were convicted of a misdemeanor.


Disqualifying Crimes
• Forgery of certificates, false marking of aircraft, and other • aircraft registration violations;
• Interference with air navigation; •
• Improper transportation of a hazardous material; •
• Aircraft piracy; •
• Interference with flight crew members or flight attendants; •
• Commission of certain crimes aboard aircraft in flight; •
• Carrying a weapon or explosive aboard aircraft; •
• Conveying false information and threats; •
• Aircraft piracy outside the special aircraft jurisdiction of the •
United States;
• Unlawful entry into an aircraft or airport area that serves air •
carriers or foreign air carriers contrary to established security
requirements;
• Lighting violations involving transporting controlled substances; •
Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon; Extortion;
Murder;
Assault with intent to murder; Espionage;
Sedition;
Kidnapping or hostage taking; Treason;
Rape or aggravated sexual abuse; Armed robbery;
Distribution of, or intent to distribute, a controlled substance;
Felony arson;
• Destruction of an aircraft or aircraft facility; •
• Conspiracy or attempt to commit any of the
aforementioned criminal acts.
 
You really do need a lawyer for this. It’s cheap compared to the cost of the whole thing. Really a $500 consult plus or minus.

There’s a thousand considerations, and all of them legal in nature... requiring legal scrutiny, opinions and gut feelings are really out of place here.

Good luck to you!
 
Best wishes bro....hope all goes well. ;)

Full disclosure:....thought this was Andy G. lol
 
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The list of crimes is the same for all the various air security stuff: FAA, DC-3 clearance, SIDA badge.

Your medical is a different story.
 
You might also want to check on the hiring practices of any of the majors you want to end up with. I remember my CFI having to document the disposition of a traffic ticket 8 years prior. The FAA may have their list, the Airlines (and their lawyers) have theirs.
 
You might also want to check on the hiring practices of any of the majors you want to end up with. I remember my CFI having to document the disposition of a traffic ticket 8 years prior. The FAA may have their list, the Airlines (and their lawyers) have theirs.

On this note, OP could create an account on AirlineApps or Pilot Credentials (the app services that most of the majors use) and go through the criminal history section(s) to see what stuff he would be required to disclose. No guarantee that an airline wouldn't have other questions later on during an interview beyond the scope of the initial HR requirements, but it at least would give you an idea if this conviction would be an outright show stopper going forward in the US industry.
 
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