Medical MedExpress Omission

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flyinggstream1900

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My nephews friend has a problem that I told him I would try to get more information on as he is a first-generation pilot without a ton of guidance. He first applied for his medical back in 2023 and which he answered no for both 18(V) and 18 (w). He then later applied for another medical in 2025 and again put no for both answers. Problem #1 is that back in high school while he was 17, he received a minor in consumption and a minor in possession of alcohol in Arizona, both misdemeanors (at the same time). He completed a diversion program and after he turned 18 he had the records expunged and later destroyed. He recently called the court to get a record of the ticket, but they told him there is zero record of it and when he explained he had them destroyed they explained that once it is destroyed there is no longer a record of it anywhere.
Problem #2: When he was 19 he received a ticket for an open container in a motor vehicle by a BLM officer in Arizona. He paid the fine and went on with his day.

The reason he did not report problem 1 on his medexpress form was because he was told by the court attorney that there was no need to report this to anyone or any employer because it would be cleared from his record. Well, little did he know that the FAA operates differently. His reasoning for not reporting problem 2 is that he simply didn't think it was something that needed to be reported. I have told him since that I believe it definitely should have been reported and he should look into an attorney to help him with coming forward and self-reporting. Does anyone have any experience with anything like this and any helpful information and what he should do or how to handle this? Also what the possible outcomes could possible be?
 
THIS IS NOT AN EMPLOYER. That was terrible legal advice.
Well, at least the attorney should have the files.

If he lies a third time (which is how FAAA view this) he will receive pilot discipline and he'll never be hirable with pilot certification suspensions on record.

Time to come clean.
B
 

 
THIS IS NOT AN EMPLOYER. That was terrible legal advice.
Well, at least the attorney should have the files.

If he lies a third time (which is how FAAA view this) he will receive pilot discipline and he'll never be hirable with pilot certification suspensions on record.

Time to come clean.
B
:yeahthat: No question. Get a professional who understands the process of coming clean and what will be needed to put the best foot forward to decrease the potential for a drawn out mess.

I can understand the attorney’s error. I’ve heard many who treat sealed records and expunctions as “non-existent.” Many handling criminal cases on the local level don’t even consider the possible ramifications outside the rental/employer situation most expunction rules were designed for.

Besides, without even getting into the federal arena, in many states “doesn’t exist” is not even true in-state. For an easy example, in many states, expunged records are accessible by DAs and courts to determine the existence of prior offenses (or, perhaps ironically, prior expungements). You can also find exceptions for things like later state employment as a LEO and for some professional licensing. (A quick check shows that true for Arizona.)
 
THIS IS NOT AN EMPLOYER. That was terrible legal advice.
Well, at least the attorney should have the files.

If he lies a third time (which is how FAAA view this) he will receive pilot discipline and he'll never be hirable with pilot certification suspensions on record.

Time to come clean.
B
Is this an issue he needs to present to an aviation attorney? Or his AME? Does he need to consult a HIMS AME? Should he surrender his medical and certs now?
 
THIS IS NOT AN EMPLOYER. That was terrible legal advice.
Well, at least the attorney should have the files.

If he lies a third time (which is how FAAA view this) he will receive pilot discipline and he'll never be hirable with pilot certification suspensions on record.

Time to come clean.
B
Thank you for the response. Is this something he should consult an aviation attorney about moving forward? Or his AME? Does he need a HIMS AME? Should he voluntarily surrender his medical and certs?
 
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