Past marijuana arrest, no conviction.

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PurpleRainPilot

Filing Flight Plan
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PurpleRainPilot
I'm sure this gets asked quite a lot, but I have some questions regarding filling out the 8500-8. I was arrested in 2016 for possession of marijuana and possession of paraphernalia,
I have since learned from mistake and haven't used since the incident.

Now while filling out the medical form I see it asks "any arrest(s) and/or conviction(s) involving driving while intoxicated by, while impaired by,
or while under the influence of alcohol or a drug - history of any arrest(s), and/or conviction(s), and/or administrative action(s) involving an offense(s) which resulted in the denial, suspension, cancellation, or revocation of driving privileges
or which resulted in attendance at an educational or a rehabilitation program".

Since it never involved a driving charge, do I still have to report it ? I'm just asking cause the case ended up being dropped, and I was found not guilty and just had to pay a fine. But I know since I was fingerprinted it's probably in the FBI database.

Thank you so much !
 
If it was a misdemeanor or felony conviction, even if not motor vehicle related, it has to be reported per 18w. If it's a violation or infraction, then no.
 
I'm sure this gets asked quite a lot, but I have some questions regarding filling out the 8500-8. I was arrested in 2016 for possession of marijuana and possession of paraphernalia,
I have since learned from mistake and haven't used since the incident.

Now while filling out the medical form I see it asks "any arrest(s) and/or conviction(s) involving driving while intoxicated by, while impaired by,
or while under the influence of alcohol or a drug - history of any arrest(s), and/or conviction(s), and/or administrative action(s) involving an offense(s) which resulted in the denial, suspension, cancellation, or revocation of driving privileges
or which resulted in attendance at an educational or a rehabilitation program".

Since it never involved a driving charge, do I still have to report it ? I'm just asking cause the case ended up being dropped, and I was found not guilty and just had to pay a fine. But I know since I was fingerprinted it's probably in the FBI database.

Thank you so much !
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Arrested for possession, found not guilty, had to pay a fine ... makes no sense to me. I'm not a Doc but I'd think this is reportable ...
 
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Not guilty and pay a fine? No way
Not guilty there’s no fee, maybe a fee to your lawyer or a court cost? Or you mean not guilty of the charge and you accepted a lower civil charge?
Did you get caught while in a vehicle?
 
The only way to answer your question with any degree of reliability is for someone with professional experience in both your criminal procedure (preferably your state) and aviation to review the court records and discovery file.

Respectfully, your description of what happened means nothing. The record means everything. I practiced criminal law in two different states over about 20 years and found that even experienced defendants had little understanding of the process. You can see the equivalent in the reported NTSB cases on expunctions. The NTSB has not held one way or the other because none of the pilots who claimed an expunction actually had one!

(some of the other comments - yeah, it's possible to pay something to the court but not have a conviction)
 
midlifeflyer said:
(some of the other comments - yeah, it's possible to pay something to the court but not have a conviction)
Click to expand...

My thoughts were based on his term of "paying a fine" which I deemed not to be court cost. But I've been mistaken before ...
 
midlifeflyer said:
The only way to answer your question with any degree of reliability is for someone with professional experience in both your criminal procedure (preferably your state) and aviation to review the court records and discovery file.

Respectfully, your description of what happened means nothing. The record means everything. I practiced criminal law in two different states over about 20 years and found that even experienced defendants had little understanding of the process. You can see the equivalent in the reported NTSB cases on expunctions. The NTSB has not held one way or the other because none of the pilots who claimed an expunction actually had one!

(some of the other comments - yeah, it's possible to pay something to the court but not have a conviction)
Click to expand...

As a lawyer, how often are you “right” in the eye of the court or the public. It’s very subjective, everyone has their own opinion and version. Unless a lawyer would be able to know with certainty if they are right or wrong (too many caveats).

States want to remove cash bail however they are happy to charge an appearance fee for a defendant to share their side of the story. Such a corrupt system.
 
Daleandee said:
My thoughts were based on his term of "paying a fine" which I deemed not to be court cost. But I've been mistaken before ...
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That's exactly what I meant ear by needing to see the paperwork and the person not necessarily knowing the process. "Fine." "Court costs." To the payer, there may not seem to be any difference.
 
mandm said:
As a lawyer, how often are you “right” in the eye of the court or the public. It’s very subjective, everyone has their own opinion and version. Unless a lawyer would be able to know with certainty if they are right or wrong (too many caveats).
Click to expand...
well, there are indeed things which have an answer. For others, advice is often about assessment of relative risk. If it gets to court, sometimes you win and sometimes you lose.

A court is one thing. "Right" in the eyes of the public is something else and not something I worried about.

My best example was a gang rape case (not mine). The prosecution and defense worked out a supervised probation deal. The judge approved it. The public went wild about how terrible it was and the judge, succumbing to public pressure rescinded the deal. The case went to trial and the defendants were found not guilty. So instead of conditions on them, the rapists got off completely.
 
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