Background Check Advice

Crop Duster said:
Not entirely grocking the "hmmmm", but thinking it may indicate some doubt about the charges.
If, in fact, no criminal charges were filed, he is correct that it will be more difficult to have the records expunged. Weird, but true. It's actually easier to have a criminal conviction expunged than criminal charges, and it's easier to have criminal charges expunged than records of an investigation of some sort.
Click to expand...
I jumped the gun with my post. When I read it quickly it seemed like the post was suggesting doubt about whether or not charges might have been filed versus comparison of being subject of criminal complaint versus named witness.

That said, I can't imagine background checks mining down into the narrative of a police report.

It's much more likely the school or a reference made the disclosure, possibly with good intent, not bad.
 
Cptnchia said:
Tell them now, before ATP/CTP. The longer you wait, the more likely they'll bounce you.
Click to expand...

Curious what you guys would recommend saying when I call HR? Should I include some of the false statements i was accused of saying? Just not sure what i should say.
 
If the school disclosed anything at all regarding your flight hold, even just saying that at one point you were on flight hold, that's a FERPA violation. But the burden of proof is on you.
 
gotWXdagain said:
If the school disclosed anything at all regarding your flight hold, even just saying that at one point you were on flight hold, that's a FERPA violation. But the burden of proof is on you.
Click to expand...

Maybe, maybe not. FERPA is pretty clear when it comes to student records. However, if I voluntarily list flight instructors or administrators as personal or professional references I might have waived some legal protections.
 
bbd3a4ff2.jpg


We are going to sue...

You.
The Flight School.
The Airline.
The Police Department

Seriously, there's some schies...er attorney somewhere who is going to make a mint here if he is willing to roll the dice and put in the time.
 
JC150 said:
That is correct, no criminal charges were filed. I was never arrested or even detained for that matter. It's simply a piece of paper of false allegations that is holding me back from my dream job...
Click to expand...
@JC150
Have you contacted and spoken to an aviation attorney or just another type of attorney?? Call an attorney that specializes in aviation issues, pilots and knows/understands the rules and ropes. Get on the stick/the internet and find one now, even if they are out of state. Doesn't matter.
 
Last edited:
JC150 said:
Curious what you guys would recommend saying when I call HR? Should I include some of the false statements i was accused of saying? Just not sure what i should say.
Click to expand...

Ask your attorney which would be best for your inevitable legal case. If it happened once, it will most likely happen again, but when and whether you disclose could be important to how much money you win from these bozos (provided everything you've told us is accurate, which I have no reason to think it isn't). Seriously, escalate the poop out of this. I am not a schie er lawy er attorney, but my family is crawling with the damned things, and just my second order affiliation is causing me to salivate.

My layman's suspicion is that you shouldn't disclose anything because you haven't done anything wrong...there's nothing to disclose. But don't listen to me, listen to that attorney you're hopefully on the phone with as I type.
 
How are they accessing a police report that resulted in no charges being filed? This is not something that is normally discoverable in a traditional, non government background investigation unless the requesting party has gone through the trouble of completing a FOIA request. Which is HIGHLY unlikely. Imagine a regional completing FOIA requests for each candidate in each jurisdiction in which they lived.

Was the investigating agency a campus PD and is this record somehow a part of your academic record? That's the only way I can see this as discoverable within the scope of a regional airline BC. If that's the case, your recourse--if any--would seem to lie with the acad mic institution and having that portion of your record somehow redacted.
 
Wow, not very smart replies in this one. :eek:

I conducted BI's at a police department for 3 years and here's what happens:

Company has you list all your residences of the past 10 or so years on your application. They forward this to the BI company which has contractors in all 50 states. These contractors will go to the court custodian for your county and conduct a discovery. Some of the sharper ones will search the records of the PD's whos jurisdictions you lived in. All police reports are public information, even the narrative.

You listed your university or residence and they simply followed up on the BI. I would find out if they pulled it out of the courts or PD directly, you can get records sealed at both after 3 years (in my state at least).

If it's on your Interstate Identification Index then it's with the FBI and you'll need a judge to issue an order to get it sealed.
 
JC150 said:
That is correct, no criminal charges were filed. I was never arrested or even detained for that matter. It's simply a piece of paper of false allegations that is holding me back from my dream job...
Click to expand...

Try not to dream about work.

It seriously this whole situation is totally fd up
 
JC150 said:
Thanks SFLAX. I did speak to a lawyer who recommended suing for defamation, but there is a 2 year statute of limitation. He said I would have been better off if I was charged with a crime since he can usually get those expunged. But since no criminal act occurred, I'm stuck with it.

I completely agree with you, and even I would be hesitant to hire someone with something like this. I was given a class date, do I at least finish ATP-CTP and wait until the background check to say something? Or do I say something now before ATP-CTP? I just don't know what other options I have.
Click to expand...

What actually starts the 2 year statute. Serious question- was it the original act, or, when you were "defamed".

Anyways if you initiate the suit you may get one of them to recant on record to avoid a law suit.
 
On a related note, be careful when you provide personal and professional references, especially if they are aware of any negative information.

In this case, the flight school is very limited in what information they may release. However, list an instructor of that flight school as a reference and you throw open the door of information exchange.
 
If you're in the hiring process with an airline, you should be able to request a copy of the background check that they received. That was the case for me at my major and it didn't have any local stuff in it. Good luck!
 
Lawyer recommended asking the police to make a new police report - make a disposition basically saying the statements from the initial police report were unfounded. I just made the request and the officer said he would have no problem doing that.
 
Adebord13 said:
Wow, not very smart replies in this one. :eek:

I conducted BI's at a police department for 3 years and here's what happens:

Company has you list all your residences of the past 10 or so years on your application. They forward this to the BI company which has contractors in all 50 states. These contractors will go to the court custodian for your county and conduct a discovery. Some of the sharper ones will search the records of the PD's whos jurisdictions you lived in. All police reports are public information, even the narrative.

You listed your university or residence and they simply followed up on the BI. I would find out if they pulled it out of the courts or PD directly, you can get records sealed at both after 3 years (in my state at least).

If it's on your Interstate Identification Index then it's with the FBI and you'll need a judge to issue an order to get it sealed.
Click to expand...

Maybe I'm old school, but you think a regional would pay for someone to go down to courthouse's all over the country, where you have lived and do this ? Before my days at Mesa, I lived in 2 states and 4 different cities. I think your school dropped the dime on this.
 
SFLAX said:
Maybe I'm old school, but you think a regional would pay for someone to go down to courthouse's all over the country, where you have lived and do this ? Before my days at Mesa, I lived in 2 states and 4 different cities. I think your school dropped the dime on this.
Click to expand...

The regional hires a BI company to do this, the BI companies all go through the same contractors. Their contractors will search for 50-100 names a day. It probably costs the regional $100/person in total.
 
I know my company has a subcontractor that performs this for a variety of reasons.
 
JC150 said:
That is correct, no criminal charges were filed. I was never arrested or even detained for that matter. It's simply a piece of paper of false allegations that is holding me back from my dream job...
Click to expand...
It might be. But follow the advice many have given you. Find a good attorney with employment law experience, and preferably in a regulated/DOT industries (You might have to search around a bit, but do it and find one.) Ask him what he would do if you were his kid. At the very least, as others have suggested, get him to pull your records - ALL of them - and see what shows up. You don't know with certainty that the company that dropped you dropped you because of your record. Hell, write to HR at that company and ask them why they dropped you. What do you have to lose? Worst they can say is no, they won't tell you.
 
You must log in or register to reply here.
Back
Top