Becoming a pilot with an arrest....

Doug Taylor said:
A good opportunity to preach about conducting a full background check on yourself prior to applying for a flying job.

If you've got an arrest on your record with a firearm/weapon being any part of it, chances are you're not going to have the opportunity to even explain the circumstances because you might be deemed as a gamble to human resources -- who only more or less look at numbers, figures and risk assessment.

Any other job in aviation it may or may not be a problem, but when you're in an industry where you've got 10,000 pilots applying for 30 jobs, it's much more of a numbers game and they look for things to filter those applications down to the best of the bunch.
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Anyone know where you should go for a full background check that is as thorough as an airline check? Or do you just go to a local attorney and hope they do a proper check for you.

I ask since I was arrested once in my 20's and the attorney told me to plead no contest which resulted in probation. Only offense ever and it was for a domestic dispute. I need to see how this shows up and if it shows up since it was suppose to go away after the probation (but what they tell and what happens are always two different things). Any take on how one domestic dispute from 6-7 years ago is viewed?
 
TexasFlyer said:
Anyone know where you should go for a full background check that is as thorough as an airline check? Or do you just go to a local attorney and hope they do a proper check for you.
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The ALPA website ( http://www.alpa.org/alpa/DesktopModules/ViewDocument.aspx?DocumentId=336 ) provides some good info on the FBI criminal history records check and how to get a copy of yours. As far as what an employer might get from a private source, do a Yahoo or Google search for "employment criminal background" and you'll get hits for all sorts of companies that do background checks for employers. I wouldn't use an attorney because the attorney probably won't have access to the same proprietary databases as the commercial providers and an attorney also will be much more expensive.

I ask since I was arrested once in my 20's and the attorney told me to plead no contest which resulted in probation. Only offense ever and it was for a domestic dispute. I need to see how this shows up and if it shows up since it was suppose to go away after the probation (but what they tell and what happens are always two different things). Any take on how one domestic dispute from 6-7 years ago is viewed?
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It really depends on what the charge was, the nature and severity of the offense. A petty misdemeanor domestic altercation charge would look very different than felony assault and battery.

If you pled "no contest," by the way, it didn't just "go away" -- that is a common misconception. "No contest" is a conviction under TSA guidelines. State law might say that it won't be used against you in later state proceedings (although that's doubtful), but an employer can still find out about it and use it against you.

For general education and amusement, here is a list of disqualifying offenses under federal security requirements (but make no mistake, an employer can reject you for a criminal conviction even if it isn't on this list):

(d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed in this paragraph in any jurisdiction during the 10 years before the date of the individual's application for authority to perform covered functions, or while the individual has authority to perform covered functions. The disqualifying criminal offenses are as follows:

(1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306.
(2) Interference with air navigation; 49 U.S.C. 46308.
(3) Improper transportation of a hazardous material; 49 U.S.C. 46312.
(4) Aircraft piracy; 49 U.S.C. 46502.
(5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
(6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
(7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
(8) Conveying false information and threats; 49 U.S.C. 46507.
(9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
(10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
(11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
(12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
(13) Murder.
(14) Assault with intent to murder.
(15) Espionage.
(16) Sedition.
(17) Kidnapping or hostage taking.
(18) Treason.
(19) Rape or aggravated sexual abuse.
(20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
(21) Extortion.
(22) Armed or felony unarmed robbery.
(23) Distribution of, or intent to distribute, a controlled substance.
(24) Felony arson.
(25) Felony involving a threat.
(26) Felony involving—(i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iii) Burglary; (iv) Theft; (v) Dishonesty, fraud, or misrepresentation; (vi) Possession or distribution of stolen property; (vii) Aggravated assault; (viii) Bribery; or (ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
(27) Violence at international airports; 18 U.S.C. 37.
(28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d).
 
Let 'em know

I had a guy get asked to leave my 121 ground school.
The reason:
FAILURE TO DISCLOSE!

I don't know what he did....but I do know he didn't come clean and they found out. The result, he was gone later that day. SEE YA!

So, figure out what's on your history.......much, much better to know what's there before anyone else goes looking. This way, you can prepare some sort of explanation/ statement if an arrest (or anything negative) shows up.

Good luck!
 
Minnesota_Flyer said:
Because screening out job applicants based solely on arrests, without regard to underlying guilt, is illegal in many states and HIGHLY problematic under the federal discrimination laws.
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Yeah, it's illegal to screen someone out based on convictions, but check that yes box and job is as good as gone.
 
Minnesota_Flyer said:
Because screening out job applicants based solely on arrests, without regard to underlying guilt, is illegal in many states and HIGHLY problematic under the federal discrimination laws. Some employers may consider arrests anyway, but most sophisticated employers will look only at convictions, not arrests.

Companies have ways of screening out applicants who have been arrested by using two questions that are common on employment applications. Question one: Have you ever been charged with a crime? They give you a area on the application to explain yourself. Question two: Have you ever been convicted of a crime? Here they also give you a area to explain yourself. If you don't disclose the information and a background check reveals the arrest, or conviction, you are disqualified for the position. At the end of the application is a area for you to sign and date attesting that all information supplied by the applicant is true and correct to the best of your knowledge.

If a company choses not to hire you, chances are they will just say one of two things. Company policy does not allow us to disclose the reason for our decision not to offer employment, or we have applicants who are more qualified for the position. Either way, it is up to the applicant to prove that he/she was discriminated against which is very difficult to prove.
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bob loblaw said:
I stand by my statement DUDE. The airlines have a large pool of qualified applicants who have spotless records. Why on earth would they consider an applicant who has been arrested for anything ( that is a felony or misdemeanor) when there are thousands who are spotless. Incase you are not convinced the airlines are conservative, get a tattoo anywhere that is visible and peirce your ear. Than sit back and count the rejection letters you receive.
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Dunno, I have to disagree with you here. I was arrested for a few things when I was in college for doing stupid childish stuff. I put it in writing and brought it to the interview. I handed it to HR right before the interview started and fully explained what happened. I got hired and I know several people with an arrest record that are working for the airlines now. Definately don't hide it, admit what really happened and what you learned from it and let them know you are never going to get in that situation again. It's all how you handle the situation.
 
i agree with the dealio wif fo shizzle, my hizzle! I did some dumb stuff in college, got charged with a felony, but had it dropped and shown on my record as "voluntarilly dropped by DA". Do a background check on yourself before you apply. It's worth the little bit of time and money. Failure to disclose with get you sent packing quicker than anything. I'm applying now to several regionals, and just finished doing my background check. I'll have some "splainin" to do, but i'm not hiding anything. Heck, I held a TS clearance in the army for 12 years! i cant be that bad! Thats my story and i'm stickin to it! Good luck!
 
dingo222 said:
Heck, I held a TS clearance in the army for 12 years! i cant be that bad! Thats my story and i'm stickin to it! Good luck!
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That's a good point. When I left the military, they told us we should put the fact that we held a security clearance on our resume, as it shows you can be trusted. Even if you never plan on using your security clearance, mentioning you have one can certainly help prove you trustworthyness.
 
Chances are the District Attorney didn't have enough evidence to convict you with whatever you were charged with, hence the charges were dropped. However, you still have to check the boxes that say have you ever been charged with or arrested for any crimes. You have to explain yourself. The hiring at airlines, regionals included, has slowed. The number of positions open is shrinking while the number of experienced, and quality pilots is growing. A little thing such as a driving record with violations and convictions aplenty can be enough to rule you out of a pilots position.

As the available spots begin to fill, the hiring folks can be more finiky about who they approve to fill those positions. Granted when the airlines were looking for anyone, they hired pilots with convictions, both traffic and criminal. What I am saying is that when the spots get tight and your competition has experience, a clean criminal and driving record, who do you think is getting the job.
 
In my case, I have put it on there anyhow, just to show that I'm up front. The apps don't ask for charges or convictions. Just convictions. But it's good to be honest, and show that you have learned from the mistake.

off the record.... In my case, the DA didn't have squat. The case never made it out of first appearance! It was a goon cop trying to push on a brand new law, lol.

I never plan on using the security clearance anymore, but it does prove that you are trustworthy or were at some point. It also proves that you can pass a background check with nothing more that some basic explaining. If you are prior military and held a clearance, I would list it on the resume somewhere! It couldn't hurt!
 
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