Conviction

[My Flight Surgeon]

This is the twentieth of a series of threads regarding the history portion of the FAA Form 8500-8 that you complete every time you get a flight physical. For the vast majority of you, this will be just informational and you will not be affected. As with many of the conditions discussed here and elsewhere in these threads, there is a requirement for the pilot to provide medical records and physician documentation regarding the medical condition being reported. I would suggest that if you are unsure of how to answer these questions in Item 18, you discuss them with your AME before you complete the form. Some things may not be significant while others will require explanation.

Item 18.w. History of non-traffic convictions

The applicant must report any other (non-traffic) convictions (e.g., assault, battery, public intoxication, robbery, etc.). The applicant must name the charge for which convicted and the date of the conviction(s), and supply copies of court documents (if available). It must be pointed out that considerations for safety, which in the mental area are related to a compromise of judgment and emotional control or to diminished mental capacity with loss of behavioral control, are not the same as concerns for emotional health in everyday life. Some problems may have only a slight impact on an individual's overall capacities and the quality of life but may nevertheless have a great impact on safety. The FAA’s concern is having someone fly who will not follow the regulations.

* Italicized text is from FAA documents

 

[zmiller4]

Any idea on the realistic penalties for not disclosing prior convictions?

I had a student who was about halfway through his private when his ex-wife called and told us that he had weapons and drug felony convictions, as well as being arrested for rape (I guess the charges were dropped). We figured his ex-wife might have lying, but I got a generic online 7-yr background check and it turned up an illegal weapons convictionfrom 7yrs ago. He quit and disappeared soon after, and I never got the chance to confront him about it or make sure that he understood the consequences of not reporting. We weren't sure if he actually had reported his conviction, but if he hadn't and got caught, does the FAA carry through with pretty serious fines and/or jail time, or is it usually certificate action?

 

[My Flight Surgeon]

It is usually certificate revocation. The hammer is the $250,000 and/or 5 years in the slammer.

 

[zmiller4]

It is usually certificate revocation. The hammer is the $250,000 and/or 5 years in the slammer.

Hmm...he split one day in the middle of a Jeppessen stage exam, and we never heard from him again. Maybe that explains where he went.

Thanks for the reply!

 

[atpwannabe]

Doc:

Based on the info below, what type of Medical Certificate can I get and please delineate whether or not I'm able to fly 91, 121 or 135?

Within the past 10 years, going back to 1998. My record is as follows:

Convictions:

a) Disorderly conduct - (2000)
b) Bad check - (2000)



Charges dismissed/dropped:

a) Theft - 1998
b) resist w/o violence - 2003
c) battery - 2003
d) burgulary - 2005
e) bad check - 2000

Thanks Doc.


Marcus
(atpwannabe)

 

[My Flight Surgeon]

See my PM

 

[atpwannabe]

See my PM

I just responded and asked one more question.


atp

 

[My Flight Surgeon]

For general information of those who read the forum:

The 2000 convictions should have been reported on all medical exams since 2000.

If the FAA allows you to hold a pilot certificate and medical, then you can fly under whichever part you are allowed by your license. An employer may not hire you with a criminal record (remember they frequently check, esp. after 9/11). The dismissed/dropped charges may show up on a background check, so be aware of this.

From an FAA administrative point of view, if there were convictions for all of these charges, it would raise a flag and someone in OKC would be looking at it.