IACRA and Medical Incorrect Answer/Legal Issue

njdem82

New Member
Hi All,
Since I have joined as an active member I have been putting all of my questions here forgive me if this is not the correct forum for this. Also if I do not lay out everything clearly in this first post I will certainly elaborate, I’m just a little out of sorts about this whole thing. Thanks all for all of your help and advice thus far, I came here because I know that there are people who know about a wide variety of issues. Also I made a few disclaimers so that none of this is taken in the wrong way

So this is an issue which is causing no end of distress I intend to retain the services of an attorney (which I cannot afford) but I wanted to throw this out there and find out if I am completely sc---ed. This is not something I intended but I want to correct this situation no matter the consequences. I am in no way asking for legal advice and will not take any post as a legal answer. I bolded that so that it is understood that I am simply asking for feedback and am not putting anyone in a bad position

To make a long story short when I had first started training the TSA asked if I was ever committed of a crime or something along that line. I sent the specific question to my attorney and he said that I can properly answer no as I had not been convicted of a "crime" but a violation (I don't know the exact legal definition it is considered a disorderly conduct or something)

Now here’s where my stupidity comes in and I have spent plenty of time beating myself up about. As I was studying for some CFI prep it hit me that there is a difference in the question asked by the TSA and that on the IACRA. As all of you know on the IACRA and Medical they ask different questions and specifically state "violation of state or federal statute relating to marijuana etc"

I had answered this question no automatically as I was still thinking about the TSA question. I know how unbelievably stupid this was but here I am.

I was convicted of possession of marijuana five years ago when I was younger and dumber. This being the case I should have answered yes on two medical and multiple IACRA forms. The FAA never picked up on it and they issued me my licenses and I went on happily until very recently when I re-read the IACRA question on a hunch and my heart almost stopped beating.

Basically both of my medicals and all of my aviation licenses are predicated on false answers. I am terrified of what the consequences of this may be and I can only pray that they will not take my licenses away but I know that they would be well within their rights to do so.

I am not in anyway trying to be deceptive; I want to be upfront about all of this it is in my nature and would happily submit to any drug tests or anything that I must do. I know I’m getting way ahead of myself but I am in a state of panic.

The positive is that I am being pro-active to correct this error and have postponed my upcoming check ride until this is resolved. I have spoken to some people and they have said that

1.I can do nothing about it since they did not catch it .I understand the logic behind this but it is not in my nature to act this way and I simply want to be upfront and own up to my past. I made mistakes back then but I did not have the drive and passion to be a professional aviator which I do now. I do not want to live in a state of anxiety where the FAA can take my licenses away from me.

The second option which I have heard (though I am sure there are more) which resonates much more cleanly with me is
2. I can write letters to the (I don’t know the terms) but basically medical and licensing divisions of the FAA. I am told that I will be creating a confrontation this way since they have not picked it up and it may be unnecessary etc etc.

I want to go with the latter. I will contact a legal professional but I was hoping that I could get some input from you guys. I do not even want to imagine the FAA taking away my licenses for this error and can only hope that they see that I am trying to correct and not reacting simply because I have been caught. So my questions are.

Have any of you heard of a similar situation and if so can you explain? Do you have any advice for me? Do you have any general suggestion?? How big of a problem have I created for myself in your estimation? And any other input, at all, would be greatly appreciated.

This is, obviously, a cause of great concern. I am truly dedicated to becoming a safe and professional airman. I believe that I have achieved some success and the thought of all of that being taken for my stupidity and failure to correctly cognize a question or in most cases not even really reading it (something which I will never , never do again).

As always any input would be much appreciated especially since this is driving me insane. As I had mentioned earlier I will get the legal answers from a professional I am only asking for a discussion on this topic and understand that it will only be the opinion of those answering. Thank You very much for all the past help and any future input.
 
If your not a member join AOPA. Once a member join the legal services plan. Use it! The FAA takes illegal drug convictions very seriously. For simply possesion according to FARS Explained written by a aviation lawyer usually results in a 90 day suspension of all licenses. Now your medical though may be another story. They will probaly make you jump through alot of hoops to keep your medical. Just get legal help. It is your best bet to minimise the damage done.
 
Thanks , I am a member of the AOPA and have signed up for their legal service. I understand that this is a sort of insurance policy so I called today and asked if they could help me with an issue which had occured before I signed up as i did not want to abuse the privelage and they said that they will provide legal counseling but that I may have to retain my own attorney.

The actual conviction was almost exactly five years ago and I think that this would not have been an issue if I had simply answered the question correctly instead of zoning out on it. I hope that consideration will be taken since I caught this before they did , but as you say the penalties for incorrectly filling out information can be suspension or (god forbid) revocation of licenses

90 days wll be extremely painful but at this point if they do not take away my privelage to fly I will be grateful
 
I don't have the FAR at hand, but I believe the definition of falsification includes the word "intentional". In your case, it was inadvertent. The sticking point is would you be able to effectively convey your true and honorable intention when you answered the question.

I am guessing that if you are the one who corrects the record it would support the case that it was an honest mistake. If someone else raises the issue, then it would be a much more difficult story to support.

Falsification is the most serious infraction and typically results in the revocation of all certificates. For that reason, I certainly would not take the matter lightly.

I do recommend getting advice from an attorney. One of the contributors at this site is an attorney and does aviation law. It is MIDLIFEFLYER. Perhaps a private message (PM) to him would be a good idea. I am certain he is far more qualified than I am to give you good advice.
 
I wouldnt be so worried about the falisfication if you didnt do it on purpose. But the drug convicition alone even if admitted to in the first place can cause serious issues with a medical. PM doc and see what he has to say. I know we just had a member who said yes to illegal drug use in the past two years on his medical and he is having difficulities getting his. And that is without a conviction.
 
njdem82,

You are headed on the right path by deciding to speak with an attorney about it. You list two choices, with #1 doing nothing and #2 starting a letter-writing campaign to bear your soul.

#1 works if the FAA never finds out about it but if they do, it's hard to argue that it wasn't intentional without also coming up with a convincing lie that you didn't realize it until the FAA brought it to your attention.

#2 sounds nice but can be a mistake when you play the game by yourself. Understand that in cases like this, an attorney is not necessarily the guy who fights vehemently for you; it more likely the guy who counsels you and smooths the way for dealing with it in an open an forthright manner, while minimizing (you can't get rid of it entirely) the risk.

IOW, there may be choices other than #1 and #2.
 
njdem82,

You are headed on the right path by deciding to speak with an attorney about it. You list two choices, with #1 doing nothing and #2 starting a letter-writing campaign to bear your soul.

#1 works if the FAA never finds out about it but if they do, it's hard to argue that it wasn't intentional without also coming up with a convincing lie that you didn't realize it until the FAA brought it to your attention.

#2 sounds nice but can be a mistake when you play the game by yourself. Understand that in cases like this, an attorney is not necessarily the guy who fights vehemently for you; it more likely the guy who counsels you and smooths the way for dealing with it in an open an forthright manner, while minimizing (you can't get rid of it entirely) the risk.

IOW, there may be choices other than #1 and #2.

Thanks all for your input and help. Does anyone know of an aviation attorney which I may retain , if so I would really appreciate it if you could PM a name and number to me. I am in Florida in the Orlando area but in this case it may not matter where the attorney is actually located.

This is a very sticky situation and as you said Midlife playing this game by myseld would be foolish as I do not know the system and do not want to make this situation even worse. I hope you don't mind but I am going to send you a PM
 
Thanks all for your input and help. Does anyone know of an aviation attorney which I may retain , if so I would really appreciate it if you could PM a name and number to me. I am in Florida in the Orlando area but in this case it may not matter where the attorney is actually located.

This is a very sticky situation and as you said Midlife playing this game by myseld would be foolish as I do not know the system and do not want to make this situation even worse. I hope you don't mind but I am going to send you a PM

I would think that AOPA Legal would be able to refer you to someone in your area.
 
I wouldnt be so worried about the falisfication if you didnt do it on purpose. But the drug convicition alone even if admitted to in the first place can cause serious issues with a medical. PM doc and see what he has to say. I know we just had a member who said yes to illegal drug use in the past two years on his medical and he is having difficulities getting his. And that is without a conviction.

Thank You, yes there are two issues here medical and airmen licensing. Is "Doc" the user name of a member in this community who deals with medical certification?
 
I would think that AOPA Legal would be able to refer you to someone in your area.

Unfortunately since this incident had occured before I had opted in for the legal services of AOPA they had said that they will be happy to offer me legal counsel (a privilege which I am currently using, though I have not decided how to proceed and would still want an aviation attorney) they cannot refer me to an attorney since this I had noticed this before I signed up for the service.

I was upfront about that with them as of course I would never abuse a service which the AOPA offers and the legal service is kind of like health insurance. Going with that analogy I am basically coming to them with a pre-existing condition and so they will be unable to even refer me to an attorney. I was confused by this as it is only a refferal but it is their policy and I am sure that they have good reason for it
 
Unfortunately since this incident had occured before I had opted in for the legal services of AOPA they had said that they will be happy to offer me legal counsel (a privilege which I am currently using, though I have not decided how to proceed and would still want an aviation attorney) they cannot refer me to an attorney since this I had noticed this before I signed up for the service.

I was upfront about that with them as of course I would never abuse a service which the AOPA offers and the legal service is kind of like health insurance. Going with that analogy I am basically coming to them with a pre-existing condition and so they will be unable to even refer me to an attorney. I was confused by this as it is only a refferal but it is their policy and I am sure that they have good reason for it
I responded to your PM, but I'm very surprised that the folks at AOPA would not give you the names of attorneys in your area.

They won't make an "in-plan" referral because it's a "pre-existing condition" but I have had many referrals from AOPA where they told the pilot to call me even though the plan wouldn't cover the representation.
 
I just want to second what MideLifeFlyer wrote.

AOPA knows the track records of the attorneys and they would not recommend one who was not giving good service to the pilots.
 
I responded to your PM, but I'm very surprised that the folks at AOPA would not give you the names of attorneys in your area.

They won't make an "in-plan" referral because it's a "pre-existing condition" but I have had many referrals from AOPA where they told the pilot to call me even though the plan wouldn't cover the representation.

Thank You for your response and your help. It is entirely possible that they meant that they could not make an "in plan" refferal and I interpreted it incorrectly. Being that you have gotten refferals under these conditions it is likely that this is the case.
 
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