Dismissed Cases on AirlineApps
10-11-2017, 07:34 AM
#1
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Joined APC: Sep 2016
Position: 767 FO
Posts: 52
Dismissed Cases on AirlineApps
7 years ago I was charged with a misdemeanor. After 25 hours of community service, the case was voluntarily dismissed by the district attorney. The final disposition if the court was "dismissed".
Thus, the addendum question "Have you ever been convicted of any felony, misdemeanor, infraction, offense of other violation on any law?", can truthfully be answered as no.
From my understanding, this case will show on an FBI background check with a disposition of "Dismissed". Will this be asked about? I don't mind talking about it, nor do I want to not be truthful on my application. There just seems to be no where to list this. So I guess it doesn't matter?
How should this scenario be handled on AirlineApps, specifically Delta?
Thus, the addendum question "Have you ever been convicted of any felony, misdemeanor, infraction, offense of other violation on any law?", can truthfully be answered as no.
From my understanding, this case will show on an FBI background check with a disposition of "Dismissed". Will this be asked about? I don't mind talking about it, nor do I want to not be truthful on my application. There just seems to be no where to list this. So I guess it doesn't matter?
How should this scenario be handled on AirlineApps, specifically Delta?
10-11-2017, 11:22 AM
#2
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 40,032
I would agree you can answer "no".
Most employers don't have access to the FBI database, airlines do for national security reasons. This means they might have visibility on non-conviction arrests which would otherwise be hard to find out about.
Not sure if all misdemeanors make the FBI list, I think it's generally for felonies, but maybe things like DUI too.
If DAL does the background check BEFORE offering you a job, it's possible they might see it and decide not to extend the job offer. Probably not legal, but nobody would know other than a few ATL good ol boys. But if you're already in class when they run the background check, I don't think they could practically fire you...
1) You didn't lie
2) They aren't really supposed to use the FBI info for generic employment screening, it's really more for security.
So while they would probably WANT to fire you, they would have to be willing to fight and lose the lawsuit. It would also depend on what the actual charge was, how long ago, and your age at the time...
Urinating in public at age 15, they'd probably let it slide.
Desecrating a corpse at age 35, they would rather pay out the lawsuit.
I suppose another risk might be that they could arrange for you to fail out of training. This was common in the past if airlines hired somebody and then decided they didn't like them for whatever reason, they would make sure they never got off probation. They would have "designated hitter" examiners who were in tight with management for this purpose. But that sort of thing is much harder today with modern employment laws and scripted AQP crew training. Probably nothing to worry about at the big three.
Most employers don't have access to the FBI database, airlines do for national security reasons. This means they might have visibility on non-conviction arrests which would otherwise be hard to find out about.
Not sure if all misdemeanors make the FBI list, I think it's generally for felonies, but maybe things like DUI too.
If DAL does the background check BEFORE offering you a job, it's possible they might see it and decide not to extend the job offer. Probably not legal, but nobody would know other than a few ATL good ol boys. But if you're already in class when they run the background check, I don't think they could practically fire you...
1) You didn't lie
2) They aren't really supposed to use the FBI info for generic employment screening, it's really more for security.
So while they would probably WANT to fire you, they would have to be willing to fight and lose the lawsuit. It would also depend on what the actual charge was, how long ago, and your age at the time...
Urinating in public at age 15, they'd probably let it slide.
Desecrating a corpse at age 35, they would rather pay out the lawsuit.
I suppose another risk might be that they could arrange for you to fail out of training. This was common in the past if airlines hired somebody and then decided they didn't like them for whatever reason, they would make sure they never got off probation. They would have "designated hitter" examiners who were in tight with management for this purpose. But that sort of thing is much harder today with modern employment laws and scripted AQP crew training. Probably nothing to worry about at the big three.
Last edited by rickair7777; 10-11-2017 at 11:33 AM.
10-11-2017, 02:16 PM
#3
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Joined APC: Sep 2016
Position: 767 FO
Posts: 52
The charge was "Underage possession of malt beverage or unfortified wine 19/20". The charge is the lowest class misdemeanor. I was 20 years old when I was charged.
After recently speaking with the lawyer that handled this case he advised to not list it. The question solely asks about convictions and I never was.
My record has been spotless ever since. Prior to the charge nothing but 2 speeding tickets from my teenage years.
I also read so much about answering the questions in the application as literal as possible. I suppose if DAL was concerned about charges then they would word their addendum more like UAL. Also, FWIW, this never came up at my current regional airline during/after the hiring process.
After recently speaking with the lawyer that handled this case he advised to not list it. The question solely asks about convictions and I never was.
My record has been spotless ever since. Prior to the charge nothing but 2 speeding tickets from my teenage years.
I also read so much about answering the questions in the application as literal as possible. I suppose if DAL was concerned about charges then they would word their addendum more like UAL. Also, FWIW, this never came up at my current regional airline during/after the hiring process.
10-11-2017, 03:40 PM
#4
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 40,032
The charge was "Underage possession of malt beverage or unfortified wine 19/20". The charge is the lowest class misdemeanor. I was 20 years old when I was charged.
After recently speaking with the lawyer that handled this case he advised to not list it. The question solely asks about convictions and I never was.
My record has been spotless ever since. Prior to the charge nothing but 2 speeding tickets from my teenage years.
I also read so much about answering the questions in the application as literal as possible. I suppose if DAL was concerned about charges then they would word their addendum more like UAL. Also, FWIW, this never came up at my current regional airline during/after the hiring process.
After recently speaking with the lawyer that handled this case he advised to not list it. The question solely asks about convictions and I never was.
My record has been spotless ever since. Prior to the charge nothing but 2 speeding tickets from my teenage years.
I also read so much about answering the questions in the application as literal as possible. I suppose if DAL was concerned about charges then they would word their addendum more like UAL. Also, FWIW, this never came up at my current regional airline during/after the hiring process.
Different majors may ask their questions differently due to the laws of the state where their head quarters are located. It's not so much what they want, it's what they can get away with.
But the good news is that I doubt even DAL would get upset about MIP that got dismissed. Don't sweat it.
Also... careful taking advice from lawyers who do not deal with airline employment issues. They may not understand the FBI data base, which probably retains info which is expunged from state/local records.
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