HotMamaPilot

[QUOTE=rickair7777;70117]




Expunging your record may help a little, HOWEVER do not ever tell an airline that it never happened. They are not going to ask you if you "have a clean record", they are going to ask "have you ever been arrested or convicted". Expunging your record will remove it from the court records for that jurisdiction...it will NOT remove your records from the FBI, CIA, and private databases that take regular snapshots of local, state, and federal court records. The federal airline background check is all about preventing terrorist events, it is not about your civil rights.

NOt true. This intel is not available to any public access, if expunged. To boot, it is a federal law that any "crime" expunged need not be told to any potential employer, even if asked(to paraphrase).

HotMamaPilot

§ 4374. Disclosure of expunged records.

(a) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the Court which ordered the record expunged

ctd57

I had a misdemeanor on my record. It was the lowest form in the state in which it occured in 1997(is was 18) At the time of the hearing, the judge told me to not get into any trouble for a year since I was a first time offender, and come back to court to file for an expungement. I did, and I asked the judge what I should say to a potential employer if they asked to question if I had ever been arrested or convicted of a misdemeanor since I wanted join the military after college. His answer to that was say NO. Since it was expunged, he said it was no longer on my record, I applied to the Navy as an officer, told them I had never been arrested, and nothing ever came of it. So based on that, I would have to agree that if your misdemeanor is expunged, it is no longer on any record, and I think that the Navy does a more thorough background check than any airline, due to the fact that you have to potential to know about classified and top secret info.

smoke

[QUOTE=ctd57;70651], I would have to agree that if your misdemeanor is expunged, it is no longer on any record[QUOTE]


the cops know

rickair7777

Not true. The background check to JOIN the military is pretty light. In order to do many of the cool/significant jobs you need a secret or higher clearance...in order to get one of those there is a long investigation process (often over a year) during which they will find out about everything, expunged or otherwise. If you are determined to be ineligible for the clearance needed to do your job, you will be assigned a new job (scraping paint or counting rolls of TP).

The theory behind expunged records is nice, but the actual implementation is not consistent. If you have a past issue and deal with it up front, you know you will not be fired later. If you gloss something over and do get yanked out of groundschool, printing out the legal quotes from this forum is not likely to help you. Ultimately it is up to you as to how to handle thi sort of thing.

Part of the problem is different laws and processes in different states. You may live in state A, be based in state B, but have to deal with a company headquartered in state C (often chosen for it's lax business laws). The company will usually try to apply the rules of the state in which it is based.

Honestly, a lawyer (licensed in state C) could give you the best advice about this kind of situation.

rickair7777

[QUOTE=HotMamaPilot;70623]Part of the problem is that records expunged from the court of origin often do not get deleted from other databases (even though they are supposed to). Any entity with an intel or national security role can and will keep all records forever (the use of said records may or may not be legally limited).

Silver02ex

I had a misdemeanor when I was 18 (2001) stupid high school prank after graudation. When i went to court the judge told me if I came back to court a year later without getting in anymore trouble he would take it off my record. when I applied for my first regional job, I put it on my application anyways since I didn't want any risk of them finding out if I said no. I was honest about it durinig the interview. The exit interview (with 2 captains) they asked about what happened. One captain said to the other one about how this should show up during the background check. The other one said it shouldn't. That was the end of that and I was still hired.

ctd57

After talking to a friend of mine who used to work for a regional airline, he was saying that I had nothing to worry about since it was expunged and the background check that will be conducted will be based on my national FBI record from the fingerprints that I gave the airline that I was hired by. The FBI would disclose any felonies that have occured during my lifetime.(which is none). I would have disclosed it, but the judge is the one who told me not to say anything if asked. I would hope that he would know more than anyone on this forum. It was only a citation anyway, I wasn't arrested or fingerprinted.

flynavyj

know from personal experience that the any information that was "taken care of" expunged or otherwise can be obtained during background investigations done by the government. These are typically done internally however (federal government looking at DoD or government contracted employees (boeing, lockheed, etc) ) How deep the FBI check for the airlines is, i dunno. Post 9/11 i'm sure it's minorly indepth, but, most likely the "likely candidates" are pegged long before by TSA, and it ain't for a misdermenor.

LAfrequentflyer

Can't you request a criminal record file on yourself from your state of residence or past states of residence?


-LAFF