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Felony Charge/ Sealed Record

Discussion in 'Ask An Aviation Attorney' started by sellers54, Nov 15, 2017.

  1. sellers54

    sellers54 New Member

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    I have a question in regards to what can stop me from getting a job in airlines. A little over a year ago i was charged with aggervated assault causing serious bodily injury in Texas. It was dropped to a class A Misdemeanor assault. When i completed probation it was dismissed and i am now working on getting it sealed/expunged. It is my only offense. Before I start ATP flight school and spend all kinds of money I would like to know if getting a job with an airline would be possible. By the time i complete school my record will be completely expunged. Any help, advice or answers would be wonderful. Thanks!
     
  2. Lucky8888

    Lucky8888 Well-Known Member

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    For whatever it's worth, make sure you check the NCIC data base after your record in expunged.
     
  3. dustoff17

    dustoff17 Well-Known Member

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    Expungment of some crimes, especially person crimes, are not erased from Federal records (this changed several years ago). A check of State and local records may not show an offense but Federal records are not held to the same expungment proceedures. Recommend you get with an attorney and have them check exactly what is and is not expunged across the board.
     
  4. FloridaLarry

    FloridaLarry Well-Known Member

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    Plus, there can be clerical / data entry errors, and what is supposed to happen (eg: being sealed or expunged), occasionally doesn't. I second dustoff's recommendations, including an after-it's all-over check, just to make sure. Feedback from a prospective employer about the 'why's may not be complete or accurate, for legal reasons.

    Good luck!
     
  5. mshunter

    mshunter Well-Known Member

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    I wouldn't worry about it to much. The guy who gave me my letter of rec at my current shop has two "dings" on his record, and he didn't even bother getting them expunged.
     
  6. dustoff17

    dustoff17 Well-Known Member

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    True, depending on the "ding". When you're looking at an Aggravated Assault resulting in SERIOUS bodily injury, you've moved into a whole different ballgame!

    Texas (the State mentioned by the OP), describes the factors which raise an assault to an aggravated assault typically would include the use of a weapon, the status of the victim, the intent of the perpetrator, and the degree of injury caused.

    The "serious bodily injury" is defined as meaning bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

    I have no clue what the particulars are of the case involving the OP but this seems pretty severe.....
    "Dings", especially on-person crimes might be an issue in future employment. As an employer, I would certainly want to know because I wouldn't want to be the guy responsible for placing two people in close proximty at 38,000' when one has a past such as this. The conflict could have a forseeable outcome.
     
    Last edited: Dec 9, 2017
  7. thegriffinpages

    thegriffinpages Well-Known Member

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    I am not an attorney!!!

    I'm assuming you plead out in exchange for the probation and the lessor charge?

    You're probably going to be fine. When a potential employer does a background check, all that should come up is your conviction for Misdemeanor Assault. They won't know you were originally charged with the Felony Agg Assault.

    This applies to companies.

    As far as TSA checks go (which is what you'll go through to get an airport security badge and/or Known Crewmember Badge), I'd expect that they would have access to the full files of your court case (and it doesn't matter if you get it expunged or not). What that means in terms of if they approve you for their TSA badge, I'm not sure.

    By the way, when court files are sealed/expunged, they are only blocked from public criminal history. Law Enforcement can still get those (sometimes they need a court order).

    As other posters stated, have your attorney make sure that everything was handled correctly paperwork-wise so you know exactly what the potential company will find. Also, whatever the final result is, BE HONEST when you fill out your job applications. People screw up, and companies MAY be willing to overlook some things, but if you lie and they find it, then you just look like a scumbag.

    I wish you the best of luck!
     
  8. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    That may be true in some states but it is not not universally true. There are states in which a public records check shows charges, even if they have been dismissed. That includes felonies pleaded down to misdemeanors. I do some volunteer expungement work for Legal Aid in my state and many of them involve expunging records of dismissed charges which the prospective employee feels have been an employment barrier.
     
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  9. thegriffinpages

    thegriffinpages Well-Known Member

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    Gotcha. Didn't know that was the case. I know he mentioned Texas specifically and that's the only state that I've had some experience on how those plea deals work.

    OP, the best resource is going to be your attorney.
     
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  10. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    Always.
     
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