Misdemeanor with no charges and PPL

spacecar

New Member
I am an immigrant living in US for around 7 years (went to University here and working now). I wanted to get Private Pilot License (PPL) for a long time. And I was about to start the training with a pilot training center in Bay Area, California (I live in Bay Area too). 6 months back something bad happened and I was arrested for a misdemeanor (for solicitation) but no formal charges have been filed.

The case has been Discharged with Interest of Justice (As per my RAP sheet). I am applying now to seal the case and I got the disposition letter already.

But I am little skeptical about applying for my pilot training because there will be a TSA background check before I start the process (for immigrants). So I am worried my application would be rejected or cause other issues.

I would really appreciate some advice on this
* Can I apply still? If so, what are the chances of getting approval?
* Will this cause any other issues with my immigration status?

Thank you for your help.
 
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DogwoodLynx

Well-Known Member
I am an immigrant living in US for around 7 years (went to University here and working now). I wanted to get Private Pilot License (PPL) for a long time. And I was about to start the training with a pilot training center in Bay Area, California (I live in Bay Area too). 6 months back something bad happened and I was arrested for a misdemeanor (for solicitation) but no formal charges have been filed.

The case has been Discharged with Interest of Justice (As per my RAP sheet). I am applying now to seal the case and I got the disposition letter already.

But I am little skeptical about applying for my pilot training because there will be a TSA background check before I start the process (for immigrants). So I am worried my application would be rejected or cause other issues.

I would really appreciate some advice on this
* Can I apply still? If so, what are the chances of getting approval?
* Will this cause any other issues with my immigration status?

Thank you for your help.

I would find and talk to an Aviation Attorney. Nobody on here is going to be able to give you exact info because every situation is different
 

MidlifeFlyer

Well-Known Member
@spacecar, you need to speak, specifically, with an attorney who understands both California criminal law and FAA policy and procedure, It is not about what you tell the lawyer. It is about reviewing the record to give you the best advice, I can't even count the number of times a client has described a problem to me and the record showed something different,
 

Autothrust Blue

"I’d make a suggestion but you won’t listen”
@spacecar, you need to speak, specifically, with an attorney who understands both California criminal law and FAA policy and procedure, It is not about what you tell the lawyer. It is about reviewing the record to give you the best advice, I can't even count the number of times a client has described a problem to me and the record showed something different,
"That is a very 'client' thing to do." - Ken White of All the President's Lawyers
 

MidlifeFlyer

Well-Known Member
"That is a very 'client' thing to do." - Ken White of All the President's Lawyers
It's not the really client's fault. Just a lack of understanding about the process. For example, there is the touchy issue of not disclosing an expunction on a medical application, the real issue is complex, but in the only 3-4 cases the NTSB has ruled on, there wasn't an expunction at all.
 

Old Pete

curmudgeon
I am an immigrant living in US for around 7 years (went to University here and working now). I wanted to get Private Pilot License (PPL) for a long time. And I was about to start the training with a pilot training center in Bay Area, California (I live in Bay Area too). 6 months back something bad happened and I was arrested for a misdemeanor (for solicitation) but no formal charges have been filed.

The case has been Discharged with Interest of Justice (As per my RAP sheet). I am applying now to seal the case and I got the disposition letter already.

But I am little skeptical about applying for my pilot training because there will be a TSA background check before I start the process (for immigrants). So I am worried my application would be rejected or cause other issues.

I would really appreciate some advice on this
* Can I apply still? If so, what are the chances of getting approval?
* Will this cause any other issues with my immigration status?

Thank you for your help.
First of all, disclose your immigrant status. Saying you are a 7 year immigrant tells me nothing. Are you a naturalized citizen, green card holder, F-1 visa holder, hb-1 visa holder, or an overstay? TSA cares about that, not a misdemeanor, but a felony will revoke green card status.
Now, the faa may care more about the arrest. If it’s been expunged why would you report it. The whole reason for expungements is to give people a fresh start, to move on.
 

Old Pete

curmudgeon
"That is a very 'client' thing to do." - Ken White of All the President's Lawyers
I was at an attorney seminar one time. Got into an elevator with six attorneys. One said “which floor?” “Fifth” (pushes proper button) me: “I love it when my attorney does what I ask him to” followed by five people laughing and one stare.
 

MidlifeFlyer

Well-Known Member
First of all, disclose your immigrant status. Saying you are a 7 year immigrant tells me nothing. Are you a naturalized citizen, green card holder, F-1 visa holder, hb-1 visa holder, or an overstay? TSA cares about that, not a misdemeanor, but a felony will revoke green card status.
Now, the faa may care more about the arrest. If it’s been expunged why would you report it. The whole reason for expungements is to give people a fresh start, to move on.
Perhaps because the instructions for the medical application tell you to? Or perhaps because reporting might be a non-event while not reporting but being found anyway is not? Or perhaps because expungement is not perfect? Or perhaps because the expungement laws of the state where the offense took place have exceptions which permit access in certain situations? Or perhaps because the effect of a state expunction on a federal inquiry is a question without a clear answer? Or perhaps...
 

Pilot Fighter

Well-Known Member
For 30 years I've been reporting an arrest for DWI that was dismissed when the blood test showed me very sober. It has made every security clearance review a hassle.

Last year, I wanted to see the documents. First, my FBI report. Nothing, not a word. Then, Virginia's report, not a word. After digging deeper I found that I was never really arrested. I was detained on suspicion of DWI. As it turns out, if the blood test would have shown me intoxicated I would have been arrested at my court appearance. Sounds like a fair legal procedure that prevents an unfair arrest from hitting your record.

When you spend a night in jail it certainly feels like you've been arrested.
 

NovemberEcho

Dergs favorite member
For 30 years I've been reporting an arrest for DWI that was dismissed when the blood test showed me very sober. It has made every security clearance review a hassle.

Last year, I wanted to see the documents. First, my FBI report. Nothing, not a word. Then, Virginia's report, not a word. After digging deeper I found that I was never really arrested. I was detained on suspicion of DWI. As it turns out, if the blood test would have shown me intoxicated I would have been arrested at my court appearance. Sounds like a fair legal procedure that prevents an unfair arrest from hitting your record.

When you spend a night in jail it certainly feels like you've been arrested.
hmmmm I’ll have to look into that because I also had a DUI that was dismissed. I didn’t even spend the night in jail, just got taken to the station for breathalyzer and then released to my dad. How do I go about checking that?
 

Pilot Fighter

Well-Known Member
hmmmm I’ll have to look into that because I also had a DUI that was dismissed. I didn’t even spend the night in jail, just got taken to the station for breathalyzer and then released to my dad. How do I go about checking that?
I started with request for my FBI file. It had no entries, at all.

Then, made a request from Virginia. My report reflected nothing but was told that Virginia might not have recorded it due to the nature of the case.

I requested the case file (1980's) and found that the file had police notes and odd wording, arrest or detainment on suspicion of DWI. I found an old VA judge and he told me that had the blood results come back confirming that I was over the limit I would actually have been arrested at my court appearance. So, he confirmed that I hadn't been arrested but lawfully detained.

I'm not sure how Virginia handles things today. It is possible that I voluntarily agreed to detainment in lieu of arrest. It certainly felt like I was arrested.
 

MidlifeFlyer

Well-Known Member
For 30 years I've been reporting an arrest for DWI that was dismissed when the blood test showed me very sober. It has made every security clearance review a hassle.

Last year, I wanted to see the documents. First, my FBI report. Nothing, not a word. Then, Virginia's report, not a word. After digging deeper I found that I was never really arrested. I was detained on suspicion of DWI. As it turns out, if the blood test would have shown me intoxicated I would have been arrested at my court appearance. Sounds like a fair legal procedure that prevents an unfair arrest from hitting your record.

When you spend a night in jail it certainly feels like you've been arrested.
That's going to be very different from state to state and maybe even county to county. And rules can change over time.

But a question, especially since someone else is asking about it for their case. Did you stop reporting it?
 

Pilot Fighter

Well-Known Member
That's going to be very different from state to state and maybe even county to county. And rules can change over time.

But a question, especially since someone else is asking about it for their case. Did you stop reporting it?
To avoid getting flagged, I'm considering continuing to report it.

I have an exam scheduled for this month.

I consider my case informative but not necessarily instructive.
 
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CFI A&P

Exploring the world one toilet at a time.

CFI A&P

Exploring the world one toilet at a time.
If your license was never revoked, suspended, or denied I don't think you'll be on the NDR and it only goes back as long as each state wants.
I think you're right on that, but I haven't had to deal with this first hand however, I seem to recall there is an mechanism in which the FAA knows about alcohol related charges.
 

Pilot Fighter

Well-Known Member
I think you're right on that, but I haven't had to deal with this first hand however, I seem to recall there is an mechanism in which the FAA knows about alcohol related charges.
It's my understanding that they'd see an arrest as a result of an FBI record search and revocations, suspensions, and denials as a result of NDR review.
 

TUCKnTRUCK

That guy
To avoid getting flagged, I'm considering continuing to report it.

I have an exam scheduled for this month.

I consider my case informative but not necessarily instructive.
is your AME a HIMS ame? They’d probably at least know who to talk to. When i got my first medical I had to clear a childhood Asthma diagnosis ( had grown out of it many years before) At the end i was told not to report on future medicals. While not the same, I’d imagine if you provide them with supporting evidence that shows no charge/alcohol they’d probably tell you to stop reporting as well.
 

Crop Duster

E pluribus unum
For 30 years I've been reporting an arrest for DWI that was dismissed when the blood test showed me very sober. It has made every security clearance review a hassle.

Last year, I wanted to see the documents. First, my FBI report. Nothing, not a word. Then, Virginia's report, not a word. After digging deeper I found that I was never really arrested. I was detained on suspicion of DWI. As it turns out, if the blood test would have shown me intoxicated I would have been arrested at my court appearance. Sounds like a fair legal procedure that prevents an unfair arrest from hitting your record.

When you spend a night in jail it certainly feels like you've been arrested.
If you spend a night in jail, you HAVE been arrested. However "they" explain it is irrelevant.

It's always important to remember that most cops are just typical first grade teachers, but toting guns. That said, don't forget about the guns.
 
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