Out of USA criminal conviction

#1
Since my last FAA medical, I ended up with a family court generated criminal conviction that I'm
still appealing and on I made sure I gave full disclosure to the folks at the border and do not have a problem
entering the USA. I'm also flying to and from the US but on my Canadian licence.

For the first time, I had to disclose the criminal it on FAA medical form, and the AME advised it
goes to OK for "review". I'm wondering if anyone else has been through anything like this.
I have no DUI or traffic, or drugs etc. Purely a she said with zero credibility that ended up with a conviction
and which I hope to have appealed but its not a high probability of success on the face.

My plan is to provide the FAA with full disclosure it has to be by snail mail and it will be a large number of documents.
If I just keep it to the conviction details, I feel it leaves the wrong record.

I had to get other employment related licences recently that required full disclosure and an investigation
that all came out favorably. I gave one of those to the FAA.

Any info appreciated.
 

MidlifeFlyer

Well-Known Member
#2
I can't give legal advice on a forum, but, generally speaking, the FAA's purpose in looking into criminal convictions (aside from the obvious drugs and alcohol) is to determine whether they are signs of a personality disorder which could be a potential flight safety issue.
 
#3
Hi Mark, agreed this forum is not legal advice and will not be construed as such by me here etc. That was my understanding, and I'm confident that any digging will come back in my favor. Now, I will throw in a psychiatric assessment that I did preemptively.
 

MidlifeFlyer

Well-Known Member
#4
Hi Mark, agreed this forum is not legal advice and will not be construed as such by me here etc. That was my understanding, and I'm confident that any digging will come back in my favor. Now, I will throw in a psychiatric assessment that I did preemptively.
Personally, I would avoid throwing in much "preemptively" without some reliable advice recommending it. But that's just me. And Shakespeare ;)
 
#5
Good point, I did not realize that Shakespeare was so knowledgeable about legal matters.
I'll start with what I think is the bare minimum and see what else they ask for.
 

Stone Cold

Well-Known Member
#6
Good point, I did not realize that Shakespeare was so knowledgeable about legal matters.
I'll start with what I think is the bare minimum and see what else they ask for.
I would start with a lawyer and go with what their advice is. Don't mess around with your career or the FAA. I would also refrain from posting about this on any forum or social media. Just my opinion...
 

MidlifeFlyer

Well-Known Member
#7
Good point, I did not realize that Shakespeare was so knowledgeable about legal matters.
Oh he was. Remember, he figured out that in order to have tyranny, "The first thing we do, let's kill all the lawyers." Although, in this case, it's about the prblem of "...protesteth too much..." :D

And I agree with @Stone Cold about 98%. Definitely avoid any discussion on social media (and don't take any advice from SGOTI).

On starting with a lawyer, it depends. A lawyer is helpful in translating what actually occurred in a case into understandable English. Through the years I've found an awful lot of folks have no idea what actually happened - even down to whether they were convicted or not. With all the procedural give and take in a "deal" it can be hard for a nonprofessional to tell. But, unless the case is too old or the defendant represented himself, that's the job of the lawyer who handed the case. The second area where a lawyer is helpful is whether it's something which needs to be disclosed or not.

But once those two are resolved - it was a conviction and it is disclosed - it's usually an FAA medical issue. What is needed to satisfy OK City. As I often tell clients when I refer them to a senior AME for consultation, "This is a medical issue, not a legal one. You don't want it to become a legal one."
 
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