employment application

[scrappie]

What is the name of your state (only U.S. law)? MA.
I am 46 yrs old. I was a pilot for a regional airline for about a year up until sept. 11 2001. I had to quit and find other work to support my family because I was only making about 22k/yr and the future did not look that bright.
I am thinking about getting back to flying and have been filling out some applications. A lot of these apps have a question: "have you ever been arrested or convicted" it also says to answer even if you think your record has been expunged or sealed. And if they find out you are lying it will be l grounds for immediate termination.
When I was flying before, I had spent a lot of money on a lawyer to have my records from when I was 18 and 22 yrs old sealed so I would not have to answer yes. When I was 18 I got arrested for minor transporting alcohol and receiving stolen goods. All charges were dismissed or thrown out. Can I legally answer no when they ask if I've been arrested?
It was so long ago but I dont want to have to explain some stupid stuff that takes me out of the running for a job.

 

[RedemptionMan]

What is the name of your state (only U.S. law)? MA.
I am 46 yrs old. I was a pilot for a regional airline for about a year up until sept. 11 2001. I had to quit and find other work to support my family because I was only making about 22k/yr and the future did not look that bright.
I am thinking about getting back to flying and have been filling out some applications. A lot of these apps have a question: "have you ever been arrested or convicted" it also says to answer even if you think your record has been expunged or sealed. And if they find out you are lying it will be l grounds for immediate termination.
When I was flying before, I had spent a lot of money on a lawyer to have my records from when I was 18 and 22 yrs old sealed so I would not have to answer yes. When I was 18 I got arrested for minor transporting alcohol and receiving stolen goods. All charges were dismissed or thrown out. Can I legally answer no when they ask if I've been arrested?
It was so long ago but I dont want to have to explain some stupid stuff that takes me out of the running for a job.

if they are expunged or sealed then it is as if a matter of law as to have not occurred. Why would you provide them with information that you are not required by law to supply?

 

[davew128]

What is the name of your state (only U.S. law)? MA.
I am 46 yrs old. I was a pilot for a regional airline for about a year up until sept. 11 2001. I had to quit and find other work to support my family because I was only making about 22k/yr and the future did not look that bright.
I am thinking about getting back to flying and have been filling out some applications. A lot of these apps have a question: "have you ever been arrested or convicted" it also says to answer even if you think your record has been expunged or sealed. And if they find out you are lying it will be l grounds for immediate termination.
When I was flying before, I had spent a lot of money on a lawyer to have my records from when I was 18 and 22 yrs old sealed so I would not have to answer yes. When I was 18 I got arrested for minor transporting alcohol and receiving stolen goods. All charges were dismissed or thrown out. Can I legally answer no when they ask if I've been arrested?
It was so long ago but I dont want to have to explain some stupid stuff that takes me out of the running for a job.

In MA they are prohibited from even asking those questions on the application now.

 

[cbg]

Are you applying for jobs with small private carriers or with major airlines?

 

[scrappie]

Are you applying for jobs with small private carriers or with major airlines?

I am re-applying to regionals to hopefully spend some time there and apply to majors in a few years possibly.

 

[cbg]

All in MA?

 

[scrappie]

I am re-applying to regionals to hopefully spend some time there and apply to majors in a few years possibly.

I have no problem when a question is asked " have you ever been convicted" or "in the last ten years" but when the question is " have you ever been arrested?" it causes me some pause and I don't want to get caught and have it seem like I am hiding something.
What kind of background checks do they do and can they see that stuff from so long ago that I thought law enforcement was only able to see? Now that the TSA is involved are background checks for someone like myself more in-depth and revealing?

 

[swalsh411]

I agree with RedemptionMan. Answer no.

 

[cbg]

If you are applying to private companies in MA, they may not (legally) ask about arrests that did not lead to a conviction. That is what I am trying to get at.

Other laws may apply if you are applying in other states, or if you are applying for a position where you would be a Federal employee.

 

[scrappie]

If you are applying to private companies in MA, they may not (legally) ask about arrests that did not lead to a conviction. That is what I am trying to get at.

Other laws may apply if you are applying in other states, or if you are applying for a position where you would be a Federal employee.

Most if not all the air carriers that I am applying to are not based in MA. TX is one GA may be another and I have to check on the others. Quite a dilemma I have and I prefer being honest but legally I want to cover my ass and not shoot myself in the foot at the same time. I just wish I knew what they can or can't see then I would be able to decide how to approach such a question.

 

[cbg]

What they CAN see, what they WILL see, and what they can USE do not necessarily coincide. Depending on what questions they ask (and to a certain extent who they are) they might be able to see all the way back to what grade you got in fingerpainting in kindergarten. What they WILL see depends on what questions they ask, and what they can USE depends on the factors I mentioned above.

 

[RedemptionMan]

Most if not all the air carriers that I am applying to are not based in MA. TX is one GA may be another and I have to check on the others. Quite a dilemma I have and I prefer being honest but legally I want to cover my ass and not shoot myself in the foot at the same time. I just wish I knew what they can or can't see then I would be able to decide how to approach such a question.

here is the thing, if they are using a credit reporting agency and/ or a third party consumer reporting agency then they will not report it. However, if their scope involves other things including governmental clearances then it could get dicey. Since the charges were dropped or dismissed? nole processed? Were they felonies or misdemeanors? Almost all states allow for dropped or dismissed charges that do NOT result in a valid conviction to be erased from the record. I have never seen an application ask specifically for arrests that did not result in a conviction since anyone could be arrested for anything. Kind of not understanding if you have worked for regional airlines before and not had a problem then why would you think that there could be a problem now?

 

[scrappie]

here is the thing, if they are using a credit reporting agency and/ or a third party consumer reporting agency then they will not report it. However, if their scope involves other things including governmental clearances then it could get dicey. Since the charges were dropped or dismissed? nole processed? Were they felonies or misdemeanors? Almost all states allow for dropped or dismissed charges that do NOT result in a valid conviction to be erased from the record. I have never seen an application ask specifically for arrests that did not result in a conviction since anyone could be arrested for anything. Kind of not understanding if you have worked for regional airlines before and not had a problem then why would you think that there could be a problem now?

Its been like 11 yrs and a lot has happened since then, especially with the airlines. So I am not sure if now opposed to pre- 9/11, things are researched more or done differently. All charges were dismissed and they were: Minor transporting alcohol, malicious destruction of property, trespassing and receiving stolen property, all in 1985 and 1990.
I did an FBI record check years ago and it came back with no record. My lawyer said in a letter to me that I can state with confidence in all future employment applications that you have no record.
This is all great but what if someone asks me if I have ever been arrested? Would I be lying if I said NO? Could I be accused of falsifying records and persecuted? If they find out I lied and get fired for it I will have that on my employment record with an airline and will never get hired by any airline after that.
I just sent my prints to the FBI again last week to check again and also requested a record from the NDR.
If this FBI record comes back clean again with no record is this the same thing the airlines will see? I just want to be sure before I purger myself I guess. If I get caught in a lie my future working for an airline or possibly any other flying job is pretty much over.

 

[RedemptionMan]

My lawyer said in a letter to me that I can state with confidence in all future employment applications that you have no record.

^this is good advice.

 

[scrappie]

^this is good advice.

Thanks for everyones input on the matter. I have been on some airline pilot forums and researched the question and it is very mixed. I guess I still don't have a real clear answer to the question "have you ever been arrested?"
Can anyone recommend a third party firm that does background checks or maybe a way to find out which companies do work for the airlines if they source it out?