I have a DUI in WY that was dismissed after a deferred sentence after probation? Do I have to report that on FFA App Med Cert.
Do I have to disclose this on application?
2 Attorney Answers
Best Answer
This is not a criminal defense question; It is an administrative / regulatory / licensing question, and I cannot tell you whether or not you have to report your dismissed WY DUI after a deferred sentence and probation.
If you want to increase your odds at getting a competent answer then you should ask the only folks who can provide you an answer, to wit: the FAA. For your convenience I have attached a link to their website below.
Please see: https://www.faa.gov/licenses_certificates/medical_certification/
What I can say is that unfortunately, it is probably a safe bet to assume that if you were arrested anytime in the digital age then your criminal record will almost certainly remain with you forever. To some degree or another this is true regardless of whether your ultimately seal or expunge a case. All arrests are matters of public record, and, even if they are subsequently removed from the public record they still remain alive and well in various private records. This is one down-side to technology.
You might want to do your own background check to see what pops up. Forewarned is forearmed. If your prior indiscretion appears then, for better or for worse, you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.
Wishing you luck and hoping that I have been helpful in properly re-directing your question.
If you want to increase your odds at getting a competent answer then you should ask the only folks who can provide you an answer, to wit: the FAA. For your convenience I have attached a link to their website below.
Please see: https://www.faa.gov/licenses_certificates/medical_certification/
What I can say is that unfortunately, it is probably a safe bet to assume that if you were arrested anytime in the digital age then your criminal record will almost certainly remain with you forever. To some degree or another this is true regardless of whether your ultimately seal or expunge a case. All arrests are matters of public record, and, even if they are subsequently removed from the public record they still remain alive and well in various private records. This is one down-side to technology.
You might want to do your own background check to see what pops up. Forewarned is forearmed. If your prior indiscretion appears then, for better or for worse, you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.
Wishing you luck and hoping that I have been helpful in properly re-directing your question.
Best Answer
I agree that this is more of an Aviation Law question than a criminal one. However, if you got a 301 deferral under Wyoming law, the statute is clear that it is not a conviction for any purpose. Nevertheless, people have been forced to disclose this type of information when they were applying to be admitted to the bar as lawyers. One person even had to petition to unseal a juvenile conviction in another state for shoplifting. The first thing I would do is read the application for Class 3 Airman Certificate very carefully and see exactly what it is asking you for. If it says "conviction," I think you can probably say no, and the Wyoming law would likely insulate you from criminal liability under 18 USC 1001 for lying to the federal government. The lack of candor could still prejudice the regulatory decision whether to give you a medical card.
I once tried to train and license as a pilot, but found that there were just too medications I must take that the FAA regards as disqualifying, so I can only get a Sport Pilot license. That's not much use, because my local FBO only has Cessna 152s and 172s to train in, which are too big for Sport Pilot certification. I finally gave up, until Congress amends the law or the FAA promulgates easier FARs.
I once tried to train and license as a pilot, but found that there were just too medications I must take that the FAA regards as disqualifying, so I can only get a Sport Pilot license. That's not much use, because my local FBO only has Cessna 152s and 172s to train in, which are too big for Sport Pilot certification. I finally gave up, until Congress amends the law or the FAA promulgates easier FARs.