Being a pilot i am required to take a physical every year.during my divorce my ex wife filed false charges of battery, burglary, on me . The arrest report said Felony Battery. mis burglary. However she dropped the charges and i was on supervised release for 7 months until the state decided they didn't want to pursue the case. Do I have to say YES to the question ( Have I been charged with any crimes since my last physical?) also is a request for a rest order due to domestic violence considered a crime since it was denied. I'm asking because if they look at my record at the clerks of court page i look like a habitual criminal..when in fact it was all due to a crazy ex..and can i get that page cleared somehow? Thanks
You should be truthful on any employment application, especially a federal licensing application.
Yours is not a criminal law question, it is an employment law question. However, if you are asked whether you were arrested, you were. If you were asked whether you were charged, the answer depends on whether a felony or misdemeanor information was filed. (You can be arrested and not charged). We don't know what the word "dropped" means. That is not a legal term of art.
Your disposition was either Dismissed, Nolle Prossed, or Acquitted. If you pled to the charges, you either pled guilty or no contest and the judge either withheld adjudication or adjudicated you guilty.
Those are the answers you should give on an employment application and you are allowed to explain.
If you are uncertain of your disposition or need help in answering questions on your application correctly, you may hire an attorney to read the application, obtain all of the documentation from the clerks office and help you fill it out in a way that would be legal and at the same time, afford you the best chances of being considered for the license and the position.
About erasing the event:
Florida allows you to expunge your arrest and court records if you were not adjudicated guilty of this or any other crime and if you have never sealed or expunged a criminal case before.
Many of us offer this service. Use the find a lawyer feature on this website to select an attorney to expunge your case if you need to legally be able to deny you were ever arrested in most circumstances.
As to the injunction:
The injunction is a civil matter. It was not an arrest, it is an allegation like any civil lawsuit. It was either proven or not but either way it may not be sealed or expunged.
You're not being asked about lawsuits or civil matters, you're being asked whether you were arrested and or convicted.
Here's the scoop on injunctions. If a temporary junction was issued and allowed to expire, there was never a finding that you were issued a permanent injunction.
If a permanent injunction was issued and it is now dismissed, there was a civil finding but you have no restrictions against you and this is still a civil matter, not a criminal case on your record.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
It is always best to be completely honest and disclose these charges. Important to emphasize that all charges were dropped. Remember, you have a constitutional presumption of innocences until proven guilty.
You should like into expunging these charges. You are only entitled to one expungement, but if these acts are related, you might be able to cover them all with one expungement order.
Please let us know if these answers are helpful. Good luck.
Here is what the Aviation Medical Examiner must do prior to issuing you a medical if you properly complete block 18v. (http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/media/guide.pdf)
18.v. History of Arrest(s), Conviction(s), and/or Administrative Action(s). Arrest(s), conviction(s) and/or administrative action(s) affecting driving privileges may raise questions about the applicant's fitness for certification and may be cause for disqualification. (See Items 18.n. and 47). A single driving while intoxicated (DWI) arrest, conviction and/or administrative action usually is not cause for denial provided there are no other instances or indications of substance dependence or abuse.
The events to be reported are specifically identified in Item 18.v. of FAA Form 8500-8. If yes is checked, the applicant must describe the arrest(s), conviction(s), and/or administrative action(s) in the EXPLANATIONS box. The description must include:
• The alcohol or drug offense for which the applicant was arrested, convicted, or the type of administrative action involved (e.g., attendance at an educational or rehabilitation program in lieu of conviction; license denial, suspension, cancellation, or revocation for refusal to be tested; educational safe driving program for multiple speeding convictions; etc.);
• The name of the state or other jurisdiction involved; and
• The date of the arrest, conviction, and/or administrative action.
Note: If the applicant documented ALL of the above information on previous exams AND there are no new arrest(s), conviction(s), and/or administrative action(s) since the last application, the applicant may enter PREVIOUSLY REPORTED, NO CHANGE.
For all first-time reports of arrest(s), conviction(s), and/or administrative action(s) the Examiner must do the following prior to issuing an airman medical certificate:
• Obtain a detailed history of the applicant's alcohol use, the circumstances surrounding all alcohol-related incidents (include those reported in 18v and any others that may have occurred);
• Obtain copies of all court records and arrest reports related to the event(s) if the incident(s) occurred within the 5 years prior to the exam. This includes copies of relevant military records if the incidents occurred while the applicant was a member of the U.S. armed forces (includes military court records, records of non-judicial punishment, and military substance abuse records);
• Document those findings in Item 60. (See Item 47);
• Forward the court records, arrest reports, and any military records to AMCD; and
• Advise the applicant that the reporting of alcohol or drug offenses (i.e., motor vehicle violation) on the history part of the medical application does not relieve the airman of responsibility to report each motor vehicle action to the FAA within 60 days of the occurrence to the:
Security and Investigations Division
AMC-700
P.O. Box 25810
Oklahoma City, OK 73125-0810
"Whoever in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or who makes any false, fictitious or fraudulent statements or representations, or entry, may be fined up to $250,000 or imprisoned not more than 5 years, or both" (Title 18 U.S. Code. Secs. 1001;3571).
You MUST disclose the arrest and if there were charges. At a minimum you are going to have to take the case records to the AME. Please also remember that the AME represents the government with regard to your medical fitness to fly. This means that incriminating statement, trash talking your ex, etc., could harm your application and will also be diligently recorded by the AME. I would recommend hiring a Florida aviation attorney who is also a pilot to prepare your application and be ready to defend your rights with regard to your airman medical certificate.
