Fema Employment

Do the airlines have access to sealed and expunged criminal records during employment screening?

Hi, I am a pilot about to move up to the regional airlines from my job as a flight instructor. When I was younger (18) I had several criminal records expunged and sealed. To my understanding of state and federal statutes any employee who is not holding a position in public office such as an attorney or police officer need admit that he or she has ever had a criminal conviction if that conviction is sealed or expunged. Are pilots required by law to disclose information regarding sealed and expunged records? If yes or no please post the appropriate federal statute in your response to my question so that I may refer to it for reference. Just curious...I have heard two sides to this story and no proof of either. If you have the black and white on this that would be great. I would really appreciate your help with this to any aviation attorneys out there.

Public Comments

1. Well, 'yes and no'. The *airlines* do not have access to sealed or expunged records. BUT.... TSA does. Since you're moving into a job where you'll need airside access, you're fairly soon going to need to apply for a TWIC -Transportation Workers Identification Credential - which is issued by the TSA. TWIC is currently only being used at maritime ports, but expansion to airports is starting very soon. The bad news is that TSA has access to sealed or expunged records in order to approve or deny TWIC requests. The good news is that only pretty serious offences are grounds for denial. QUOTE: What are the permanent disqualifying criminal offenses? Per 1572.103(a): (1) Espionage or conspiracy to commit espionage (2) Sedition or conspiracy to commit sedition (3) Treason or conspiracy to commit treason (4) A federal crime of terrorism (18 U.S.C. 2332(g)) or comparable State law (5) A crime involving a TSI (transportation security incident). Note: A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. The term "economic disruption" does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute. (6) Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law (7) Unlawful possession, use, sale, distribution, manufacture, purchase...or dealing in an explosive or explosive device (8) Murder (9) Threat or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility (10) Certain RICO (Racketeer influenced and Corrupt Organizations) Act violations where one of the predicate acts consists of one of the permanently disqualifying crimes (11) Attempt to commit the crimes in items (a)(1)-(a)(4) (12) Conspiracy or attempt to commit the crimes in items (a)(5)-(a)(10) Note: - Convictions for (a)(1)-(4) are not eligible for a waiver. - Convictions for (a)(5)-(12) may be eligible for a waiver if the applicant is initially disqualified What is an interim disqualifying criminal offense? Conviction within 7 years of TWIC application, or a finding of not guilty by reason of insanity of an interim disqualifying criminal offense Release from incarceration for an interim disqualifying criminal offense within 5 years of application Under want, warrant, or indictment for an interim disqualifying criminal offense (until the want or warrant is released or the indictment is dismissed) Interim disqualifying crimes are eligible for a waiver - see next question What are the interim disqualifying criminal offenses? Per 1572.103(b)(2): (i) Unlawful possession, use, sale, manufacture, purchase, distribution...or dealing in a firearm or other weapon (ii) Extortion (iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering (except welfare fraud and passing bad checks) (iv) Bribery (v) Smuggling (vi) Immigration violations (vii) Distribution, possession w/ intent to distribute, or importation of a controlled substance (viii) Arson (ix) Kidnapping or hostage taking (x) Rape or aggravated sexual abuse (xi) Assault with intent to kill (xi) Robbery (xii) Fraudulent entry into a seaport (xiii) Lesser violations of the RICO (Racketeer Influenced and Corrupt Organizations) Act (xiv) Conspiracy or attempt to commit crimes above Note: - Applicants may be eligible for a waiver if initially disqualified for any of the above Richard