Question:
Lori,
I read your reply to the wife who's husband had a burglary record three years ago. My case is different. When I was 19 back in 1976 I was convicted of delivery of cannabis ( 2 counts). I plead guilty to one count and they dropped the other. It was like 2 ten ounce bags, (was getting it for a friend, STUPID) back then it was anything over seven ounces was a felony. Today it would be a misdemeanor. My record has been clean since and I think I am of good character. I don't think I fall under CFR 14. What do you think? Should I just be straightforward with them up front and see what they say, or hope that the record is so old (32 years) that they won't pay any attention to it. This is a stupid thing I did as a kid and I hope it won't kill my dream. Hope you answer. Thank you!!!!
Answer:
Your conviction may show up on your record, in which case I would recommend ordering your own background check to see what is there. If it is listed you must disclose it to the airline and of course be prepared to discuss it in your interview.
BUT, with regard to your specific question about disqualification it doesn’t appear to be a disqualifier. Note* My determination is based on the date of the conviction, not the charge. The charge you stated “delivery of cannabis” doesn’t appear to be the actual charge – perhaps drug trafficking or distribution?
It appears to me that this conviction is not a factor with regard to the 28 disqualifying offenses. In paragraph two of 14 CFR 107.31 it specifically states the conviction must be on or after 12/6/1991 AND subparagraph (d) further illustrates it must be within 10 years of your SIDA application to be a disqualifier.
Long and short: in my opinion it is not a disqualifier for obtaining unescorted access authority for a SIDA badge. That doesn’t mean that you won’t have to disclose the event as it still may appear on your FBI background check, just that it isn’t a show stopper for you.
14CFR107.31 excerpt
2) When a CHRC discloses a disqualifying criminal offense for which the conviction or finding of not guilty by reason of insanity was on or after December 6, 1991, the airport operator must immediately suspend that individual's authority.
(d) Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty of by reason of insanity, of any of the disqualifying crimes listed in this paragraph in any jurisdiction during the 10 years before the date of the individual's application for unescorted access authority, or while the individual has unescorted access authority.
Visit:www.access.gpo.gov for more information and the complete CFR.
Regards,
Lori Clark
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3 comments:
It was grams not ounces, my bad (2 10 gram bags, over 7 grams was a felony). It was bad enough, don't want it to be THAT BAD!!!!
The charge was: Delivery of Cannabis. They might not have it now, but they did in the seventies in Florida. "The good ol days"
Hi
I read this post two times.
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Let me introduce other material that may be good for our community.
Source: Airline interview questions
Best regards
Henry
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