Can I Get a Pilot’s License with a Misdemeanor?

ben johnson Mar 12, 2020

In the world of aviation, what happens on your personal time can have an affect on your ability to fly. One common question for new pilots and people considering flight training is: Will a misdemeanor conviction disqualify me from getting a pilot’s license?

The truth is, if the conviction is not drug or alcohol related, it probably won’t affect your ability to get a pilot’s license. Chances are that drug and alcohol related charges will be a problem. If you hope to work for an airline, the airline will determine whether they believe the conviction is problematic for their needs and company culture.

But before you lose hope or assume you’re in the clear, it’s important to consider the following critical information.

Drug and Alcohol Convictions

The FAA is dead serious about criminal convictions that have anything to do with misuse of drugs and alcohol. According to Federal Aviation Regulation 61.15, the FAA considers the following violations as problematic:

A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances. (FAR 61.15)
Acting as an aircraft crewmember within 8 hours of the consumption of any alcohol. (FAR 91.17)
Acting as an aircraft crewmember while using any drug that affects the person's faculties in any way contrary to safety. (FAR 91.17)
Acting as an aircraft crewmember with a blood alcohol level of .04 or higher. (FAR 91.17)
Failure to remove visibly intoxicated individuals from the aircraft before flight. (FAR 91.17)
Operating a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in the aircraft. (FAR 91.19)
2 drug or alcohol related motor vehicle events that result in one of the following within a 3-year period:
- Conviction for operating a motor vehicle while under the influence of alcohol or drugs (DUI) after November 29, 1990. (FAR 61.15)
- Revocation of a driver’s license for operating a motor vehicle while under the influence of alcohol or drugs (DUI) after November 29, 1990. (FAR 61.15)
- Denial of an application for a motor vehicle license for a cause related to operating a motor vehicle under the influence of alcohol or drugs (DUI) after November 29, 1990. (FAR 61.15)
Failure to report any of the previous convictions to the FAA. (FAR 61.15)

A conviction for any of these gives the FAA grounds to deny any application you make for a certificate, rating, or authorization. It also is grounds to have any existing certificate, rating, or authorization suspended or revoked.

In other words, chances are, if you have any of these convictions, you won’t be able to get a new pilot’s license, and if you already have one, the FAA can suspend it temporarily or take it away permanently.

Other Convictions

For convictions of misdemeanors that are not drug or alcohol related, there is a much better chance that the FAA will not keep you from getting a new certificate or suspend your current certificate.

One exception to this is if your conviction gets you in trouble with TSA or the Department of Homeland Security. The FAA isn’t going to let you fly if you are a national security risk.

Of course, this article can’t cover every possible situation or type of conviction. So I can’t promise that your conviction won’t have an affect on your permission to fly. The difference between keeping your license and losing your license could depend on how you handle things after you have been convicted.

Will a Misdemeanor Affect My Aviation Career?

While there’s a good chance a non drug or alcohol misdemeanor will not affect your ability to get or keep a private pilot’s license, things get less clear when we discuss a career in aviation.

According to Federal Aviation Regulation 61.153, one of the requirements to become and Airline Transport Pilot (ATP, which is required to fly for an airline), is that the applicant “be of good moral standing”. This qualification is purposefully vague. It opens the door for nearly any type of character problem that could affect the pilot to be trusted with the safety of his or her passengers.

Obviously, a criminal conviction could be considered as a moral problem that could preclude someone from getting an ATP certification. And without that certification, flying for an airline isn’t going to happen.

Whether or not the FAA will reject your application will depend on the nature of your conviction and the FAA’s assessment of that conviction.

The other factor that can affect someone’s ability to fly for an airline is the requirements the airlines have for their applicants. In order to ensure the safety of their passengers, they can ask their pilot applicants to disclose their criminal background. Many airlines have this question right in their application process. I’ve even seen a quote from an airline application requesting information about criminal charges that did not lead to a conviction.

Obviously, how seriously an airline looks at your criminal history will depend on the nature of your conviction, the airline’s assessment of your conviction, and the needs of the airline at the time you apply. If there are more pilot’s than positions available, criminal convictions will most likely be taken more seriously. But if airlines are hurting for pilots, they are going to be far more willing to overlook certain convictions.

What Do I Do if I Get a Misdemeanor?

Get Legal Help!

If you are convicted of a misdemeanor, it is extremely important that you speak to a lawyer who specializes in aviation law. And it’s important to speak with someone quickly. For some drug and alcohol convictions, it is necessary to report the conviction to the FAA within 60 days of the conviction. How you report your conviction to the FAA can make or break your ability to fly.

Lawyers who know their stuff can help you present your case to the FAA in a way that gives you a better chance of getting or keeping your certificate. They often know methods and procedures that can keep you from the difficulty of getting an FAA ruling overturned. So, it is critical that you speak with an aviation attorney before you report your conviction to the FAA.

It is important that you are open and honest with your attorney about your conviction. They cannot help you well if they don’t have accurate information. This isn’t the time to be shy or to sweep things under the rug. Assume all the information will come out one way or another. But if you’re the one to disclose it to your attorney, he or she will be able to do a better job of defending you.

If you need aviation legal assistance, the Aircraft Owner and Pilot’s Association (AOPA) has a Pilot Protection Program that gives members access to lawyers who can offer advice and speak up on their behalf. (http://pilot-protection-services.aopa.org/)

Be Honest!

The worst thing you can possibly do is to try and cover up your criminal history. There is no real way to hide it. And if it is discovered that you’ve been less than perfectly honest…especially with the FAA…people will interpret your actions as a lack of good character.

Integrity is a critical character trait in aviation. If you can’t be trusted to tell the truth regarding your criminal history, how does anyone know you will be truthful in other, flight safety related issues?

This honesty involves reporting your criminal history in the required time frame.

As previously mentioned, the FAA requires drug and alcohol related convictions be reported within 60 days of the conviction.

For non drug and alcohol convictions, you will be required to report at your next aeromedical exam. On the application for a first, second, and third-class medical certificates (FAA Form 8500-8-GG), it is required to disclose all drug and alcohol related and all non-traffic related misdemeanors and felonies. It is critical that this form be filled out honestly and accurately.

Don’t Lose Hope!

While it can be scary to deal with criminal convictions, it’s important to know that a misdemeanor conviction does not necessarily mean you won’t be able to fly. Nothing in aviation is guaranteed. For every rule there is a way to appeal the rule.

With good legal assistance, even the most “clear cut case” may not need to be as grounding as it appears at first glace.

Warning!!!

As I’ve made clear in this post, I am not a lawyer and I don’t even pretend to play one on TV. This is not legal advice. If you need legal advice you should contact a professional aviation lawyer.