FAA Policy Statement On Expungement Of Certain Enforcement Actions
February 14, 2011 - In 1991, the FAA adopted a policy of
expunging records of certain closed legal enforcement
actions against individuals. This includes both airman
certificate holders and non-holders, such as passengers.
Among other things, the policy provides that, in
general, records of legal enforcement actions involving
suspension of an airman certificate or a civil penalty
against an individual are maintained for five years,
Cases closed with no enforcement action are expunged
within ninety days. In addition, the FAA has a policy of
expunging records of administrative actions after two
years that was in existence at the time of and was left
unchanged by the adoption of the 1991 expunction policy.
1, 2010, the Airline Safety and Federal Aviation Administration
Extension Act of 2010,
111-216, 124 Stat. 2348 (2010) (?Act?), was signed into law.
The Act amends the Pilot Records Improvement Act (?PRIA?) by
requiring the FAA to create a pilot records database.
carriers will use this database to perform background checks on
pilots before hiring them, as required by PRIA. The database
will contain various types of records, including summaries of
legal enforcement actions against individuals resulting in a
finding by the FAA Administrator of a violation.
These records must be kept by the FAA until it receives notice that the individual is deceased. The requirement to keep these records began on the date of the law's enactment, August 1, 2010.
five-year expunction of certain legal enforcement action records
is not consistent with the Act's amendments to PRIA. Although
the requirement to maintain the records began on August 1, 2010,
the FAA last expunged on November 1, 2010, as we began
determining which records must be kept in order to comply with
November 1, 2010 expunction covered records from scheduled for
expunction during October. We will continue to expunge records
of administrative actions and cases with no enforcement action,
as PRIA does not require the FAA to put this information in the
pilot record database.
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