Can a Felon Be a Commercial Pilot? Disqualifiers and Appeals

A felony conviction does not automatically end your chances of becoming a commercial pilot, but whether a felon can be a commercial pilot depends on which offense is on the record, how much time has passed, and whether you can clear three separate reviews: the FAA’s evaluation of your character, the TSA’s security threat assessment, and the airline’s own hiring standards. Failing any one of those stops the career cold.

The Three Gatekeepers

Federal regulations require an applicant for an Airline Transport Pilot certificate to be “of good moral character.”1eCFR. 14 CFR 61.153 – Eligibility Requirements: General The FAA does not define that phrase with a bright-line test. An inspector reviews each applicant individually, weighing the seriousness of any criminal conduct, how long ago it happened, and what the person has done since. Evidence of rehabilitation matters here: completed treatment, years of law-abiding conduct, stable work, community involvement. A fraud conviction from fifteen years ago followed by a clean record reads very differently than a recent drug trafficking charge.

The TSA runs a separate track. Every person who wants to start flight training must complete a TSA Security Threat Assessment and receive a Determination of Eligibility before beginning.2eCFR. 49 CFR 1552.31 – Security Threat Assessment Required for Flight Training Candidates The check runs an FBI fingerprint-based criminal history search against a specific list of disqualifying crimes.3eCFR. 49 CFR Part 1552 Subpart B – Security Threat Assessments You can satisfy every FAA requirement and still be blocked at this stage.

Airlines are the third gate, applying their own hiring standards on top of both federal reviews.

Felonies That Permanently Disqualify You

The TSA maintains a list of offenses that bar eligibility regardless of when the conviction happened:4Transportation Security Administration. Disqualifying Offenses and Other Factors

  • Espionage, sedition, or treason
  • A federal crime of terrorism
  • A crime involving a transportation security incident
  • Improper transportation of hazardous materials
  • Offenses involving explosives or explosive devices
  • Murder
  • Bomb threats against public transportation or government facilities
  • RICO violations where a predicate act is itself a permanently disqualifying crime
  • Attempts or conspiracies to commit any of the above

No waiting period, no waiver, no rehabilitation argument overcomes a permanent disqualification.

Federal law also mandates revocation of any FAA-issued certificate if the holder is convicted of producing, selling, or installing counterfeit or fraudulent aviation parts.5Office of the Law Revision Counsel. 49 USC 44726 – Revocation of Certificate for Counterfeit Parts Violations And once a certificate is revoked under federal drug-trafficking laws, the FAA generally cannot reissue it unless law enforcement requests a waiver.6Office of the Law Revision Counsel. 49 USC 44703 – Airman Certificates

Felonies With a Waiting Period

A second TSA category disqualifies you only if the conviction is within the past seven years or you were released from incarceration within the past five:4Transportation Security Administration. Disqualifying Offenses and Other Factors

  • Unlawful possession, sale, or distribution of firearms or other weapons
  • Extortion
  • Fraud, dishonesty, or misrepresentation, including identity fraud and certain money laundering
  • Bribery
  • Smuggling
  • Immigration violations

Once you clear the lookback window, an interim offense no longer automatically disqualifies you, though it still factors into the broader assessment.

The TSA also holds a catch-all. Even if your offense appears on neither list, eligibility can be denied based on “extensive foreign or domestic criminal convictions, a conviction for a serious crime not listed” in the main categories, or a prison term exceeding 365 consecutive days.4Transportation Security Administration. Disqualifying Offenses and Other Factors Robbery, kidnapping, and arson sit in this discretionary zone. The TSA does not have to reject you for them, but it can.

Drug and Alcohol Convictions Get Special Treatment

A conviction under any federal or state law related to narcotic drugs, marijuana, or other controlled substances is grounds for denial of any pilot certificate for up to one year after the conviction date, or for suspension or revocation of any certificate you already hold.7eCFR. 14 CFR 61.15 – Offenses Involving Alcohol or Drugs This runs from possession all the way up to manufacturing.

Alcohol-related driving offenses come with a separate reporting duty. If you hold any FAA-issued certificate and receive a DUI or similar conviction, you have 60 calendar days to send a written notification to the FAA’s Security and Hazardous Materials Safety Office.8Federal Aviation Administration. Airmen and Drug- and/or Alcohol-Related Motor Vehicle Action(s) Failing to file that report is itself grounds for denial of future applications for up to one year, or for suspension or revocation of existing certificates.7eCFR. 14 CFR 61.15 – Offenses Involving Alcohol or Drugs The missed report can hurt you as much as the DUI. Applicants who assume a state-level conviction will never reach the FAA tend to learn otherwise the hard way.

Disclose Everything

The Airman Medical Certificate application (FAA Form 8500-8) asks about alcohol-related motor vehicle actions and non-traffic criminal convictions.9Federal Aviation Administration. Form FAA 8500-8 – Application for Airman Medical Certificate The pilot certificate application (Form 8710-1) separately asks about controlled-substance convictions.

Omitting or lying about a conviction on either form is treated as intentional falsification of a federal document. The FAA treats falsification as a standalone basis for denying any future application and revoking any certificates you already hold.10Federal Aviation Administration. Guide for Aviation Medical Examiners – Applicant History More careers end here than from the underlying conviction. The FAA cross-references your answers against FBI criminal databases, so an undisclosed conviction is likely to surface. Disclose a felony and you get a chance to explain it. Get caught hiding one and there is almost no path forward.

What Expungement and Pardons Actually Do

If your conviction was expunged, sealed, or pardoned, you might assume it disappears from the process. It does not. The TSA runs FBI fingerprint-based background checks that look deeper than public record searches. Expungement seals a record from most employers and public databases, but federal agencies performing security screenings can still see the underlying conviction. An expunged drug felony or violent crime may still trigger the same disqualifying-offense analysis.

A presidential or gubernatorial pardon carries more weight because it formally forgives the offense, but the TSA is not required to treat a pardoned conviction as if it never happened. The practical effect varies with the offense and the reviewing agency. If your record has been sealed or pardoned, consult an aviation attorney before assuming it clears the way.

If You’re Denied

FAA Appeals Through the NTSB

If the FAA denies your certificate application, you can appeal to the National Transportation Safety Board. An administrative law judge holds a hearing and issues a decision. If you lose there, you can appeal to the full NTSB Board, and after that petition the U.S. Court of Appeals for judicial review.11National Transportation Safety Board. Description of the Airman Appeals Process The petition for judicial review must be filed within 60 days of the Board’s order.12Office of the Law Revision Counsel. 49 USC 46110 – Judicial Review of Orders

TSA Appeals

When the TSA issues an Initial Determination of Threat Assessment against you, you have 60 days to begin an appeal. You can request copies of the materials the TSA relied on, submit evidence that a criminal record is erroneous, or file a written reply explaining why you meet the eligibility standards. Do nothing within those 60 days and the initial determination automatically becomes final.13eCFR. 49 CFR 1515.5 – Appeal of Initial Determination of Threat Assessment Missing that window shuts the door permanently on that application.

Clearing the Feds Isn’t the End

Airlines are private employers with their own standards. Most major carriers run 10-year background checks that go beyond the federal minimums, and a felony that technically falls outside the TSA’s lookback windows may still disqualify you under an airline’s internal policy. Regional carriers and cargo operators tend to be somewhat more flexible than major airlines, but none ignore a felony entirely. Working at an airline also typically requires a separate airport security credential, often called a SIDA badge, which uses the same permanent and interim disqualifier framework and can also weigh mental health adjudications and prior transportation security violations.4Transportation Security Administration. Disqualifying Offenses and Other Factors

International routes add another layer. Canada, for example, can deny entry to anyone with a criminal conviction, including offenses as common as impaired driving or drug possession.14Government of Canada. Overcoming Criminal Convictions A pilot who cannot enter Canadian airspace is a scheduling liability for any airline that flies northern routes. Similar restrictions exist in other countries, and the practical effect can matter as much as the regulatory ones by shrinking the pool of airlines and routes open to you.

For applicants with older, non-violent felonies and strong evidence of rehabilitation, the path is difficult but not closed. An aviation attorney who handles FAA certificate matters can assess your specific record against the regulatory framework before you spend tens of thousands of dollars on flight training.