Law Changed To Stop Practice Of Redacting Pilot's Name, Usually After Five Years

ANN has learned that Congress passed a new provision to 49 USC 44703, Airman certificates into law last August. Our sources tell us that a new subsection (i) was inserted, titled "FAA Pilot Records Database", which mandates that the FAA establish an electronic database that includes summaries of legal enforcement actions.  The new language also requires that the information in this database be maintained until the FAA is notified that the airman is deceased, according to 49 USC 44703(i)(5).

The FAA has maintained an electronic database of such information for many years, but the FAA has removed an airman's identifying information from this database in accordance with its expunction policy, usually 5 years after the FAA's action in civil penalty and certificate action cases. The new language affects the FAA's expunction policy, at least as it relates to the electronic data that the FAA must now maintain and provide to air carriers making a hiring decision.  A letter has been received from the FAA's Chief Counsel in which he advises that "the policy of expunging legal enforcement actions is being suspended" and that the last expunction took place on November 1, 2010.
 
The full import of this new statutory language is under review, and how it will be implemented is still unclear. Aviation attorney Dennis Haber tells ANN that it appears that the primary purpose of the new law was to amend the Pilot Records Improvement Act, however it will affect all enforcement records for all airmen. 

FMI: www.faa.gov