FAA Expunged DUI Records and the AME DUI Event Status Report
Key Takeaways: Pilots with a DUI arrest or conviction have two separate FAA disclosure duties: a written notice under 14 CFR 61.15 within 60 days of each motor vehicle action, and honest answers about arrests, convictions, and administrative actions on the MedXPress medical application. AMEs use the DUI event status report and the AME Guide’s substance abuse and dependence criteria to decide whether to issue a certificate in the office or defer the application to the FAA. Factors such as a high BAC, a test refusal, a prior alcohol-related event, or a mental health condition can make deferral more likely. Expunged, sealed, or dismissed DUI matters may still have to be disclosed, and an administrative license suspension alone can count as a reportable action. Failing to report or giving false answers can lead to suspension or revocation, and the FAA often treats falsification more seriously than the DUI itself. Each case depends on its facts, but complete records and early, accurate disclosure generally give pilots the best chance of keeping their certificates.
The FAA’s guidance on how Aviation Medical Examiners handle DUI events has drawn new attention among pilots heading into their next exam. If you were recently arrested for or convicted of DUI, the questions are urgent: what you must report, where, and by when. The Ison Law Firm is based in Florida and represents pilots nationwide. The firm helps pilots with DUI Reporting to FAA in United States jurisdictions of every kind, regardless of where they live or fly.
Why the DUI Event Status Report Matters
The DUI event status report is one of the tools an AME uses to document an alcohol- or drug-related motor vehicle event and decide whether the pilot can get a certificate in the office. It works inside the larger AME Guide, the FAA’s main manual for medical examiners. Any policy change, including anything pilots associate with the September 2026 AME Guide, is put into practice through that manual. Because the FAA may revise worksheets without much notice, pilots should check the current version instead of relying on older forum posts.
The legal basis is 14 CFR Part 67, which lists substance dependence and substance abuse as disqualifying conditions. The FAA’s substance abuse and dependence guidance explains how AMEs apply those definitions. When a DUI suggests possible substance abuse or dependence, AMEs are directed to defer to the FAA Aerospace Medical Certification Division instead of issuing a certificate. Under the AME Guide, factors such as a BAC of 0.15% or higher, a test refusal, or more than one alcohol-related event generally require deferral.
Two Reports, Two Different Deadlines
Many pilots mix up the 61.15 security notice and the medical-application disclosure, and that mistake can be costly. Under 14 CFR 61.15(e), pilots must notify the FAA Security and Investigations Division in writing within 60 days of each motor vehicle action, including a DUI conviction or an administrative license suspension, cancellation, revocation, or denial. That notice is separate from the medical application. Our guide to the 60-day FAA DUI notification walks through what that letter usually includes.
The medical application on FAA Form 8500-8, completed through MedXPress, asks its own questions about arrests, convictions, and administrative actions. Item 18(v) asks about this history, and an answer of "yes" sends the AME into the DUI documentation process. Under 61.15, two or more motor vehicle actions within three years may be grounds for denying an application or suspending or revoking a certificate. By signing the application, pilots also authorize the FAA to check National Driver Register records and compare them with what the pilot reported.
A Pilot’s 60-Day Countdown: A Realistic Scenario
Consider a hypothetical private pilot in Ohio, arrested for DUI after a wedding with a breath test of 0.09%. The charge is reduced and later expunged. He thinks that since the record is "gone," he has nothing to tell the FAA. His third-class medical exam is coming up, and he isn’t sure how to answer the MedXPress question.
His situation shows how deadlines and disclosure duties can overlap. If the state suspended his license administratively after the arrest, that suspension alone would generally start a separate 61.15 clock before any conviction. A reduced-charge conviction, if alcohol-related, may be a second reportable action. He may also have a history of anxiety treated with an SSRI, which raises its own aeromedical questions. If the AME sees both a substance-related event and a mental health condition, the AME would generally defer the application to the FAA. Under the AASI PATH framework, the first Special Issuance decision for such a condition is made by an FAA physician, not the AME.
How Expunged or Sealed DUI Records Are Treated
Expungement under state law does not necessarily remove a pilot’s duty to disclose to the FAA. The FAA has generally taken the position that the medical application covers arrests and convictions even when a state court later dismissed, sealed, or expunged them. Questions about FAA expunged DUI records are some of the most common we hear, because state "clean slate" rules and federal disclosure duties don’t always line up. Because the exact wording of each court order matters, pilots should have the documents reviewed before answering.
DUI is defined by state law, and most states set the per se blood alcohol limit at 0.08% (Utah uses 0.05%). Implied consent laws mean that refusing a chemical test can lead to a separate administrative suspension, which can count as its own reportable motor vehicle action. That is why some pilots who were never convicted still have something to report. Penalties vary by state, but the federal reporting duties stay the same.
What to Gather Before Your Pilot DUI AME Exam
A practical FAA AME DUI checklist generally includes the following documents:
- The arrest report and the BAC or refusal documentation
- Court records showing how the case ended, including any expungement order
- State DMV records of administrative suspensions
- A copy of your 61.15 notification letter and proof of mailing
- Any substance abuse evaluation, treatment records, or proof of completed classes
- A personal statement describing the event, written carefully and accurately
Missing documentation is one of the most common reasons a file stalls in deferral. AOPA’s alcohol and drug guidelines for pilots outline what the FAA typically asks for. Complete records won’t guarantee issuance, but they can help prevent avoidable follow-up requests.
When a DUI Deferral FAA Medical Decision Arrives
A DUI deferral FAA medical decision means the FAA, not the AME, will decide the application. The FAA may ask for a substance abuse evaluation by an addiction psychiatrist or psychologist, lab tests, or proof of ongoing monitoring. If substance abuse or dependence is diagnosed, a pilot may be able to pursue Special Issuance through a monitoring program such as HIMS, usually after a period of documented recovery. These steps are a monitoring pathway, not an automatic approval.
Conditions That Often Complicate a DUI File
DUI events rarely come up in isolation. Depression, anxiety, ADHD treated with stimulants, marijuana use, or a history of loss of consciousness can each add separate review requirements. For pilots on the AASI PATH for anxiety or depression, a new substance use history is a deferral trigger that sends a renewal back to the FAA. The same goes for new psychiatric symptoms, new "yes" answers on the PATH Status Summary, or concern raised by an AME or treating physician.
What an FAA Amnesty Period Could Mean
Some pilots have asked what would happen if the FAA offered an amnesty period for previously undisclosed conditions or events. It could let pilots correct past MedXPress answers with less risk of enforcement for falsification. For now, this is hypothetical, and pilots shouldn’t put off required reporting while waiting for it. Any such program would probably come with conditions, and amended disclosures could still trigger medical review.
Consequences of Silence and How Counsel Can Help
Failing to disclose a DUI, or giving false information, can lead to suspension or revocation of airman certificates. Under 61.15(f), failing to send a required 61.15 notice is grounds for denial, suspension, or revocation by itself. Under 14 CFR 67.403, an intentionally false medical application can lead to revocation of all airman and medical certificates, plus possible federal criminal penalties, and the FAA generally views it more seriously than the DUI itself. In many cases, honest and well-documented disclosure is the safest route.
A pilot DUI lawyer can help organize records, prepare accurate disclosures, and address any suggestion of substance dependence or willful nondisclosure. Anthony Ison has been a licensed airman since age 17, is an AOPA Legal Services Panel Attorney, and is a member of the Lawyer-Pilots Bar Association. The firm also works with an in-house medical consultant. The Pilot Lawyer Podcast episode "FAA Medical Certification with a DUI" covers these issues in more depth. The firm can’t speed up FAA processing, but it can help pilots avoid preventable delays.
How Does This Impact Me?
Does an expunged DUI still have to be reported to the FAA?
Often yes, depending on the question asked and the wording of the court order. The medical application asks about arrest and conviction history, and expungement may not change that. Have the documents reviewed before you answer.
Is my 60-day deadline different from my medical disclosure?
Yes, these are separate obligations. The 61.15 notice is due within 60 days of each motor vehicle action, while medical disclosure happens on your next MedXPress application. Meeting one does not satisfy the other.
Will one DUI cost me my pilot DUI medical certificate?
Not necessarily. Many pilots with a single event and no signs of substance abuse or dependence keep their certification, although a high BAC or a test refusal generally leads to deferral and further evaluation.
What should I do if my application was deferred?
Respond quickly and completely to any FAA request for information. Gather evaluations, treatment records, and court documents, and consider getting legal guidance before you send anything.
Protecting Your Certificate After a DUI
The DUI reporting process sets clear expectations for both pilots and AMEs, and the margin for error is small. Pilots who understand the 60-day rule, the medical disclosure rules, and how FAA expunged DUI records are treated are usually in a better position to keep their careers on track. Because every case depends on its own facts, this information is general and is not individual legal advice.
If you are facing a DUI-related FAA deadline, a deferral, or questions about past applications, Ison Law Firm represents pilots nationwide. Call (855) 598-7338 or contact us today to schedule a paid consultation. The firm does not offer free consultations.
