Practical Travel Safety Issues - My request of the CBP Global Entry Onbudsman is in the mail

I mentioned awhile back here that I got turned down for the CBP Global Entry program because I completely forgot that as a 17 year old juvenile almost 38 years ago I had an arrest and I had not included it on my GE application only to have my CBP agent at my interview for the GE program say it came up in a background check. I had been arrested in 1974 but after questioning by a detective and appearing before a judge in Dekalb County, GA the judge declared it the issue as a "dead docket" and that I was free to go. I always assumed that put the matter to an end. I've since found out that Georgia is the only state that has this term "dead docket" and that basically the case is closed but can be revisited if evidence surfaces or the defendant appears again before the court on similar issues.

The CBP agent had asked me to write to the court to get some kind of letter saying that the matter from 1974 was no longer an issue before the court and he gave me 30 days to get the letter. I tried contacting the court on numerous occasions as I traveled that month on business and had no luck. I even spoke with an Atlanta based attorney who had handled my parents probate matters and he said that the records may or may not exist as many juvenile records are later destroyed and if they did exist most likely were never computerized and who knows where a major court system would store old records like that. He said that finding the record or getting the arrest expunged would be difficult and costly and perhaps not successful!

So having received a notice from CBP at the GOES website that I failed to complete the agent request within the allotted time period I decided to write to their ombudsman and see if I can get anyone to either reconsider or just tell me for sure if having a juvenile record like this would make me something other than a "low risk" traveler! No one was clear on whether having the arrest was an issue or forgetting to mention it on the application. I just don't want to reapply and pay $100 again and have it get kicked out.

Hoping I hear something, I sent it by certified mail.

I even spoke with an Atlanta based attorney who had handled my parents probate matters and he said that the records may or may not exist as many juvenile records are later destroyed and if they did exist most likely were never computerized and who knows where a major court system would store old records like that. He said that finding the record or getting the arrest expunged would be difficult and costly and perhaps not successful!

That advice doesn't add up and I'd go for a second opinion. Clearly, by your own experience, this record is searchable since the GE people easily found it.

I thought GE only asks if you've been convicted, which it appears you haven't been.

From what I can tell, the GE people seem to treat all the different states' ways of saying non-conviction as a conviction unless the state uses the term dismissal. For example, people who successfully complete supervision in Illinois officially have the charges dropped when supervision is completed.

730 ILCS 5/5-6.3.1 17

(e) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.

(f) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.

The problem arises in that you plead guilty, then later the case is discharged. The GE folks will reject you because of this, and one is required to appeal to the Ombudsman to get the rejection overturned.