Ari

Possibly because he was a scared college kid and didn't know what else to do.

And that would be wrong because . . ? It seems to have resolved the situation.

nmstough

I applied for Global Entry. Had my interview at the Boston airport last week when departing the US. The officer went into all sorts of background questions, starting off with "Have you ever been arrested?". I have a long arrest history so I started talking about some of these experiences. Then he was quizzing me about what I was charged with. I had only a vague memory of these because some of them were more than 10 years ago. All charges were eventually dismissed in court. Then he started going into my experiences with difficulties getting into Canada (I was deported once). Eventually after a lot of grilling, he says he will have to do more FBI checks and let me know and he lets me go saying I haven't told him everything he asked for and this may be a problem.

A week later I get a denial notice. The only explanation is that I was "less than forthcoming". My understanding is that I should be able to get approved if I haven't been convicted of anything. And I haven't. Maybe I have a long arrest record, but that's not the same. I cant see his file and I cant recall everything that he can see on his screen. This is grossly unfair.

It tells me I can make an appointment to speak to a supervisor but I don't live in the US so this isn't easy. I was counting on having the card to get entry on my next trip. I had to wait in line an hour the last time and this is awful!

cynicAAl

maybe ? you don't remember ? I've never been arrested, but I'm guessing I'd remember those details.

HomoEconomicus

Deported for what (if you remember, that is)?

Yoshi212

I have a sealed arrest record which I was honest about with during my Global Entry interview and got approved. It did not come up on their background check. It doesn't seem that just having a record, especially without convictions, would exclude you from the program and it probably had more to do with your possible aloof attitude towards your record.

nmstough

I had an outstanding warrant because I didn't pay a speeding ticket in the US. I had a bad attitude towards the Canadians when entering once - they asked me if I was happy to come to their country, and I said no, it was far inferior to the US. As a result they ran a full FBI background check and came up with the outstanding warrant. Because they argued this was an offense in their country, they wouldn't let me back in (despite the fact I was living there for the previous 3 years!) until I paid off the ticket.

nmstough

It seems that my arrests weren't sealed and they did appear. I wasn't trying to be aloof, but when I was asked what happened, I gave a brief answer. After 12 years, who would remember exactly what counts were filed against someone? The officer then started ticking them off. And I responded, OK, I guess so, but it was dismissed. Everything was dismissed.

My point is I didn't lie about anything. When youre asked a general question "Have you ever been arrested", how much detail should you be prepared to volunteer at the outset?

It all seems totally unfair. $100 for nothing.

cynicAAl

the more I read, the more I'm thinking that you're not the model citizen that CBP wants to give expedited access to. But we do appreciate the $ 100 donation. Please come again...

Yoshi212

The Judge that sealed my records told me that I was under no requirement to disclose anything in the record that was sealed unless an order was issued stating sealed records.
These were unsealed without my knowledge by the State Department when I applied for a job under their purview which was a bit of a shock but I tend to say that I have sealed records when asked and most don't want to know about them as they are sealed. Nothing bad just stupid college aged stuff that a judge didn't want my future to be centered around. Mighty nice of him. Wishing your record is sealed and having it sealed are two very different things. A cop asking me if I have a record is different than a Federal Agency of which I'm asking to be entrusted with a higher level of ease than the average citizen.

Attitude is a big part of the interview. My first GE interview didn't make it to personal questions. I was refused based on my answer to "How do you feel about security at our borders and airports?"
But I appealed and was given my GE in about 10 minutes during my second interview.

HomoEconomicus

You weren't deported. Voluntarily withdrew your application to enter is more likely.

Quite honestly, I think most people would. I've received three speeding tickets in my life and I can tell you offhand the speeds I was going for each.

Always Flyin

Sorry, but you should have been denied for multiple reasons.

What I am surprised by is the fact that you apparently think you should have been approved.

GUWonder

I would prefer if all US citizens were automatically granted GE facility on the basis of having a valid US passport, sans the personal interrogation prior to being accepted for the GE facility use.

Being excluded from using the GE facility on the basis of arrests that didn't lead to a conviction in a court is of questionable merit, no less so even when of the opinion that all free US persons with a US passport should be allowed GE facility use without being administratively punished and/or subjected to questioning prior to being enabled for GE facility use.

jphripjah

It's sounds like you weren't necessarily denied for having an arrest record, you were denied for not being forthcoming about your arrest record. Most people remember being arrested. If they asked you to list your arrests, and your answer was "I don't remember," that would be problematic.

I also find it hard to believe that you have a "long arrest record" without ever being convicted. A lot of people plead guilty and then apply for jobs and say that they have never been convicted when in reality they were.

Often1

1. GE is a privilege not a right. Presuming that OP is a USN, he has a right to enter the USA. But, that doesn't mean that he's entitled to expedited handling which is essentially what GE is all about.

2. OP says that he was denied for being "less than forthcoming". Remember, the CBP Officer likely had OP's entire record in front of him. The Officer didn't need the details, he was just trying to see if OP accurately self-reported his record of arrests.

3. Given that OP presumably knew that his record, both for criminal arrests and deportation (or exclusion) would be an issue, it would have been smart for OP to have gone back over the details and been crystal clear about them. Not suggesting that just being honest gets you over the hurdle, but not being honest is an outright denial.

Treating encounters such as this (and apparently the same way with OP's flip comment to Canadian authorities), is not a good idea. They may appear casual, but they are not. The entire purpose of having an in-person GE interview is for CBP to assess the applicant. Otherwise, CBP could simply mail the card and one could have one's photo & prints taken anywhere and anytime.

cottonmather0

This is exactly right. What they're trying to assess is if you're honest and trustworthy. It's entirely about attitude and perceived risk.

Not saying I agree at all - I don't - but that's the system we have.