Updating Your Delta Profile for New TSA Trusted Traveler Program
#31
Join Date: Aug 2010
Location: YYZ
Programs: AC Aeroplan - Elite Status. DL Skymiles - Regular Status
Posts: 509
Yes it does, on the last line. Issuing Country: USA
#32
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
Is it really worth giving all your personal information to a dishonest and incompetent agency just to rush to the front of the line to get harassed like everyone else?
There are better ways to do it. Fly and get elite status. That'll save you a lot of time. Well worth the price without giving up your freedom and privacy.
There are better ways to do it. Fly and get elite status. That'll save you a lot of time. Well worth the price without giving up your freedom and privacy.
#34
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,509
Your right - a driver's licence actually has much more security features on it than a Nexus card. I guess they're not really interested to make it secure because your iris scans identify you in airports, and the RFID part of the card is what identifies you at land ports of entry.
The USA is a country, not an "authority". An issuing "authority" would be "Department of Homeland Security" or "Secretary of State"-- that is under whose authority the card is issued.
^
#35
Join Date: May 2006
Location: MYF/CMA/SAN/YYZ/YKF
Programs: COdbaUA 1K MM, AA EXP, Bonbon Gold, GHA Titanium, Hertz PC, NEXUS and GE
Posts: 5,837
Actually, the "issuing country" line actually gives me one of the better TSA stories to tell.
On a recent trip out of LAX, where I've had my share of awful TDC experiences with my NEXUS card, I got up to the podium and was set for another long wait when the guy said "what's this, I've never seen this before?" I said "its a NEXUS card" and he said "hmm, well, it says here: issuing country - USA, so it must be valid" and let me go. I then was nice and noted to him "look for identical cards that say SENTRI and FAST in the corner, as they are also trusted traveler IDs."
#36
Original Poster
Join Date: Nov 2006
Location: Detroit; Formerly Dubai
Posts: 3,652
I misfiled my driver's license coming through the TSA security and tried to get into the Delta Skyclub in Detroit using my Nexus ID as my ID card. She only let me in when I could produce a second photo ID. (My American Express card has my photo on the rear).
By issuing authority, I would have thought that the Nexus card would have said US CBSA and Can CBSA. Is my card issued by the US or the US and Canada in collaboration. While the interview was conducted in the US, it was conducted by the CBSA agent .
By issuing authority, I would have thought that the Nexus card would have said US CBSA and Can CBSA. Is my card issued by the US or the US and Canada in collaboration. While the interview was conducted in the US, it was conducted by the CBSA agent .
Last edited by Dubai Stu; Aug 17, 2011 at 9:37 am Reason: Fixing an embarrasing word substitution by my iPad
#37
Original Poster
Join Date: Nov 2006
Location: Detroit; Formerly Dubai
Posts: 3,652
As to the other questions about whether an expunged conviction disqualifies you from admission into the program, the information is conflicting. When I went through it, there were places that seemed to say both yes and know on the official site. The feds aren't required to honor state expungments, but often do. Remember also that this is a joint call. The Canadians have to be prepared to recognizes it as well. Under the Canadian Federal Court of Appeals ruling in Sangi v Minister & Bergon v Minister, Canada will normally honor foreign pardons and expungments as long as they come from a similar legal system and it passes their puke test.
In Bergon, they said that an English "spent" conviction was ok. Bergon was an old drug conviction. In Sangi, the Canadian Federal Court of Appeals said that 500 counts of murder that were pardoned by Pakistan in conjunction with the blowing up of an Air India jet was not. Sangi was given a complete pardon from prison and tossed on a plane to Canada. This, however, assumes that they will adopt the same definition of conviction for Nexus that they use under their Immigration Act (the IRPA).
If you are in doubt apply. You can go through the entire process up until hitting the submit button without paying. Also, I have found the folks at these centers very approachable. Call them and ask them whether an expunged conviction is disqualifying.
In Bergon, they said that an English "spent" conviction was ok. Bergon was an old drug conviction. In Sangi, the Canadian Federal Court of Appeals said that 500 counts of murder that were pardoned by Pakistan in conjunction with the blowing up of an Air India jet was not. Sangi was given a complete pardon from prison and tossed on a plane to Canada. This, however, assumes that they will adopt the same definition of conviction for Nexus that they use under their Immigration Act (the IRPA).
If you are in doubt apply. You can go through the entire process up until hitting the submit button without paying. Also, I have found the folks at these centers very approachable. Call them and ask them whether an expunged conviction is disqualifying.
Last edited by Dubai Stu; Aug 17, 2011 at 6:10 am
#38
Join Date: Aug 2010
Location: YYZ
Programs: AC Aeroplan - Elite Status. DL Skymiles - Regular Status
Posts: 509
Also, where was your interview? I don't think you can do Nexus interviews in the US unless they're right at the border. And they are conducted by CBP and CBSA, not just CBSA.
#39
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,509
That said, my interview was in Seattle at King County International Airport; CBSA has an office there. I think that location is unique in that it is the only location that is in the USA and not next to the border.
#40
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,509
As to the other questions about whether an expunged conviction disqualifies you from admission into the program, the information is conflicting. When I went through it, there were places that seemed to say both yes and know on the official site. The feds aren't required to honor state expungments, but often do. Remember also that this is a joint call. The Canadians have to be prepared to recognizes it as well. Under the Canadian Federal Court of Appeals ruling in Sangi v Minister & Bergon v Minister, Canada will normally honor foreign pardons and expungments as long as they come from a similar legal system and it passes their puke test.
In Bergon, they said that an English "spent" conviction was ok. Bergon was an old drug conviction. In Sangi, the Canadian Federal Court of Appeals said that 500 counts of murder that were pardoned by Pakistan in conjunction with the blowing up of an Air India jet was not. Sangi was given a complete pardon from prison and tossed on a plane to Canada. This, however, assumes that they will adopt the same definition of conviction for Nexus that they use under their Immigration Act (the IRPA).
If you are in doubt apply. You can go through the entire process up until hitting the submit button without paying. Also, I have found the folks at these centers very approachable. Call them and ask them whether an expunged conviction is disqualifying.
In Bergon, they said that an English "spent" conviction was ok. Bergon was an old drug conviction. In Sangi, the Canadian Federal Court of Appeals said that 500 counts of murder that were pardoned by Pakistan in conjunction with the blowing up of an Air India jet was not. Sangi was given a complete pardon from prison and tossed on a plane to Canada. This, however, assumes that they will adopt the same definition of conviction for Nexus that they use under their Immigration Act (the IRPA).
If you are in doubt apply. You can go through the entire process up until hitting the submit button without paying. Also, I have found the folks at these centers very approachable. Call them and ask them whether an expunged conviction is disqualifying.
Under the laws of many states in the USA, you are legally permitted to answer "no" if asked "have you ever been arrested" except in certain unique circumstances where the law requires disclosure. In other words, the law says that you are legally permitted to lie and say that it never happened. The Canadians seem to ask broader questions like "have you ever been in front of a judge" or "have you ever been in trouble with the law"-- questions that would appear to circumvent this protection-- not to mention that US law doesn't apply to a foreign country.
#41
Original Poster
Join Date: Nov 2006
Location: Detroit; Formerly Dubai
Posts: 3,652
Expunged convictions do show up on police databases. They do not show up on standard background checks. I know on presentence reports prepared in criminal sentencing, they pick up old expunged convictions, pleas under advisements, etc.
On the Canadian side, the RCMP fingerprinting service even has a special form you fill out for US Homeland Security authorizing them to release information about pardoned offenses. I am doing a friend's expungment and she had a funky entry about a marijuana ticket in Canada in the 1970s and I had to get one of these checks for the US Courts.
Look at your state statute, there are often statutory exemptions listed about who can see your expunged conviction. This often includes applying for jobs in law enforcement, applying for certain positions working with children, etc. I tell people to think of these adjudications as "sheltered" (e.g. partially protected) rather than eradicated. I know that our local CCW board sees expunged convictions as well. Additionally, US immigration law specifically says that a conviction that is set aside based on rehabilitation can still be considered in deportation proceedings.
On the Canadian side, the RCMP fingerprinting service even has a special form you fill out for US Homeland Security authorizing them to release information about pardoned offenses. I am doing a friend's expungment and she had a funky entry about a marijuana ticket in Canada in the 1970s and I had to get one of these checks for the US Courts.
Look at your state statute, there are often statutory exemptions listed about who can see your expunged conviction. This often includes applying for jobs in law enforcement, applying for certain positions working with children, etc. I tell people to think of these adjudications as "sheltered" (e.g. partially protected) rather than eradicated. I know that our local CCW board sees expunged convictions as well. Additionally, US immigration law specifically says that a conviction that is set aside based on rehabilitation can still be considered in deportation proceedings.
#42
Join Date: Aug 2010
Location: YYZ
Programs: AC Aeroplan - Elite Status. DL Skymiles - Regular Status
Posts: 509
They maintain limited presence in some consulates and embassies/high commissions, but I'm sure those officers wouldn't conduct Nexus interviews.
#43
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,509
On the Canadian side, the RCMP fingerprinting service even has a special form you fill out for US Homeland Security authorizing them to release information about pardoned offenses. I am doing a friend's expungment and she had a funky entry about a marijuana ticket in Canada in the 1970s and I had to get one of these checks for the US Courts.
Look at your state statute, there are often statutory exemptions listed about who can see your expunged conviction. This often includes applying for jobs in law enforcement, applying for certain positions working with children, etc. I tell people to think of these adjudications as "sheltered" (e.g. partially protected) rather than eradicated. I know that our local CCW board sees expunged convictions as well. Additionally, US immigration law specifically says that a conviction that is set aside based on rehabilitation can still be considered in deportation proceedings.
http://www.state.il.us/defender/expf...7instguide.pdf
EXPUNGEMENT results in a record being destroyed.
http://www.illinoisattorneygeneral.g...punge0204h.pdf
In Illinois, an expungement order issued by a Circuit Court is an order to the police (both the arresting authority and the State Police) to delete and destroy all their records of the arrest. The Clerk of Court then deletes her records of the case. Once your record is deleted with the Illinois State Police, you need to check to make sure they deleted your record from NCIC as well. While it should be automatic, the Illinois State Police needs to submit an updated R-84 to the FBI with the court-ordered expungement box checked and with a copy of the expungement order.
If a certified or authenticated copy of a court ordered expungement is submitted with the R-84 Final Disposition Report, please check the box "Court Ordered Expungement," on the R-84 Final Disposition Report and attach the court order.
An expungement is a deletion of a single arrest or an entire Record. Each state employs unique forms for submitting expungement information to the CJIS Division to ensure the Criminal History Record at the FBI is expunged.
An expungement is a deletion of a single arrest or an entire Record. Each state employs unique forms for submitting expungement information to the CJIS Division to ensure the Criminal History Record at the FBI is expunged.
http://www.fbi.gov/about-us/cjis/fin...ion-submission
You may be basing your assertions on the laws of other states, or you may be confusing "sealing" with "expungment". In Illinois, a sealed conviction can be viewed by law enforcement; an expunged conviction cannot because the records are deleted and/or destroyed.
#44
Original Poster
Join Date: Nov 2006
Location: Detroit; Formerly Dubai
Posts: 3,652
There are locations in Canada and in the USA. If Dubai Stu's interview was in the USA, it was very likely right at the border on the US side because that's where the US enrollment locations are.
That said, my interview was in Seattle at King County International Airport; CBSA has an office there. I think that location is unique in that it is the only location that is in the USA and not next to the border.
That said, my interview was in Seattle at King County International Airport; CBSA has an office there. I think that location is unique in that it is the only location that is in the USA and not next to the border.