Programs: UA 1K MM, Starwood Platinum, Nexus/GlobalEntry
Posts: 8,353
Quote:
Originally Posted by ralfp
Arrest? Seriously?
I've been in GE for awhile now but last week I upgraded to Nexus and had my Nexus interview... during the interview the CBP officer asked me if I had ever been arrested (not convicted...arrested).. I have not been so I said no. But I thought that was interesting. She also asked specifically if I'd ever had a DUI, or ever been in front of a judge.
A bit embarrassed on my last international travel from Belgium. As usual, filling out customs form, I thought I didn't have any fruit (I never brought any), veggies etc, so I checked No to that question.
Later I realized that I have a sandwich in a zip-loc on my carry-on. I told a customs officer that's the case and I was sent to a full search. She wrote down cheese, ham in big red on my customs form. In the full search area, I handed my zip-loc and that was indeed everything. No charge or fine was imposed and I was on my way out in 2 mins.
Now obviously I falsely checked No to the customs form, so I'm wondering if I'll get denied on Global Entry even if I'm not charged with any fine. Will I have a chance or should I just forget about it?
I was approved.
But .......the interviewing officer knew about the time (at least 10 years ago) I was waiting on the immigration line after a Xmas trip to Paris with my family of young children ......when the Beagle found an apple in my bag.
Especially when the kids were little, we always made sure we had snacks in case of delays or emergencies. Maybe those circumstances made the agent at the time more lenient and not only did this occur prior to offering up any ID to immigration, no report was ever written. We handed it over and i thought that was the end of it. But.....unless the officer was fishing, it was apparently recorded in my record somewhere.
I was very surprised and needed to be reminded of this incident during the interview but I had checked "No" to the question on my declaration survey.
Luckily, "The Apple Incident" did not prevent my approval for GE. Whew!
As long as there was never a conviction in the case and drugs weren't involved, they probably wont bat an eye. They can always put the application on hold until they get additional documentation.
I suppose one could always say "I don't have the document with me, but I can obtain a copy and send it to you" after explaining the situation if it arises.
Location: various cities in the USofA: NYC, BWI, IAH, ORD, CVG, NYC
Programs: UA 1K, National Exec. Elite
Posts: 5,454
Quote:
Originally Posted by SEA1K4EVR
I've been in GE for awhile now but last week I upgraded to Nexus and had my Nexus interview... during the interview the CBP officer asked me if I had ever been arrested (not convicted...arrested)..
This raises two questions regarding how to answer the "have you ever been arrested" question:
What happens if you answer "No" when you have received a citation such as above? To me that would be a lie (as far as I can tell).
What happens if you answer "Yes"? Could that be held against you (e.g. the person doing the interview thinks you're being a wise@&&)?
Heck, in TN you commit a misdemeanor when you play with roller skates on a sidewalk or stand on one side of your bike. If an officer witnesses you getting seriously hurt while doing those things he/she must take you into custodial arrest.
(Please tell me that I'm wrong about the above).
Quote:
Originally Posted by SEA1K4EVR
I have not been so I said no. But I thought that was interesting. She also asked specifically if I'd ever had a DUI, or ever been in front of a judge.
I've been in front of a judge (sort of) for a traffic ticket. He told me I should be a lawyer.
N.B. I am not a lawyer and I did not research this thoroughly. I also realize that this would be a silly thing to worry about.
Programs: UA 1K MM, Starwood Platinum, Nexus/GlobalEntry
Posts: 8,353
Quote:
Originally Posted by ralfp
I've been in front of a judge (sort of) for a traffic ticket. He told me I should be a lawyer.
N.B. I am not a lawyer and I did not research this thoroughly. I also realize that this would be a silly thing to worry about.
Actually when I was in there I answered NO to the question about being in front of a judge... but then later I recalled that I also went before a judge when in college back in 1989 to contest a traffic infraction (driving too fast for road conditions.. I had been in a car accident in the snow). However the judge dismissed the ticket..the police officer didn't show up to court but another witness (surprisingly) did.. he questioned her..she could offer no useful evidence against me.. he asked me if I had any questions for her..I said no... and he said there was insufficient evidence and dismissed my ticket. Took about 2 minutes. I don't think the CBP people are interested in traffic infractions anyway.
Programs: CO Plat and too many hotel and rental car programs to bother listing...
Posts: 2,358
I had a 20 year old, long since forgotten, pot possession rap from CO bite me in the buttocks during my GE interview today. The charges were deferred for community service and ultimately dismissed, but all the CBP officer could see was the arrest. He did not deny my app, but put it on hold pending a certified court report proving the dismissal.
Ironically, in today's CO, the amount I had in my possession (1 oz)would not have even warranted charges. Considering that I've been granted security clearances in the recent past, this was surprising and rather annoying.
I had a 20 year old, long since forgotten, pot possession rap from CO bite me in the buttocks during my GE interview today. The charges were deferred for community service and ultimately dismissed, but all the CBP officer could see was the arrest. He did not deny my app, but put it on hold pending a certified court report proving the dismissal
So how does this all apply to someone with a DUI that got the record expunged?
(asking for a friend......really.......)
Programs: CO Plat and too many hotel and rental car programs to bother listing...
Posts: 2,358
Quote:
Originally Posted by msk6261
So how does this all apply to someone with a DUI that got the record expunged?
(asking for a friend......really.......)
They weren't really clear on that. My charges were dropped after the deferment period and the record expunged, but the arrest still shows up with no further detail (I later ran a CBI check to verify this.). Apparently, once I provide certified court docs showing that the charges were dropped, I will be approved.
If your "friend" is going to apply, I would highly suggest that s/he brings certified court docs showing that the record was expunged. If a 20 year old misdemeanor pot possession charge is an issue, drink driving most definitely will be.
Logically not, but of course logic doesn't matter.
A pot conviction means that at least one time you used a substance that would be illegal to bring through customs. A drink driving conviction means that you used a drug far more dangerous than pot (alcohol), but one that is not illegal to bring through customs.
Quote:
Originally Posted by brendog
If a 20 year old misdemeanor pot possession charge is an issue, drink driving most definitely will be.
In Canada, an operating a motor vehicle under intoxicating liquor charge is a hybrid charge which means it can be either charged an indictable (felony) or summary (misdemeanor) charge. This means that an OUIL conviction renders you inadmissible because of criminality under Article 36 of the Immigrant and Refugees Protection Act of 2000. A deferred adjudication or other tool resulting in the imposition of punishment without a formal finding of guilt can sometimes constitute a conviction within the meaning of both the IRPA and the US INA. This is the source of the quesiton.
Canadian customs will frequently break out drunk driving because of the distinction. They will also ask it in a way that suggests that it is not as bad so that people are more truthful in disclosing. I was once asked that question at a rural crossing where the guy was standing outside the booth and there was no way he could have swiped my passport.
Programs: AA, UA, US, DL, HHonors, Hyatt, Club Carlson, IHG
Posts: 347
Quote:
Originally Posted by RobertS975
You better reveal it.... they probably already know.
Probably? In all certainty, they do.
They would probably be more interested in any prior criminal background in the other country or if you come from a "rogue" nation known as a hotbed for terrorism (e.g. Iran, Pakistan, etc).
