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Old Feb 8, 13, 4:15 pm   #151
  
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Quote:
Originally Posted by scubadu View Post
Which, of course, if a lie would be a pretty idiotic thing to do.

Regards
Why? If you're saying "pretty immoral thing to do" okay.

But if you used drugs years ago, but there's no real evidence of that other than some friends who witnessed it, there's nearly zero likelihood that CPB can establish that you are lying.

It's a bit different than a Senate confirmation for some cabinet position where anybody might come out and volunteer such information.
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Old Feb 8, 13, 7:14 pm   #152
  
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Quote:
Originally Posted by scubadu View Post
Which, of course, if a lie would be a pretty idiotic thing to do.
It'd be a pretty smart thing to do if it meant regaining the freedom of Precheck, instead of merely donating $100 to the government for an intimate session with a customs goon. The latter would seem the idiotic thing to do, based on my experience and how I feel like an idiot for not just lying.
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Old Feb 9, 13, 7:21 am   #153
  
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How would they treat a global entry application for a permanent resident with no charges/convictions, but a single arrest & caution from the uk 12 years ago?

I know the concept of a caution does not exist in the US- in the uk it is basically a formal warning with no further action but that remains on record, but it does require an admission of guilt.
It is not classed as a conviction, and no charge or court is involved.

The offence involved is classed as a misdemeanor in the US not a felony, and it is not considered a crime involving moral turpitude if that makes any difference (it did during the immigrant visa process, where everything was declared and documented in my file but it wasn't an issue and no additional processing or waivers required)

Just unsure whether i should even bother applying given some of the examples on here.

Last edited by leaveamessage; Feb 9, 13 at 9:42 am
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Old Feb 9, 13, 8:19 am   #154
  
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I would think you would be ok. The application specifically asks for you to list "convictions" and not "arrests". They might bring it up at the interview but once again, an arrest is not a conviction. I think as long as you are open about it, you'll be fine.
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Old Feb 15, 13, 1:46 pm   #155
  
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Originally Posted by runderwo View Post
Ombudsman replied, after 5 months, and denied my appeal. They still did not list the specific reason but only "confirmed" the reasons I was given on my denial letter, which were none, just a vague "not meeting the requirements of the Global Entry program". Kafka would be impressed.

I cannot conclude otherwise from my experience than if an officer asks if you have ever used an illegal drug, the answer you must give is no.
Yes, I also received the same vague reasons on the denial letter for my "appeal".
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Old Feb 21, 13, 5:12 pm   #156
  
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I have another friend (different from the one I mentioned earlier in this thread) who wants to apply for GE. In 2009 he plead guilty in Washington state to negligent driving in the first degree, a misdemeanor. There was alcohol involved and this was a plea bargain due to it being a first offense with no other record. This surely qualifies as a criminal conviction that needs to be disclosed.

The question is... will this be an automatic decline? It seems they're forgiving about some criminal offenses.. there are examples in this thread. Anyone want to venture a guess?
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Old Feb 21, 13, 10:37 pm   #157
  
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I'd like to second what another poster wrote and caution readers that the post below is inaccurate. I think mileena's heart is in the right place but how this stuff works - and the terms used - vary greatly from state to state. It is impossible to make a blanket statement "this is how expungements work" or "this is the difference between a citation and an arrest." I can't emphasize enough the 50 different ways these situations are referred to and treated.

People run into trouble because while the 50 states treat expungements (for example) 50 different ways, federal investigators usually treat them one way. They have their matrix and if box X is checked then consequence Y happens. My impression is that GE and NEXUS is such a high volume operation that if your case ticks box X then you're out of luck because it is largely an automated process.

In other situations - applying for a security clearance, for example - investigators have good knowledge of the state they are dealing with and applicants have a greater opportunity to explain past events and mitigate any negative information.

If a citizen planned to apply for GE or NEXUS and has an expungement or deferred judgment in their past, it might be worthwhile to hire an attorney who deals with GE to perhaps ease the process.

Climbing up on my soapbox, this is all the result of living in a digitized world where nothing is forgotten. "Back in the day" a citizen would receive an expungement or deferred judgment - then and now only with a a judge's blessing - and be able to move forward in life with a new start. That citizen could truthfully answer "no" on a job application when asked if he had been committed of a crime. Thanks to the proliferation of court and law enforcement databases, that arrest from 1990 never goes away. And so many agencies - from ICE down to your state bar association - have carved out exceptions to being able to truthfully state "no, I was never convicted of a crime" that an expungement isn't worth nearly what it used to be.

Back off the soapbox.


Quote:
Originally Posted by mileena View Post
It seems here no one understands some basic facts. This is usually an intelligent board. I'm disappointed in the quality of postings. Time for a quick education:

Expungement: Only arrests can be expunged, not convictions. With an expungement, the arrest is cleared from your record, and no one subsequently knows about this, even the government. So you are good to go; and also answer "no" if anyone asks you if you ever have been arrested. This includes CBP. It's as if the arrest never occurred, even if both parties know it did occur. The arrest was expunged, or vacated, or removed from existence. The government has the magical power to officially change the past, and this is what they do with an expungement.

Pardon: This applies to convictions following arrest. After the pardon, your record is still there, but your crime has been pardoned or officially forgiven, so you are good to go. Usually only an executive like a governor or President can pardon, though sometimes Congress can too. In some states a pardon is easy to get for a minor criminal record (Pennsylvania); while in other states it's almost impossible (Maine). If pardoned, there no longer can be any negative consequences arising from your crime. If asked if you have ever been arrested, say yes, but say your conviction has also been pardoned. CBP is powerless to do anything about that then.

Citation: When you are cited, you are arrested, though the arrest is non-custodial as long as you sign the form promising to appear, if cited in person. If you don't sign, they can take you into custody and put you in jail. Citations can be for traffic offenses or all the way up to felonies. I know because I was cited by mail for felony aggregated aggravated negotiating worthless instruments.
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Old Feb 21, 13, 11:33 pm   #158
  
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I'm sorry, I have nothing at all of substance to add to this thread...I just found this to be amusing.
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Old Feb 22, 13, 8:15 am   #159
  
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Quote:
Originally Posted by SEA1K4EVR View Post
I have another friend (different from the one I mentioned earlier in this thread) who wants to apply for GE. In 2009 he plead guilty in Washington state to negligent driving in the first degree, a misdemeanor. There was alcohol involved and this was a plea bargain due to it being a first offense with no other record. This surely qualifies as a criminal conviction that needs to be disclosed.

The question is... will this be an automatic decline? It seems they're forgiving about some criminal offenses.. there are examples in this thread. Anyone want to venture a guess?
I thought the stated standard was:
1) Any felony
2) A misdemeanor in the past 10 years.

It is also clear that customs violations also likely result in rejection, as does a failure to disclose any crime.

Based on this, a misdemeanor 3 years ago means rejection is likely.
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Old Feb 22, 13, 11:01 am   #160
  
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Quote:
Originally Posted by drewguy View Post
I thought the stated standard was:
1) Any felony
2) A misdemeanor in the past 10 years.

It is also clear that customs violations also likely result in rejection, as does a failure to disclose any crime.

Based on this, a misdemeanor 3 years ago means rejection is likely.
Yes I would agree... but the good news is that in Washington state you can have a misdemeanor or gross misdemeanor (with some exceptions) vacated after 3 years if certain criteria are met. My friend has met all the criteria so before applying for GE he's going to go through that process and have his negligent driving conviction vacated. Then he can answer the "have you ever been convicted" question "no" on the GE application.

I thought I'd post this info in case it's helpful for someone else.

This paragraph is taken from the Washington state courts instructions on how to get a conviction vacated:

"Vacation of a conviction releases you from all penalties and disabilities resulting from the offense. Once a conviction is vacated, the fact that you have been convicted of the offense shall not be included in your criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime. Vacation of a conviction, however, does not affect or prevent use of the conviction in a later criminal prosecution."
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Old Feb 25, 13, 12:20 pm   #161
  
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Just got told I was denied at my interview at DFW. Of course he could give me no reason and I should contact the CBP ombudsman. This application was done through the FLUX alliance because I'm Dutch. I had already completed the interview in Amsterdam and their advice was positive. As far as I know I have never violated any laws in the US besides being pulled over for speeding 10 miles 6 years ago. This only resulted in a warning and should not affect anything. I have been pulled aside for secondaries and custom inspections a few times, but they never found anything wrong. The thing is that I regularly get SSSS on my boarding passes too, but I always thought I got those because I usually book very last minute. Just want to add that I have travelled between the EU and US for 40+ times and I have no idea what could be the reason of the denial.
Anyone here that successfully used FLUX, or do they just deny all Dutch citizens because they assume we smoke pot all day?
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Old Feb 27, 13, 3:59 pm   #162
  
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Washington's statement is not binding on the feds. They can define "conviction" differently from the State of Washington and refuse to honor it. We face that issue in deportation cases all the time. A state court order vacating a conviction based on rehabilitation or to avoid deportation consequences of a conviction will not be respected by Homeland Security. Many years ago, this was also the case with firearm rights as well, but Congress statutorily overruled the US Supreme Court ruling.

What further complicates this mess is that they don't always catch sheltered convictions so many of us know people who have a sheltered conviction and a Nexus card.

Lastly, there is at least one Washington Attorney General's opinion that confuses me. It seems to say that the someone who has their conviction vacated may not be able to own a gun:

http://www.atg.wa.gov/AGOOpinions/op...0#.US5_x6V82fQ
.

Additionally, Washington offenders with vacated domestic violence convictions can't own firearms under the federal law because they are still convicted within the meaning of the Lautenberg Act:

http://www.washrecord.com/Fed%20v%20WA.htm
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Old Mar 4, 13, 10:41 pm   #163
  
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Almost turned down

I had an almost denial that turned positive in the end.

Many moons ago, someone (not me!) committed a crime by breaking into a computer I owned and then using it to commit another crime.

This brought a bunch of men in suits to my house to confiscate my computer and I ended up going for a polygraph test, etc. In the end, it took about a year, but I got all my stuff back and the perpetrator of said crime was never located. I was, of course, never charged with a crime, never arrested, and never committed a crime.

Anywho - when the CBP agent asked if I had even been arrested or convicted of a crime, I said no. He then called me a liar and said I was trying to hide this investigation from him. When I said 'no, sir, you asked about arrests and convictions which of course I have never been' he then berated me about how GE is a program all about trust and how untrustworthy he thinks I am.

All I could think of was Arlo Guthrie and the Group W bench. And at least Arlo actually DID something wrong!! All I've got is an investigation of a crime that was committed against myself and a third party!

The net-net is that, thankfully, I was able to provide him with the name of the government representative who conducted said investigation many years ago, and he turned the whole thing over to his supervisor.

I got approved about 5 hours later, but the entire drive home, I was furious that I may not be moral enough to join GE because of a crime that was committed against me! Not to mention how insulting the CBP agent was ...

Not a pleasant experience but I'm happy to have my GE card.
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Old Mar 11, 13, 12:55 pm   #164
  
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This is good info, thanks. I just applied for NEXUS and was wondering what would happen, since I have a misdemeanor (underage possession of alcohol) from way back in 2000. I figured the US side would be fine since it was a long time ago and it never impacted a security clearance. I'm hoping Canada feels the same. Does anyone have any data points on how Canada feels about relatively minor misdemeanors from over 10 years ago?

Otherwise, it sounds like my wife and kid will be using NEXUS/Pre-Check while I wait in line!
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Old Mar 11, 13, 1:00 pm   #165
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How old were you when you were cited for underage drinking?

The drinking age across most of Canada is 19, 18 in Alberta, Manitoba, and Quebec. See http://www.ccsa.ca/eng/topics/legisl...s/default.aspx .

I would suspect if you were doing something which is not even a crime anywhere in Canada (drinking while 19), this might weigh in your favor.

If you were 18 you might want to do your interview in Alberta, Manitoba, or Quebec.

Quote:
Originally Posted by PWMTrav View Post
This is good info, thanks. I just applied for NEXUS and was wondering what would happen, since I have a misdemeanor (underage possession of alcohol) from way back in 2000. I figured the US side would be fine since it was a long time ago and it never impacted a security clearance. I'm hoping Canada feels the same. Does anyone have any data points on how Canada feels about relatively minor misdemeanors from over 10 years ago?

Otherwise, it sounds like my wife and kid will be using NEXUS/Pre-Check while I wait in line!
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