SLO1966kite

Simple straight forward questions looking for an answer, below are the facts:

1. Been in Global Entry three years, no issue.

2. Received a Wet Reckless (same as a DUI) 1.5 years ago. Cite and
release (was not arrested and processed), paid fine, three year alcohol probation, will have expunged at end of probation, one year prior to GE renewal.

3. Have traveled to Europe a five times, returned with no issue. since conviction.

4. Have to travel to Australia, having been there 5 times before with only the Electronic Travel Visa to get in to Australia. I know on their landing card they ask if you have ever been arrested of ever had a conviction, always answered no until this upcoming trip I will say yes.

5. I applied for a Visa prior, declared the Wet Reckless and received a year travel visa from Australia, I did this 6 months prior to travel.

QUESTIONS

1. Has anyone ever been withdrawn/removed from GE, after being enrolled, for a Wet Reckless or DUI conviction?

2. If I use the GE kiosk in Australia, do you think it will be found by GE and initiate a removal from the program? I am assuming the electronic version may ask about any convictions?

3. Has anyone entered under GE into Australia and know if the kiosk ask about prior convictions as in the landing card? I am thinking of not using the GE Kiosk in Australia and just standing in line, since they know and have approved already, not to trigger a GE red flag.

4. Should I declare the conviction to GE. I see no benefit in this. The criminal record is evident, in lexus nexus, and criminal database(I do not remember anywhere about self reporting in the GE interview a few years ago)?

5. If there is a self reporting, can you site exactly where I can read this policy before I initiate.

Thanks for any insight.

drewguy

Based on others' posts here, the GE folks seem quite capable of pulling membership based on new developments.

I don't believe there is a requirement to update your application after accepted, although when you renew you will of course have to do so.

mbwmbw

AUS doesn't ask that. They ask: "Do you have any criminal convictions?"

http://www.immi.gov.au/managing-aust...ipc-sample.pdf

http://www.immi.gov.au/managing-aust...ds/samples.htm

SLO1966kite

Thank you for your answers. I expect to have the card revoked on my next entry or renewel.

A Wet Reckless or DUI, is considered a criminal conviction. Laws has stiffened severely, which I agree with, and unfortunetly for me it is. Prior to 15 years ago it was not considered criminal, Wiki Answers summarizes it best:

DUI Is Criminal Offense
In some states, such as Wisconsin, a DUI is NOT a criminal offense. However, almost every other State does treat DUI or DWI as a criminal offense, punishable by jail and fines.

Yes, it is considered a criminal offense. First time offender's generally get a hefty fine, community service and a restricted or suspended license. Multiple offenses will result in fines, license revocation and jail time. Most states have mandatory sentences for habitual offenders, this means the penalties and time served cannot be plea bargained nor amended by a judge.

Some states have three strike law on DUI and can carry long term jail time & very high fine. In Virginia, fine had to be pay in full before release from jail.
Thousands of people are dying every year due to drunk drivers, that's why the government has decided to push this type of people into jail, or heavy fine, or rejected license in almost every state of the America and in other countries as well.

SLO1966kite

I forgot to add, short of going to trial and receiving a "not guilty" plea, you are convicted of a criminal offense. Fortunately, California is lenient on expungements, just not CBP.

Ari

Why? Do you know that CBP is aware of your case? Since you were cited and not arrested, the usual way CBP is notified about TT member arrests (Secure Communities) doesn't apply. The State of California would have to submit the conviction to NCIC; I don't know if they do that for non-DUI vehicle misdemeanor convictions.

The only way for CBP to find about it is if it is submitted to NCIC or if CBP is trolling through derogatory state databases with TT members' names on a constant basis. They might only do that every 5 years. You could get lucky and have it expunged by then. But if CA puts these things in NCIC, tough luck, I think.

catocony

I thought that a wet reckless was only available as a DUI plea bargain in California? It's not something you're just given a ticket for, so from an ARREST perspective, treat it like a DUI. From a PENALTY standpoint, it's not a DUI, and that's what most countries are concerned with - not an arrest record.

freshfrag

Hi, Just wondering what your outcome was? Did they deny it? Were you able to get it back?

DaveBlaine

In Wisconsin a DUI is a rite of passage.



Belated thanks for the post and run.

DaveBlaine

Welcome to FlyerTalk!

Yoshi212

Since when are there GE Kiosks in Australia? They do have Smart Gate which GE members are eligible to use but is not the GE system.

N1120A

Actually, to ignore an expungement would be to fly in the face of the remaining authority of the 10th Amendment and state sovereignty. Further, an expungement in the United States means that the conviction does not exist and you have not been convicted of a criminal offense. While Canada may take issue and require rehabilitation, CBP would be bound to honor the law. Also, it appears through the experience of quite a few folks that the rules for GE are a touch less stringent than for NEXUS, specifically because of the way Canada treats DUI.

USCTrojan83

If you've come back from Europe repeatedly and used GE since your wet reckless, then you're probably fine. GE is notified if somebody is arrested + booked AND/OR the local agency manually submits the information to the FBI database. If you were never actually booked, it is unlikely CA submitted this information and therefore there is no record. I guarantee you that if you'd been booked at the station your GE would have been revoked at the first return into the US using GE.

SLO1966kite

Ok, so it is time to renew my Global Entry card. Other than the Wet Reckless 5 years ago, nothing else has occurred. Incidentally this was a cite/release (same as go to jail or I cite you) and then went to court. I disclosed the issue in the renew app today and will let you know what happens. I have been traveling everywhere so I hope I do not loose this privilege.

In regards to Australia, all they cared about was disclosure prior to entry. The Customs Officer was really nice pulled me from line, asked me to wait while he double checked my electronic visa, and came back and said I was good. He said it would be an issue if I disclosed it upon landing, and not prior. Glad I did.

In regards to expungement, it does not protect you from law enforcement disclosure, at least here in CA

DaveBlaine

This has got to be a record on FlyerTalk for an OP following up with a post.

Good luck to you.

By "CA" do you mean California or Canada or something else?