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Applying/Renewing Global Entry w/ Dismissed/Expunged Arrests/Charges/Convictions

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Applying/Renewing Global Entry w/ Dismissed/Expunged Arrests/Charges/Convictions

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Old Sep 23, 2016, 4:37 pm
  #91  
 
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PJ works for me (glad to see you join :-) ), he has a fed clearance for our work and this entire thing was very unfortunate in my opinion. I am sure it sucks to have that "record" now when not actually the person involved. I also suggested keeping the paperwork on your person at all times in case anyone asks. See you next week amigo.
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Old Sep 23, 2016, 5:29 pm
  #92  
 
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I was arrested for a felony and 4 misdemeanors in PA in 2003. The charges were withdrawn (felony & one misdemeanor) and nolle prosequi for the remaining charges at the outset of trial.

It came up at the GE interview (2013) and NEXUS (2014) CBSA background check. As long as you can show the charges were dropped with paperwork, you will have no problem being approved.

In fact, neither officer cared about the details of the charges, only that I was not convicted of anything and could prove it.
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Old Sep 23, 2016, 7:45 pm
  #93  
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Unfortunately there really is no such thing as "expungement" anymore in the sense that the records no longer exist. They do and they always will. You just have to accept that as a practical reality.

Copies of documents themselves are not enough. You need two things. First, a letter in plain English from your lawyer "To Whom it May Concern" which explains without puffery what happened and the legal impact of what has happened. Conclusions are not good enough. No reason for a CBSA officer at some border crossing to understand citations to Pennsylvania law. Second, attested (certified) copies of the appropriate court orders and docket entries. On second thought, spend the money now and get yourself a bunch of those attested copies.

Keep one with you, keep one in a safety deposit box, and keep one somewhere else.

You can't do much more.
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Old Sep 25, 2016, 8:53 pm
  #94  
 
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Originally Posted by Often1
Unfortunately there really is no such thing as "expungement" anymore in the sense that the records no longer exist.
You can't do much more.
The records exist, of course. Access to the records does not. I've been arrested twice. Once in 2005 and once in 2011. No convictions. Both were expunged. I've pulled my record from the NCIC twice. Neither the first arrest nor the second arrest appeared. I also applied for GE a few weeks ago. Wasn't asked about either arrest in the interview and was subsequently approved.

If people really want to know if their arrest has been properly expunged at a federal level, they can pull their own records. It's a pretty straight forward process, though it does require fingerprinting.
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Old Sep 26, 2016, 9:02 pm
  #95  
 
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thanks again everyone. I'll admit it again that it sucks having to answer yes to being arrested even though I was mis-identified. I will bring the paperwork noting I was in the wrong place at the wrong time. So far I am 5 for 5 with Global Entry giving me Pre-check since, but I have not flown internationally yet. Thanks again for your sage advice and for letting me vent a bit :-)
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Old Sep 29, 2016, 8:48 pm
  #96  
 
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So, I talked with folks who work/worked with other agencies, and I'll say this. I believe the CPB agents see whatever is in NCIC. So, don't think you'll get anything by them...if it is still in NCIC. There are also off-line, deeper searches. You can google off-line searches, and you'll see those searches do not occur nearly as often as people applying for GE. Off-line searches not only tell you the history, they also tell you who has pulled the record, when, etc. I believe the government publishes they do 22k off-line searches per year (much less than GE applicants). That is public record or at least stated to the public. If a record is expunged correctly as stated by many in this thread, at the federal level, it would not show up on a normal NCIC criminal history search. This is as I thought. I seem to recall people who had felony arrests that were blank on their criminal history after correct expungements. I just didn't see a before picture to tell if anything was ever there in the first place, but it had to be. This was probably 10 years ago that I recall, but I wouldn't think it's much different.

If you were applying for a job with CPB, they would likely do a formal background investigation, which is much different than a simple NCIC search. That's boots on the ground knocking on your neighbor's door. I don't know what advice to give to someone from there because you can't truly look into NCIC by yourself. Criminal histories are a guarded section of NCIC, even to a local LEO. They need to get them, however, sometimes to do their job. For example, when you need to verify if someone is a convicted felon, or has a domestic violence conviction, and is carrying a handgun, you may need to run their CH. You will also document who requested it. This also ensures no friends of friends can get their buddies to see the CH of who their daughter's dating, etc.

On another note, the CPB agent didn't ask questions about arrests or convictions when I applied for GE. They certainly would if there was something there, but that at least adds a DP that they aren't all out to see what kind of dirt they can dig on you even if they get a blank screen. The agent didn't really hide the monitor on us either. She actually was pointing to the screen as she noted everywhere my prints have been run for security clearances.

I think people are making more out of this than it is. If someone has a legal binding document (signed by a judge in that jurisdiction), they should have the right to do whatever the document says they can do. Then, if anything is odd, they can then explain in detail why something is in NCIC. Again, this is just my opinion. At the end of the day, I do believe it's all about what is in the federal criminal history record that is accessible to all LEO agencies. I have no idea what websites pull, but I would trust NCIC over them. I'm NOT saying go beg your LEO buddy to come up with a reason to run your CH, but I do believe it's all about what's in NCIC. If for whatever reason, good or bad, you have an opportunity to look at what prints out of your CH, that should be the info you need.
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Old Oct 1, 2016, 4:37 pm
  #97  
 
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Originally Posted by Newgene
So, I talked with folks who work/worked with other agencies, and I'll say this. I believe the CPB agents see whatever is in NCIC. So, don't think you'll get anything by them...if it is still in NCIC. There are also off-line, deeper searches. You can google off-line searches, and you'll see those searches do not occur nearly as often as people applying for GE. Off-line searches not only tell you the history, they also tell you who has pulled the record, when, etc. I believe the government publishes they do 22k off-line searches per year (much less than GE applicants). That is public record or at least stated to the public. If a record is expunged correctly as stated by many in this thread, at the federal level, it would not show up on a normal NCIC criminal history search. This is as I thought. I seem to recall people who had felony arrests that were blank on their criminal history after correct expungements. I just didn't see a before picture to tell if anything was ever there in the first place, but it had to be. This was probably 10 years ago that I recall, but I wouldn't think it's much different.

If you were applying for a job with CPB, they would likely do a formal background investigation, which is much different than a simple NCIC search. That's boots on the ground knocking on your neighbor's door. I don't know what advice to give to someone from there because you can't truly look into NCIC by yourself. Criminal histories are a guarded section of NCIC, even to a local LEO. They need to get them, however, sometimes to do their job. For example, when you need to verify if someone is a convicted felon, or has a domestic violence conviction, and is carrying a handgun, you may need to run their CH. You will also document who requested it. This also ensures no friends of friends can get their buddies to see the CH of who their daughter's dating, etc.

On another note, the CPB agent didn't ask questions about arrests or convictions when I applied for GE. They certainly would if there was something there, but that at least adds a DP that they aren't all out to see what kind of dirt they can dig on you even if they get a blank screen. The agent didn't really hide the monitor on us either. She actually was pointing to the screen as she noted everywhere my prints have been run for security clearances.

I think people are making more out of this than it is. If someone has a legal binding document (signed by a judge in that jurisdiction), they should have the right to do whatever the document says they can do. Then, if anything is odd, they can then explain in detail why something is in NCIC. Again, this is just my opinion. At the end of the day, I do believe it's all about what is in the federal criminal history record that is accessible to all LEO agencies. I have no idea what websites pull, but I would trust NCIC over them. I'm NOT saying go beg your LEO buddy to come up with a reason to run your CH, but I do believe it's all about what's in NCIC. If for whatever reason, good or bad, you have an opportunity to look at what prints out of your CH, that should be the info you need.
You can obtain the criminal portion of your NCIC record for your personal review. It can be done directly from the FBI or though an FBI approved channeler.

<redacted>. You can see what they have or don't have on you before you apply for GE. At least as it pertains to what the officer will see during your interview.

Last edited by TWA884; Oct 1, 2016 at 5:34 pm Reason: Comment better left for OMNI/PR
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Old Oct 4, 2016, 7:07 pm
  #98  
 
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[edited]

Last edited by leaveamessage; Oct 6, 2016 at 12:08 pm
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Old Oct 4, 2016, 9:56 pm
  #99  
 
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Originally Posted by leaveamessage
So.... this thread is interesting..


I didn't bother applying for either GE or PRE in the past, as I figured I wouldn't be eligible, as I have a single arrest in the Uk almost 20 years ago for something that would definitely be classed as a misdemeanor here in the US. It is not on this TSA list: https://www.tsa.gov/disqualifying-offenses-factors

Being younger (although not a minor), somewhat scared and with really poor duty legal representation, I accepted a caution, which in UK terms is a formal warning, with fingerprints and DNA taken, and which is recorded on police systems, but there is no action taken beyond that.

As I later found out, a caution is an admission of the offence, but is not classed as a conviction. I have zero other arrests or citations, on either side of the pond - not even a traffic ticket.

When I went through my US immigrant visa and green card process I was upfront and honest about the single incident, I produced the paperwork from that time as well as a police print out showing that is the only incident held by UK police about me, which was backed up with the official police certificate that you have to provide. This caused no issues or delays, and I have been a lawful permanent resident since. This is all contained in my file, wherever USCIS have it stored, and will no doubt be mentioned when I go through my application for citizenship.


So... why I am I posting this now?
I had PRE appear randomly on my AA domestic BP last week - I believe under the 'Managed Inclusion' program - and when I successfully used it, it not only turned out to be a huge time saver, but it really reminded me of how easy certain aspects of travelling used to be, so I would love to do so again.

So, given the info just posted, is it worth me applying for GE and PRE?
Have I been flagged by a big computer somewhere as ok for PRE or was it given to me basically randomly just to tempt me?
Lots of questions, not many answers so far.
Just apply for any program you want. GE, Pre or Nexus are all available to you based on the fact that your "offence" was over 10 years ago. One exception I know is any drug-related crime.
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Old Oct 5, 2016, 1:28 pm
  #100  
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Getting PreChecl via managed inclusion, meaning either sent to the line or having it appear randomly on a boarding pass, doesn't mean anything about potential eligibility for GE.
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Old Oct 5, 2016, 6:10 pm
  #101  
 
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Does anyone have a link for obtaining NCIC record? I did a google search and the FBI link doesn't work and I don't want to use a source that is a scam.

Is it possible to get GE for an arrest back in 86 if that is the only criminal offense? I got charged with telephone harassment of my roommates girlfriend, didn't get fingerprinted but had to go to court and it got plea bargained down to disorderly conduct (from an M-1 to an M-4) and plead no-contest. I got a suspended three-day sentence and got six months probation and had to go to counselling once a week for six months and have not been in trouble since.

I'm hearing mixed things about this. I've been told you can get GE with one misdemeanor offense if it's over ten years and I've been hearing other stories that if it's not expunsed I'll be denied. I don't want to waste the time or money applying if I will likely be denied since I have precheck anyway.

Originally Posted by leaveamessage
So.... this thread is interesting..


I didn't bother applying for either GE or PRE in the past, as I figured I wouldn't be eligible, as I have a single arrest in the Uk almost 20 years ago for something that would definitely be classed as a misdemeanor here in the US. It is not on this TSA list: https://www.tsa.gov/disqualifying-offenses-factors

Being younger (although not a minor), somewhat scared and with really poor duty legal representation, I accepted a caution, which in UK terms is a formal warning, with fingerprints and DNA taken, and which is recorded on police systems, but there is no action taken beyond that.

As I later found out, a caution is an admission of the offence, but is not classed as a conviction. I have zero other arrests or citations, on either side of the pond - not even a traffic ticket.

When I went through my US immigrant visa and green card process I was upfront and honest about the single incident, I produced the paperwork from that time as well as a police print out showing that is the only incident held by UK police about me, which was backed up with the official police certificate that you have to provide. This caused no issues or delays, and I have been a lawful permanent resident since. This is all contained in my file, wherever USCIS have it stored, and will no doubt be mentioned when I go through my application for citizenship.


So... why I am I posting this now?
I had PRE appear randomly on my AA domestic BP last week - I believe under the 'Managed Inclusion' program - and when I successfully used it, it not only turned out to be a huge time saver, but it really reminded me of how easy certain aspects of travelling used to be, so I would love to do so again.

So, given the info just posted, is it worth me applying for GE and PRE?
Have I been flagged by a big computer somewhere as ok for PRE or was it given to me basically randomly just to tempt me?
Lots of questions, not many answers so far.
You probably got lucky and got Precheck at random. I sure wouldn't expect it every time without a TTN.

I would just apply for precheck if most of our travel is domestic. There's a lot more places you can apply for it and quite a few airports have enrollment centers where you can be fingerprinted and do the necessary paperwork. There's only a few offenses that will ban you from getting precheck. Providing what you were arrested for wasn't on that list (i'm assuming it's not or you probably wouldn't have been given US citizenship if you were arrested on one of those charges) you should be approved with no problem. I know someone with two felonies and two dui's who got approved for precheck

Last edited by TWA884; Jul 15, 2017 at 4:32 pm Reason: Merge consecutive posts by the same member; please use the multi-quote function
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Old Oct 10, 2016, 7:20 pm
  #102  
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Datapoint here: I was arrested in 2008 for a Failure to Appear. I had a speeding ticket I didn't pay, I was pulled over for another traffic infraction and arrested based on the FTA. I eventually was allowed to go to traffic school on my original ticket and pay a fine. I had no issues getting GE, the agent at my interview asked about it briefly and that was it.

I will say that my first time using GE, I had the X on my ticket and I had to go talk to the agents at EWR Immigration. They told me I was flagged for that entry due to my arrest.
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Old Oct 19, 2016, 2:00 pm
  #103  
 
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I spent a couple hours reading through this thread last night ahead of my Global Entry appointment today - so thank you to everyone for their input. I thought I would share my experience in case it can help anyone in a similar situation.

I'm 28 and have never been convicted of a crime, so like many others on here I could confidently answer "no" on the application. The 3rd questions asked during my interview today was if I had ever been arrested, to which I immediately answered "no". But the very next question was if I had ever been "arrested".

I've been arrested twice, once in 2003 when I was 15 for a juvenile battery case that I eventually pleaded no contest in and the case was eventually expunged from my record. I was told by the judge and my attorney at the time that I would never have to acknowledge the case in any interview or questionnaire. I was then arrested in 2009 as a 21 year old for disorderly conduct and public intoxication, all charges were dropped and the case dismissed.

So when asked if I was arrested I brought up the arrest in 2009 and told the officer that all charges were dropped, but I did not mention the juvenile arrest. After he checked the status of the 2009 case he immediately asked me what happened in 2003, which caught me off guard but I answered honestly that it was a juvenile case where the charges were dropped and the case expunged. He said because it was 10+ years ago it would not affect the application (BUT also why would it...an arrest is not a conviction. What happened to innocence until proven guilty???)...and that I would need court documentation to prove the disposition of the 2009 case. He also explained that I might be flagged every time I enter the country because of these arrests, which seemed odd - again, no convictions!

Easy though, contacted the county of the 2009 arrest and within an hour they mailed out the proof of disposition. On my drive home I received an email from GOES saying my approval was pending the disposition, so once that is sent everything would be good to go.

Moral of the story - they know everything. Don't hide anything.
And get court paperwork prepared ahead of the interview.

Sorry for the novel, but hope this helps someone!
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Old Jan 13, 2017, 6:10 am
  #104  
 
Join Date: Jan 2017
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Originally Posted by bmw128

So when asked if I was arrested I brought up the arrest in 2009 and told the officer that all charges were dropped, but I did not mention the juvenile arrest. After he checked the status of the 2009 case he immediately asked me what happened in 2003, which caught me off guard but I answered honestly that it was a juvenile case where the charges were dropped and the case expunged. He said because it was 10+ years ago it would not affect the application (BUT also why would it...an arrest is not a conviction. What happened to innocence until proven guilty???)...and that I would need court documentation to prove the disposition of the 2009 case. He also explained that I might be flagged every time I enter the country because of these arrests, which seemed odd - again, no convictions!
flagged - which means possible interaction with CBP officer / waste of time of depending on how quickly offer becomes available to clear you. Then why go thru GE interview - i thought it was suppose to save time, i do understand about occasional 1 in 10 times delay on arrival.
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Old Jan 13, 2017, 6:20 am
  #105  
 
Join Date: Jan 2017
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I was arrested once for non-payment of traffic fine & released after posting bail bond as payment of traffic fine.

I went thru my GC interview last year, green card interviewer didn't even question me about arrest nor asked any papers & green card was approved same day. Although I did disclose in my GC application that I was arrested for non-payment of traffic fine.

I've applied for Global Entry - now my problem is Court don't have my case related records with them anymore since it was 7-8 years back and it was expunged / lost in there system. I'm in limbo because officer will ask for Court disposition during GE interview. Only document court could provide is I paid my traffic fine and agreed for probation period resulting in closing ticket. I'm in limbo about court disposition.

Has anyone face same issue before?
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