Originally Posted by
ThaPhenom
I actually got turned down today, but I'm trying to see if it can get overturned.
A little background:
In June I was arrested in California for suspicion of DUI.
In September the DA declined to file charges, I'm assuming based on the evidence.
My lawyer told me that if the DA decides not to file charges they do NOT file anything with the court to indicate such. However Global Entry needs some type of certified proof of disposition from the court. So how can I provide proof that I was never charged if there was nothing filed with the court after the arrest? Hence my dilemma. Until I can prove that I was not and will not be charged I cannot get approved for Global Entry.
If you were arrested in June and the DA made the decision in September, it seems to me that some court file must exist. Did you have to post bail for release, or were you just let go? Was your license suspended (or did you have such a hearing). Without more information, it is hard to figure out what to do.
If there is a court record, the charges don't hang out there forever if the DA decides not to pursue them-- or they aren't supposed to anyway-- at some point, they must be prosecuted or dismissed. If the speedy-trial clock runs out, the charges have to be dismissed with prejudice. If charges were never filed with the court (which would be strange unless it is common practice in California to arrest people and not charge them until 3 months later), documentation would be a little harder.