Originally Posted by
AdventureA
I was charged and convicted of several misdemeanors and a felony in Washington State (total of 4 separate cases). I had all of the Court cases expunged, and confirmed that the State Identification Bureau (Washington State Patrol) and the FBI had deleted all of the records (along with various other State & Federal Agencies). I spent months enforcing the expungement orders and I thought I had cleared all of the relevant databases. I actually spoke to an FBI Analyst at the end of 2021 who advised me to NOT disclose the expunged records on any federal forms, as they are completely expunged. I specifically asked about Global Entry as well.
I disclosed all 4 cases (listed them as "charged with") on my Global Entry application. Today at my interview the agent asked if I had been arrested. I referred him to my application and said I had been arrested for several charges/cases. When he asked if I had been convicted and what the severity of the cases were, I said everything was expunged and provided all of the expungement orders. Tonight my application was denied for: "You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions."
What databases did I miss? What are my next steps? I believe I can appeal to the Ombudsman and file a FOIA request? Does anyone have any other suggestions?
I contacted a Lawyer who deals with Global Entry and related legal work. He advised me that he has never heard of anyone getting Global Entry with multiple criminal records, even if expunged. He was not willing to even try to help.
I called the Enrollment Center and they were not much help. They refused to give me the name of the database where the information is located.
I went ahead and filed a FOIA Request to U.S. Customs and Border Protection: "
*Redacted personal info* I am requesting ALL records pertaining to my Global Entry application submitted in January 2022. Global Entry Program Membership #*Redacted*. On 06/21/2022 I received a denial letter and I would like ALL records pertaining to the denial. Specifically: -All criminal records and background investigation information, including the names of databases where the information is held, the names of the agencies holding this information, dates & names of charges, conviction / case status, where the cases occurred, and any other criminal information that was used to deny the application. -All Customs and Agricultural Violation information, or proof that no such records exist. -Any other adverse information that was used to deny the application, including records pertaining to background checks, violations, & other adverse findings."
I also sent new requests/emails to the Washington State Patrol and the FBI: "
Hello There,Last year, I sent your agency Court Orders to Expunge, Destroy, & Erase ALL Criminal History Data. Your agency confirmed that all records were destroyed pursuant to the Court Orders.
I applied for Global Entry through the U.S. Department of Homeland Security Customs and Border Protection this year. I was denied membership due to the following: “You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions” (please see attached letter).
Can you please confirm that ALL Criminal History Data has been destroyed in all databases within your agencies control? If no, what are the names of the databases and why were they not purged? If yes, do you have any idea what other agencies and/or databases would still be holding onto this data? Do you have any other information or advice that could help?
Thank you in advance for your assistance!"
I am aware that I am probably not going to get anywhere. However, I feel that it is worth digging into a bit, as at least 1 other person in this thread was able to get Global Entry despite having their record expunged.