pushthelimit

Can someone tell me how the question was worded exactly on the online application?

Was it "have you been arrested?"

Or is it "have you been convicted of a crime?"

Thanks in advance.

scubadu

I highly, highly recommend you not spend time quibbling about the exact wording on the online application. Simply tell the whole truth, straight up; that is the only viable path, I promise you that.

Regards

Ari

There is a huge difference between an arrest and a conviction. That is not quibbling. How can you answer a question honestly if you don't read the exact wording. Sheesh.

For the record, the application asks about convictions, not arrests.

747FC

The OP implies that he was sanctioned for a "Wet and Reckless." It sounds like it is a Violation, rather than a MSD or Felony.

It is in an applicant's interest to answer the "Conviction" question affirmatively, then explain further. Anything else, and one can be perceived as dishonest.

scubadu

You can "sheesh" all you want, but if the posters record is up on the CBP officers screen at the interview, then being straight up honest, open kimono, is the only viable path and it won't matter how the the poster thought the question was worded on the application. This is not likely something that would cause the poster to not be approved, but dancing around it or parsing terms creates the sense that where there is smoke there is fire (in terms of honesty)

And to your final sentence, I'd make the case that when filling out an application for a trusted traveler program, sponsored by the U.S. Govt. and laced with statements and blinking lights forcing you to attest to the truth and accuracy of the application your are submitting, well, I'd make the case perhaps its in peoples interest to, you know, "read the exact wording"

Regards

pa3lsvt

I was arrested for a felony in 2003. I answered "NO" on the application (which asks for convictions, and the difference between an arrest and conviction is significant and matters).

At GE interview, arrest record comes up. I disclose. I am asked to provide evidence that the arrest did not result in a conviction. I do so. I am approved.

I subsequently apply for NEXUS. Still answer "NO" to "have you been convicted of a crime" question. I get a call from CBSA, asking about arrest. I disclose. I am asked to provide evidence that I was not convicted. I do so. I am approved.

Please stop telling people to disclose arrests on the application. It asks about convictions. Nobody is going to be rejected for failing to disclose an arrest that does not result in a conviction (but you are going to have to prove that no conviction occurred). Because the fact of the matter is that arrests are not disqualifying events on their face. Unadjudicated arrests and a number of criminal convictions are, in fact, disqualifying events (although the arrests are really temporary as long as no conviction occurs).

747FC

If the question asks for Convictions, it makes perfect sense to disclose any incident that results in a sanction. Using this strategy is more likely to result in a favorable outcome than playing it cute and parsing words. YMMV.

Often1

Way too much quibbling especially about terms which may matter in some states, but are unlikely to matter to the feds. Crimes vs. infractions may matter in some states, but in others an infraction is a crime. In others, deferred adjudications still involve entering a plea of guilty, but the court not entering judgment and so on.

The questions aren't being asked so that you can provide information, they are being asked to see whether you are upfront.

All of this stuff will be in front of the CBP Officer during the interview. If I had an infraction which I thought was not a crime and I were asked about "crimes", I would disclose the infraction and couple it with the words, "I don't think that it was a crime -- they called it an infraction, but...."

On the online form, I would answer the exact questions asked.

It doesn't appear that people are being denied for older non-serious offenses. But, they are being denied for being anything less than 100% candid. Once that determination is made, you are basically done for a good long time.

747FC

For those of you who wonder what to admit to, this comes from an application for another part of the Federal Government:

"Have you ever been arrested for, charged with, OR convicted of a felony or misdemeanor, even if expunged from your record?...

NOTICE: IF YOU CHECK "NO" FOR THE ABOVE QUESTION AND THE CRIMINAL HISTORY CHECK REVEALS INFORMATION TO THE CONTRARY YOUR APPLICATION WILL BE AUTOMATICALLY DISQUALIFIED."

This is not for Global Entry, but gives an idea about how federal law enforcement feels about the general issue....

Fleck

Just for clarification, the exact question on the GOES application is:

No mention of arrest or charged with...

Not sure how that's not clear. If I've been arrested 50 times and none resulted in a conviction, the answer is no. Or am I nuts?

747FC

If that was the case, no need to apply....

Fleck

True, but that's not the point. If I had a hypothetical arrest 3 months ago, and the case was thrown out, the answer to the question is no, and the questions on any other federal form are not relevant.

Ari

The GE application could have used that language too. It didn't. It asks about convictions only, not arrests or charges. Perhaps the application asks the question that way because it is the policy of CBP TT programs to respect acquittals and expunctions (it is). And perhaps the reason officers ask about arrest histories at the interview is to gauge honesty and verify the disposition, not because the arrest itself is a disqualifier (it isn't).

I don't believe that someone should answer "yes" to a question when the correct answer is "no" because a different application from a different agency asks a similar but different question on an application used for a different purpose.

747FC

I agree. But, I also believe that in the interview, one needs to be very upfront about anything that could potentially be a negative.

pushthelimit

I will disclose everything. Here is what I'm planning to say. "

On the online application it asks if I've been convicted of a crime. I think I put no, but I was arrested and charged with an infraction about 5 years ago for underage drinking. I'm not sure if that counts as a crime."

This will be fine right?