Pics4katz

Thanks, I'll check into this more to see what can be found out. Appreciate the feedback!

jspira

. Unless the question is were you arrested recently enough that it would show up on your record, it would appear the answer to the question is still "yes".

1KChinito

I applied NEXUS recently (I already have GE), similar process as Global Entry. One question was any US Customs violation. I answered yes. At interview, officer asked me same question, I answered no (I forgot my own answer). He said your application answer was yes. I explained to him I was scolded for not declaring pastry which was allowable (no meat, seed and vegetable), because anything edible is food. Officer asked was this item confiscated, my answer was no. Officer said I was extremely honest. My NEXUS application was approved on the spot.

Moral of my story is if ever in doubt, disclose. It is better to over disclose than not disclose.

747FC

Always disclose fully. Always assume it is in the database. Never minimize seriousness of infraction. Good luck.

Often1

For all of the people who ask questions such as whether an arrest must be disclosed, there are only two things they need to know in order to answer:

1. Were they arrested?
2. What is the question asked on the GE / Pre-Check / Other TTP application?

If they were arrested and the question is "Have you ever been arrested" then the answer seems pretty obvious. If the question is, "have you been arrested since 1975" and you were arrested in 1974, the answer is equally obvious.

When completing government forms of any type, the easy answer is not to guess at what the government agency knows or what the government agency is looking for. It is not to play cute and to simply answer the question.

As to OP's specific question, there is no one single record. A 1974 arrest may or may not pop up one way or another. But, that is not material.

squeakr

so yes they can check

pa3lsvt

I have said it before and I will said it again:
The question on the application is something along the lines of "have you been convicted of a criminal offense" - unless something has changed since I applied in 2013 (GE) and 2014 (NEXUS).

Arrest != Conviction

I answered NO even though I faced felony charges in 2003/2004. I could prove the charges were withdrawn and nolle prosequi was entered on the docket. Nobody said a single word about my NO answer because I WAS NOT CONVICTED OF ANY CRIME and thus my answer was truthful.

That said, at the interview, any past arrests can and likely will come up if the records do not clearly show that the arrest did not result in a conviction.

The real issue is whether or not some of the 'grey area' dispositions (PBJ, delayed disposition, ARD, etc.) are equivalent to 'conviction' as well as whether the level of some criminal offenses that one may have been convicted of rise to the level of requiring disclosure (summary offense, infraction, etc.).

This is a legal process, so answer the question that was asked. Everyone here trying to determine if they need to disclose arrests at the time of application are answering the wrong question.

[I give an over/under of 3 posts before someone comes on and says "but one should be more careful and disclose any arrests just to be on the safe side" as a rebuttal. I'm just here to say that the question on the application is about CONVICTIONS and the interviewer will cover any arrests that require attention during the interview. The CONVICTIONS question is designed to weed out people that don't even deserve an interview so as not to waste the time of CBP, so go ahead and "be more careful" if you feel the need. But be assured that my FELONY ARREST was no barrier to my TT memberships and did not require disclosure at the time of application. Just make sure you can prove an arrest did not result in a conviction when the time for the interview comes, because the interviewer will be aware of any arrests regardless of how you answer the question on the application.]

squeakr

I appreciate that you are distinguishing between arrests and convictions And what the application asks for. However, what may get lost in your comments is your final comment about cases where there's no proof of what became of the arrest.

that is the situation my DH found himself in when first applying for Global entry he said he had not been convicted, but when he arrived at the interview he was asked about an arrest from 1972. The charges had been dropped but there was no proof in the court system about it. He jumped through all kinds of hoops with the local court where the case occurred and finally was able to present enough evidence that looked like there had been no conviction. He was then approved, but for very old cases where there not may not be clear proof of a dismissal or finding of not guilty, this situation may come up at the interview.

Pics4katz

Appreciate the info and comments being generated on this. The case from 1974 involved an arrest for failure to pay a speeding ticket on time. The issue in my husband's case is the local court does not have any paper records dating back to 1974 and the new computerized system began approximately in the year 2000. The older records, which were paper only, were only kept for a certain period and then destroyed. So I guess we will see what happens at the interview.

squeakr

good luck!

GERequest

I have a question for those of you who've applied and have criminal convictions or arrests on their record. I have a conviction from about 15-16 years ago but my current employer doesn't know about (happened after I was hired) and I would like to keep it that way. Any chance that the interviewer asks about whether your current employer knows about your conviction or they contact your employer to verify employment?

747FC

Zero chance. Unless you were convicted of child pornography and you work in a school. Then the interviewer may not be able restrain himself from asking you if your employer knows.

GUWonder

Highly, highly unlikely for such question to be asked. The very rare exception may be when the noted crime would seem to be a professional disqualifications on its face.

Lmarino17

Hello, I was conditionally approved for TSA, scheduled the interview and during the interview he asked if I was arrested.. Which I admitted. He wanted the court disposition of said arrest faxed to ? Him ? or general fax pool for TSA.. I did this in a matter of 2 hours after the interview. I was never told I was denied, but also never told I was approved.. I guess I am in limbo just curious to what the next step is. Has this happened to anyone before?

MSPeconomist

Were you applying for GE, which is run by CBP, or PreCheck, which TSA does?