They weren't really clear on that. My charges were dropped after the deferment period and the record expunged, but the arrest still shows up with no further detail (I later ran a CBI check to verify this.). Apparently, once I provide certified court docs showing that the charges were dropped, I will be approved.

If your "friend" is going to apply, I would highly suggest that s/he brings certified court docs showing that the record was expunged. If a 20 year old misdemeanor pot possession charge is an issue, drink driving most definitely will be.

Logically not, but of course logic doesn't matter.

A pot conviction means that at least one time you used a substance that would be illegal to bring through customs. A drink driving conviction means that you used a drug far more dangerous than pot (alcohol), but one that is not illegal to bring through customs.

Dual Citizenship
 

Does revealing one's dual citizenship make you inelegible for GE? US and Russian, to be specific.

You better reveal it.... they probably already know.

Not at all. First hand experience.

--J

In Canada, an operating a motor vehicle under intoxicating liquor charge is a hybrid charge which means it can be either charged an indictable (felony) or summary (misdemeanor) charge. This means that an OUIL conviction renders you inadmissible because of criminality under Article 36 of the Immigrant and Refugees Protection Act of 2000. A deferred adjudication or other tool resulting in the imposition of punishment without a formal finding of guilt can sometimes constitute a conviction within the meaning of both the IRPA and the US INA. This is the source of the quesiton.

Canadian customs will frequently break out drunk driving because of the distinction. They will also ask it in a way that suggests that it is not as bad so that people are more truthful in disclosing. I was once asked that question at a rural crossing where the guy was standing outside the booth and there was no way he could have swiped my passport.

Probably? In all certainty, they do.
They would probably be more interested in any prior criminal background in the other country or if you come from a "rogue" nation known as a hotbed for terrorism (e.g. Iran, Pakistan, etc).

My Uncle went for his interview on Monday and after completing his interview, he asked the CBP employee about speeding tickets as his wife (my Aunt) has three and he did not want to spend $100 for her to be turned down for speeding tickets.

The agent asked if any of them were felonies like reckless driving or something crazy like 30 miles over the limit and my Uncle said, no absolutely not, more like 11-12 over the limit.

The agent said that simple speeding tickets are not really of any concern with regards to GE, but that if she (my Aunt) was asked about them in the interview, she should acknowledge them.

So, I guess another data point.

Dan

Friend of mine was refused because of speeding, but his were 30+ over tickets (he lives in middle-of-nowhere in Oklahoma).

Although the exact cutoff varies from state to state, usually once you're 25 or 30 MPH over the speed limit, it goes from speeding to reckless driving. The difference?

• Speeding is a civil infraction, punishable with a fine, traffic school and increased insurance premiums.
• Reckless Driving is a misdemeanor, punishable with license suspension, probation, and more importantly a criminal record

If he was driving 30 over it's very likely he was charged with reckless driving, and if he plead or was found guilty, would be the reason he was denied. A regular speeding ticket doesn't result in a criminal record unless you don't pay the fine.

When I went for NEXUS, CBP asked me if I was ever arrested, charged or convicted of any crime, or if I was denied entry to or deported from any country.

We were both asked about arrest records because if I recall correctly, NEXUS requires that you've never had police or court contact of any kind (which includes arrests). The stricter criteria due to the benefit of streamlined entry to both the US and Canada. Global Entry on the other hand only requires that you don't have a criminal record since it's only dealing with entry to the US.

What I've always wondered with the no court contact rule is what would you answer for civil matters. For example, somebody fighting a lawsuit from a creditor in court (which is referred to in many states as a "trial") and if or how a civil judgement would impact a NEXUS application. The UK requires you to disclose civil judgements (even if paid) and bankruptcy as part of the visa application process, and from anecdotal evidence, an unpaid judgement is grounds for denial (although I've only ever heard of this affecting residency appicants) so it wouldn't be that big of a step to assume it could/would result in a NEXUS refusal.

My Uncle and I were talking a little bit ago and he said that the CBP employee actually said that minor speeding tickets are not much of a concern as she (the CBP employee) had gotten a few and they (CBP) allowed her to work for them.

Dan

That's interesting. I disclosed two traffic tickets - 1 for speeding (10 m.p.h. over posted speed limit) and 1 for expired license plate - on my NEXUS application. I indicated on the application that I was stopped, cited, and immediately released and mentioned on the application that I was not arrested. This did, technically, involve a police contact.

When I went through the face-to-face interview @ Ft. Erie, Ontario, my traffic tickets were not even mentioned by USCBP or CBSA.

Received NEXUS card within one week of the face-to-face interview.

Prior to NEXUS, I had previously applied for GE and CANPASS - RABC. Disclosed both offenses. Approved for both programs in spite of disclosure.

My speeding ticket in 1998 was purged from court records due to a purging of Houston Municipal Court records in December of 1999 (per statement from the court, when I requested a certified copy of my court record.)

Expired License plate ticket in 2007 is still in court records, but is a class C misdemeanor in Texas.

Expired License plate ticket is also in my Texas Department of Public Safety driving record.

When I made a formal "open records request" of the Houston Police Department (the law enforcement agency that issued the above tickets,) they indicated that they had no records of me in their files.

When I performed a Texas DPS fingerprint record check, received statement of "no record found." Later found out that class C misdemeanors do not always appear on Texas Department of Public Safety police criminal record checks.

http://www.txdps.state.tx.us/adminis.../pages/faq.htm

18. Question: Why does my criminal history record reflect a Class C citation?
Answer: The Department of Public Safety will retain Class C arrest if reported. Arresting agencies are not mandated to report Class C arrests but have the option to.

23. What data is included in Computerized Criminal History System (CCH)?
Answer: Chapter 60, Code of Criminal Procedure requires that information on arrests, prosecutions and disposition of the case for persons arrested for Class B misdemeanor or greater violation of Texas criminal statues be included in CCH.

As an update, I provided certified court docs to CBP yesterday and was immediately approved for GE. Apparently, their system only shows arrests, but not necessarily the disposition of the case.

I am posting this post under an anonymous handle because I don't really want to air by dirty past. If the mods wish, I will privately confirm my identity.

Thirty years ago I received five felony convictions for my part in an auto-theft ring. I was 20 at the time. I was sentenced to three to ten years in my state's penal system, paroled, and never looked back. I proceeded to go to college and grad school. After a long fight, I received professional licensure in my state and have had no licensing or disciplinary action. Excluding speeding tickets (not excessive ones), I've had no subsequent contacts with law enforcement.

At the age of 50, I received a full pardon from my state's governor. Our state doesn't grant a lot of pardons. According to the best statistics available, there have been 70 pardons granted since 1969. I am not completely sure why statistics were reset in 1969. There is a lot of speculation about the reason, but I guess it is irrelevant.

My state is one of the states that fully expunges a criminal record on the grant of a pardon. About 40% of the states do this; about 60% simply change the disposition on a criminal record sheet to the word "pardoned."

In the 1990s, I had been rehabilitated by the Canadians. I was admissible under Canadian law despite having what would otherwise have been deemed "serious criminality" under Section 36 of their Immigration and Refugees Protection Act.

Further, Canadian law recognizes foreign pardons as long as it comes from a comparable legal system and doesn't offend basic sensibilities. The basic sensibilities test came from a case where an individual who had a Pakistani pardoned of 600 counts of murder for blowing up an Air India jet tried to move to Canada. I say that only to put the test in context.

For the benefit of others, I have learned that Canada recognizes these set asides even where they operate automatically and without any individualized finding of rehabilitation. The classic example is British "spent convictions." The United States is not so generous.

I had my Nexus interview, brought a true copy of my pardon to the interview, and fully disclosed. The lead interviewer was the Canadian who used to be an auto theft specialist for the CBSA (looking for "tagged cars" being shipped into or out of Canada). We even exchanged some stale "shop talk." In the end, I was approved.

I never have had a problem clearing the US/Canadian borders. My first time coming in from Europe as Global Entry I got the red X and got sent to secondary. They let me in without any problems. A week later (apx), I got a call from an officer from the US CBP who was looking into the problems. They asked me to send them a PDF of the pardon. He updated a few records and I've had no problem ever since.

I am eligible for TSA Pre and was getting it for a long time. I haven't the last five times and have wondered whether my former record has gotten in the way. There really isn't a way of figuring that one out. I will post more on that point when I find out.