Global Entry Program | Disqualification Issues
 

Have a perfectly clean background. Work for major companies, have no criminal convictions or anything like that...

However, earlier this year I was wrongfully arrested by the LAPD on a drug possession charge. So wrongfully, in fact, that the presiding judge issued a very rare Declaration of Innocence (the highest possible order that is meant to resolve any doubt someone is guilty). He then ordered the LAPD to seal and ultimately "obliterate" (his word) any records of the arrest and to also notify DOJ, FBI, etc and have them do the same.

Wondering if anyone thinks this will be a problem in my GE application? Will there still be a stigma? Or do they tend to be somewhat forgiving when such things are resolved so favorably? Can even bring such the court order to the LAPD to the interview.

Appreciate any advice.

Remains to be seen. In theory, if everything is sealed, it should not show up. But, who knows.

It's most certainly not a conviction and that's what's asked on the application.

But, in the interview, the CBP Officer may well ask about arrests. Key is to be honest and not too cute. Bring an attested copy of the Order with you and provide it if you are asked.

Remember, you don't know what the Officer does and doesn't know. Most of what he is asking is to determine whether you are telling the truth, not because he needs the information.

They are likely to ask you if you have ever been arrested. BE HONEST. They will have everything in the computer. (yes, even if the record has been expunged)

I have a felony arrest record and and hold GE. Be honest and don't worry. They interview people who were arrested all the time.

The key to the kingdom is a piece of paper that shows that the charges have a final disposition that wasn't a finding against you. It certainly seems like you have that, and more.

agree
 

Get a Lawyer
 

Depending on how much you really want GE, I would suggest hiring a lawyer to write a document explaining the dismissal of charges, and the meaning of the particular judgement in your case. I would either submit this letter with your application, or bring it along to your interview.

I have seen these types of letters in various settings, and it can only help you in presenting your case to the CPB.

Good Luck!

There is no need for a letter from an attorney. It is sufficient for the OP to cite California Penal Code Section 851.8.

There is actually no NEED to do anything. However, if our poster wants to increase the probabity of a favorable outcome, having an officer of the court (an attorney or even a court officer) provide a written explainatioin of the situation increases the odds.

I provided that advice as an attorney with extensive criminal law experience in California courts. If I were to charge someone hundreds of dollars to write such a letter, I'd do nothing more than refer to the statute. In my opinion, that is a total waste of the client's money and I would so advise anyone coming to me asking for help in a similar situation.

A court officer will not provide an explanation. It is improper for them to do so.

I have been an end user of this kind of information (Not in TSA or CBP), and I know that a letter from an attorney gets much more attention than an applicant pushing some paper and making some claims. YMMV.

This.

I have a couple youthful indiscretions, one of which a felony conviction almost 20 years ago. I later had it dismissed by the court. On my GE app I listed the conviction and final disposition. During my interview, the officer asked if I had any court paperwork confirming the dismissal. I provided him a copy and that was that. I received my approval email about three hours later.

tl;dr -- transparency is key.

Fascinating. As I mention in another thread, my husband and I were both rejected for GE last year, and the ombudsman's office refused to explain why. Neither of us has ever even been pulled over for speeding! Nothing. Nada.

It's not a huge deal; what I really wanted was TSA Pre-Check, and I was quickly accepted for that when it became a standalone program. Still, the rejection rankles, since I've never run afoul of the law.

Just an update on this for anyone who might be going through this... All they need is a minute order from the court showing the charge was dismissed. End of story. In my case, the Declaration of Innocence helped, but I wouldn't have needed it.

Jealous! I need to stop obsessing over why my husband and I were rejected -- either that or file the damn FOIA request. Maybe I'll try for GE again next year, if it turns out I'm flying internationally for work in my new job after all.