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Applying/Renewing Global Entry w/ Dismissed/Expunged Arrests/Charges/Convictions

Applying/Renewing Global Entry w/ Dismissed/Expunged Arrests/Charges/Convictions

Old Jan 7, 2014, 8:00 pm
  #16  
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Some of it is discretionary, but you can appeal to the Ombudsman.

Either way, I highly recommend telling the whole truth. If the officer asks you "have you ever been arrested?" you should say "yes, but the charges were dropped and my record was expunged."

Be prepared to show paperwork.

Prepare yourself for the possibility of an on-the-spot denial by the officer interviewing you, though you can appeal later.


*Note: I am not an attorney and the above does not constitute legal advice.
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Old Jan 8, 2014, 9:18 am
  #17  
 
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Originally Posted by ndesq
Hi everyone,

Have my interview for GE on Monday and just realized that, despite a relatively squeaky-clean life, I may not be a shoo-in for approval. Once, 14 years ago when I was in college, I was arrested but the charges were immediately dropped and the record was expunged.

I realize I shouldn't split hairs over the "expunged" part and should be forthcoming in my GE interview, but does anyone know whether this puts me at real risk for being denied? I would hope, given that the charges were dropped at the arraignment and the underlying arrest was for a silly college fight (which I didn't start, nor did I particularly willingly involve myself in, but police arrested all involved), that this would not be an issue, but I am reading very mixed reports on here. Is there a standard applied, or is this discretionary and up to each officer? Am I at the mercy of whichever CBP officer interviews me?

Any advice well appreciated! Thanks.
I was in the same situation. Admit to everything in the interview - they will probably ask you if you have ever been arrested (which is different language than what is used on the application form). Also - have paperwork showing your dismissal. You shouldn't have a problem.

In my case, the background search didn't show any resolution so I had to get paperwork and fax it in to GE office after the interview. They approved me as soon as they saw that my offense had in fact been dismissed.
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Old Jan 8, 2014, 9:42 am
  #18  
 
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Thanks for these responses. I feel a bit better about the situation, though to be honest I have no idea what paperwork I'd bring -- this was in 2000 and I'm not sure I received any paperwork, but hopefully the record will show that charges were dismissed and I should be in the clear. Yikes!

It definitely sounds like it pays to disclose everything, though, and err on the side of revealing too much rather than hiding something they probably know about anyway...
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Old Jan 8, 2014, 6:34 pm
  #19  
 
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I hold GE. I have a felony arrest record.

All I needed was to provide paperwork that showed that all the charges form my arrest were dropped without a finding of guilt. My interviewer could see everything I was charged with and that all the charges were dropped except one charge that was dropped at the preliminary hearing. (Apparently he didn't have access to records from that type of court in PA.) I had to go to the district court to get paperwork that showed the charge was dropped at the prelim - I received approval within a day of faxing that over to CBP. Without that paperwork I would not have been approved.

My advice: don't lie. If you were arrested, assume the interviewer knows. Even if you disclose something that isn't known by CBP, it is NOT a bar to approval as long as there was no finding of guilt. Since your charges were dropped and expunged, worst case scenario is that you have to contact the court to get paperwork to prove that to CBP.
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Old Jan 9, 2014, 1:28 pm
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Finally getting my boyfriend to apply, and we've been wondering about this. He was arrested in the mid-80s in Manhattan for marijuana. His recollection was that he spent the night in jail and was released by the judge the next day, with a dismissal. I think the odds are low that that type of record has made it into the computerized files today, but I can't remember if there is a question about whether you've been arrested. Can anyone advise? Should he volunteer this info?
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Old Jan 9, 2014, 1:34 pm
  #21  
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OP's question is a practical one and I don't think he's looking for a political commentary or he would have posted in OMNI.

Indeed most of the advice here is good. Listen very carefully to the questions, answer them truthfully and don't play games. You do get to explain, but you can't explain a false answer.

If you are denied for this, you have an appeal and you may ultimately obtain GE. If you lie and are denied for dishonesty, it isn't worth the bother to appeal.

Water under a bridge for OP, but in any dicey legal situation, it's critical to obtain court-certified (attested) copies of the court docket and any orders which accompany it. This stuff can haunt you years later and, when you've got copies, you don't have to rely on others.
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Old Jan 9, 2014, 4:39 pm
  #22  
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Don't be so sure.

Originally Posted by eeeee
Finally getting my boyfriend to apply, and we've been wondering about this. He was arrested in the mid-80s in Manhattan for marijuana. His recollection was that he spent the night in jail and was released by the judge the next day, with a dismissal. I think the odds are low that that type of record has made it into the computerized files today, but I can't remember if there is a question about whether you've been arrested. Can anyone advise? Should he volunteer this info?
Similar events from the 60's and 70' have appeared in GE interviews. As others have said, best to be honest if asked in the interview and have paperwork proving the dismissal.
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Old Jan 9, 2014, 6:26 pm
  #23  
 
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Old Jan 10, 2014, 4:57 am
  #24  
 
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Originally Posted by alexmt
It's not baseless, it's a true story ...

... it would be incredibly unreasonable for them to base Global Entry on arrest records alone. Furthermore, the Constitution guarantees everyone a right to a fair trial and to be presumed innocent until proven otherwise.
So one story about your friend (who was clearly mistreated) means what to this thread? For what it's worth, in my case the police had probable cause to make an arrest. Sort of - it was based on crap police work and that's why I came out the other side of the justice system without any finding or admission of guilt. (My favorite words in all of legal jargon: nolle prosequi.)

Nobody is denied GE based on arrests alone. In fact that's exactly what the informative posters in this thread are telling OP, myself included.

What CPB needs to know, once they've seen evidence of a past arrest, is whether or not one was adjudicated with a finding of guilt (or a plea of nolo contendre or other "guilty" equivalents). If CBP can't see that based on the information they have, the burden is on the applicant to prove they were never found guilty. In my case they saw that 5 of the 6 charges were dismissed but had no record of the 6th. One phone call on my part and I had the records I needed in hand for that last one.

On the other hand, if you lie during your interview the odds of a denial shoot right up since the whole program is about being declared a "Trusted Traveler" - kind of hard to expect CBP to trust someone that was discovered lying to the interviewing officer.
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Old Jan 10, 2014, 8:53 am
  #25  
 
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Originally Posted by pa3lsvt
So one story about your friend (who was clearly mistreated) means what to this thread? For what it's worth, in my case the police had probable cause to make an arrest. Sort of - it was based on crap police work and that's why I came out the other side of the justice system without any finding or admission of guilt. (My favorite words in all of legal jargon: nolle prosequi.)
It was an example of why it would be absolutely ridiculous if an arrest record DID deny Global Entry.
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Old Jan 10, 2014, 9:05 am
  #26  
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This isn't OMNI nor is it a full on discussion forum

Please confine comments to practical matters and leave general comments on police, law enforcement, etc. out of this discussion and this forum. thanks

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Old Jan 10, 2014, 10:07 am
  #27  
 
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Originally Posted by squeakr
Please confine comments to practical matters and leave general comments on police, law enforcement, etc. out of this discussion and this forum. thanks

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I'm sorry! OP, if they do give you any hassle it maybe worth it to contact the ACLU - they might be interested in taking on the denial of rights when you're guilty of nothing.
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Old Jan 10, 2014, 11:28 am
  #28  
 
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Isn't there anecdotal evidence of GE approving applicants with misdemeanor-convictions, as long as they're 10 years or more in the past?
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Old Mar 2, 2014, 7:17 am
  #29  
 
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I just went through a similar situation. Arrest was more than 10 years prior, system did not show that charges were dropped, was unable to obtain confirmation from any law enforcement, DA's office. Fortunately, we spoke with a lawyer at the time, who was nice enough to write a letter, confirming that the charges were dropped. CBP interviewing officer asked lots of questions, in the end "recommended me for GE".

Last edited by diver858; May 22, 2014 at 2:43 pm
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Old Mar 4, 2014, 12:48 am
  #30  
 
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Same situation happened for me. Was arrested, charges were dropped and the judge took the rare step of issuing a written order that found me "Factually Innocent." He then ordered for the sealing and obliteration of all records related to the incident. Further, he advised me that this order now gives me the right to legally answer "no," should I ever be asked if I've been arrested.

Since the aforementioned incident was so recent, I knew the records weren't fully sealed and would obviously show up. Therefore, I obviously brought it up at the interview. While my factual innocence finding is helpful in other many other circumstances, he made it very clear that it didn't matter one iota for them. All they care about is whether or not you were found guilty (or there was an admission of guilt on your part). Assuming you can prove the charge was dismissed or you were not guilty, they'll approve you.
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