Often1

Anybody who tells you that you may make a false statement on a federal form or to a federal employee is giving bad advice. That is a felony. Not that you will be prosecuted necessarily, but it is not the sort of risk smart people take.

Because some clerical person told you they had no record, does not mean that there is no record and that such a record did not find its way into a database which CBP accesses. Therefore, you must presume that CBP will know and if you answer "no" that, at a minimum, your GE application will be denied.

You need to answer the question truthfully and be prepared to explain the circumstances. It is possible that CBP will require you to track down the paperwork showing a final disposition (or it is possible that CBP already knows it). One thing is certain, lying about it is the worst possible thing.

If CBP requires you to track down paperwork, you will have the chance to do so.

Oliver11

I was not saying that I am not going to say yes on the form. What I was asking was do both incidents need to be reported? and Is there any other way I can go about getting that documentation? I did not look at the form online yet. I glanced and saw that it asked about being arrested. I did not specifically see how it was worded or which sort of offenses needed to be reported. When I asked my husband, he said it just asked if you were arrested. I was 'arrested' the first time. I don't think we were finger printed or anything. It was a small police station and they just had us sit in the room with them until our parents came. The second time I was written up. We went to the magistrate from my recollection and paid a fine. I did not lose my license, and I don't recall doing any classes.

It was also not just a clerical person that I asked at the magistrates office. I called the police department and a friend asked her father who is an attorney. I printed out the form that I got online and was prepared to discuss it further should there be a problem. If I remember correctly, I do not think either fell into a category of concern for the license or was out of the time constraints. I was just trying to be thorough and prepared to be sure.

For Global Entry, I was concerned that they do fall into the category of needing to be reported. I was unsure if both needed reported. I was curious if anyone had any other suggestions for how I could obtain such information so that I can be prepared. I was also curious if these could prevent me from being approved even though they were 20 years ago.

TWA884

Welcome to FlyerTalk @Oliver11!

I've merged your question into the relevant thread.

You may also want to check out the following thread:
TWA884
Travel Safety/Security co-moderator

texasjoe

So here's my story. More than 5 years ago I applied for GE and was denied. I was arrested in the early 1980's held for almost 10 hours, never charged with anything and subsequently released. A few years later I filed for expunction in Texas and it was granted. In Texas, you are only eligible for expunction when you were either found not guilty at trial or were never prosecuted. When your records are expunged they're completely destroyed and they send a copy of the order to the feds. So in Texas when they expunge records, from the state's perspective, it never happened. Here's what Texas law says:

"EFFECT OF EXPUNCTION. When the order of expunction is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited; (2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and (3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged."

So I told the interviewer (way back then) that the State of Texas said I've never been arrested. They denied me. I appealed to the ombudsman and was still denied.

Fast forward to this year. I reapplied several weeks ago. This time I noted the expunction. I'm still waiting on conditional approval. My lawyer tells me I'm not alone and that there are many people that, for reasons apparently known only to CBP, this kind of thing happens to. When others hear my story, I'm always asked if there's more to it--am I an axe murderer or something. I tell them: well there was a speeding ticket I got back in 1979 but I appealed it and it got dismissed

So I don't know. We'll wait to see what happens this time and I'll report back.

TWA884

I just applied to renew my Global Entry. The request for arrest information is very specific:

Eric310

mauve

I can't recall exactly what questions are on the Global Entry application. When they ask about convictions, do they except all infractions or just traffic-related? Regardless, this isn't likely to be disqualifying.

However, I wouldn't try to cover anything up -- assume they already know the details of your history and answer as honestly as you can.

TWA884

Welcome to FlyerTalk @Eric310!

I just renewed my GE and kept of copy of the application.

The exact questions are:

I don't know where you were written up for possessing marijuana and whether in that jurisdiction the offense for which you were cited was a misdemeanor or an infraction at that time.

Your court case will show up in a criminal background check, even though you pleaded guilty to a charge of disturbing of the peace as an infraction (common plea bargain). The so-called optional question is not really optional. The reviewing and interviewing CBP officers will have that information. You don't want to caught hiding it or lying about it. Part of being a "Trusted Traveler" is being honest and truthful.

redline380

Figured I'd share my experience. Pled guilty to misdemeanor DWI at the age of 21 in January 2011 in Minnesota.

Applied in Minnesota to GE in July 2018.

Conditional approval took over a week. I fully disclosed the incident

Stopped in for the interview today at MSP, figuring it would be a waste of time. Got to the sign in check point, saw an officer outside. Asked if I had an appointment, I answered yes. He said come right in.

He asked for my passport and drivers' license, nothing else.

"Why do you want GE?" "Well, it came with a credit card. I don't fly internationally often, maybe once a year, but the wife and I got snagged up in Atlanta in June coming back from PTP. Figured it was worth the rebate."

He basically goes from there and explains the program, basically assuming I will be accepted. I can see him click through some pages.

"Anything else on your record beside the 2011 DWI?" "No. Well, some petty misdemeanor stuff. Speeding tickets or whatever." He nods his head.

"Anything else you would have been finger printed for?" (Thinking he probably means being booked into jail) "Absolutely nothing like that." "Well, I did go to law school and went through the bar admission process, so I was heavily scrutinized for that. But nothing beyond that." (I came from the office, so I was in a suit and tie. Doubt that did anything though.)

"Okay well we are going to take your picture and run your prints. If nothing else comes back, you'll get an email in a day."

Approval email came 1 hour later. Maybe I just got this guy on a good day. He wasn't happy, or sad, just there. Although I did see a hint of a smile once.

Nothing on my record since the DWI he cared about. A speeding and seat belt ticket since then, nothing else. Figured I share my experience since I relied so much on threads like this. If you have a rebate through a card, it may not be a waste of time after all.

wallop

FriendlySkies

I'd consider contacting the CBP Ombudsman to see if they could help. That, and an attorney, might be useful.

wallop

JonNYC

What does this post mean?

And, was it supposed to be in response to this post (with which I agree, especially if you're even remotely serious about "quitting your job" over the situation)?

wallop

Sorry for my blunt reply?

Previous poster mentioned I should apply to the Ombudsman, I was asking if this was The Traveler Redress Inquiry Program?

As I understand the CBP Ombudsman is a totally different organisation and I'll write to them today.

I cannot believe the flag has been put back onto my Visa. Its a little unfair if you ask me

squeakr