Applying/Renewing Global Entry w/ Dismissed/Expunged Arrests/Charges/Convictions
Aug 1, 2019, 10:14 pm
#301
Join Date: Feb 2017
Location: one big Port of Entry...
Programs: CBP
Posts: 141
I have received my records from the local PD which had the warrant for arrest as well as the records from the courthouse which shows: a nolle prosequi on prosecution's motion
I will put on my new GE application that there was a warrant for my arrest, i went to the local PD to turn myself in and later the charge was dismissed
When having the GE interview should i bring only the paperwork from the courthouse showing or the police report as well? I figured keeping things simple is best and i should just bring the dismissal paperwork
There was a summons in 2008 but it is not shown on the FBI records that i got, is that worth mentioning on my application?
I will put on my new GE application that there was a warrant for my arrest, i went to the local PD to turn myself in and later the charge was dismissed
When having the GE interview should i bring only the paperwork from the courthouse showing or the police report as well? I figured keeping things simple is best and i should just bring the dismissal paperwork
There was a summons in 2008 but it is not shown on the FBI records that i got, is that worth mentioning on my application?
Bring it all. You didn't say when this arrest/warrant was issued. Any arrest, even if dismissed, gets you a FBI #, and that shows up in the background check. If you can show the dismissal paperwork, fantastic. Makes our job easier.
I applied for GE on July 2nd since I dont really go out of the country all that much. So it was more for TSA precheck. I have not received CA yet. Just seeking advise to get the ball rolling.
I have an arrest for driving in a suspended license I plead guilty on this and it was 17 years ago. It is a misdemeanor in the state of florida. I know this is the only thing on my ncic as I requested it from my employer to verify for accuracy. The only problem it doesnt say the deposition or level. Do I need to get the certified court document that says it's a misdemeanor of the second? Also I know of a reckless driving which is also a misdemeanor that I was convicted of that was not listed on my ncic.
I have an arrest for driving in a suspended license I plead guilty on this and it was 17 years ago. It is a misdemeanor in the state of florida. I know this is the only thing on my ncic as I requested it from my employer to verify for accuracy. The only problem it doesnt say the deposition or level. Do I need to get the certified court document that says it's a misdemeanor of the second? Also I know of a reckless driving which is also a misdemeanor that I was convicted of that was not listed on my ncic.
Likely our background check will show "Charged with xyz (misdemeanor), no disposition" Then the guy doing the background check will put a note in your file that says something like "request court paperwork to verify disposition."
It all comes down to the "convicted or not" rule that we have.
Aug 7, 2019, 12:05 am
#304
Join Date: Apr 2019
Posts: 25
@maninblack
Hello and thank you for taking the time to answer questions on here. I have been hoping to get feeback from an actual CBP officer for some time. Couple questions. 1. Have you read my recount of my "journey" to obtaining NEXUS approval? 2. If so, can you offer any feedback relevant to my interpretation? Ideally, I would like to correct any misleading, confusing or plain wrong assertions or assumptions I made in the post. Thanks.
Hello and thank you for taking the time to answer questions on here. I have been hoping to get feeback from an actual CBP officer for some time. Couple questions. 1. Have you read my recount of my "journey" to obtaining NEXUS approval? 2. If so, can you offer any feedback relevant to my interpretation? Ideally, I would like to correct any misleading, confusing or plain wrong assertions or assumptions I made in the post. Thanks.
Sep 4, 2019, 3:54 pm
#305
Join Date: Sep 2019
Posts: 2
So ive been reading that the majority of people have gotten their wet wreckless/dui expunged or dismissed for GE approval. But how about the people that havent gotten it dismissed or expunged? Don't know a whole lot about laws but and such but heres my story: Got a DUI that ultimately got down to a wet wet wreckless with a lawyer in 2008 in california, Did the schooling and paid all the fines. My record had been clean since. Do i still need to apply for dismissmal/expunge on that case? or am i ok with going into the GE interview and bringing all the documents i have? its been about 11 years so im hoping they approve me. I already did the GE application and paid the 100 and said "yes" to the crime question so pending approval there as well.
questions recap: 1.do i need to apply for dismissal expungement for my wet wreckless?
2. do i need to get official documents that are stamped by court for that case or can i use my old documents i kept?
questions recap: 1.do i need to apply for dismissal expungement for my wet wreckless?
2. do i need to get official documents that are stamped by court for that case or can i use my old documents i kept?
Sep 4, 2019, 5:47 pm
#306
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 20,617
Hello @pogiboy67,
Welcome to FlyerTalk.
Take a look at this post of mine from January 2017:
Exactly! A "Wet Reckless" is strictly a plea bargaining tool. Something is missing from the OP's rendition of his criminal history. My educated guess, as a lawyer with extensive criminal law experience, is that initially he pleaded guilty or nolo contendere to the reduced charge of 23103.5 VC. At the end of the three years probationary period, the guilty or nolo contendere plea was withdrawn, a plea of not guilty was entered and the record of the conviction was expunged.
Here is more information on expungements in California, courtesy of the Los Angeles County Public Defender:
Welcome to FlyerTalk.
Take a look at this post of mine from January 2017:
For those like me, do not know what is a "wet reckless".
A California "wet reckless" is a very common charge reduction from a charge of California DUI (either VC 23152(a) driving under the influence or VC 23152(b) driving with a BAC of 0.08 or higher). A California wet reckless under Vehicle Code 23103.5 VC is unique because it's not a charge for which you can be arrested.
A California "wet reckless" is a very common charge reduction from a charge of California DUI (either VC 23152(a) driving under the influence or VC 23152(b) driving with a BAC of 0.08 or higher). A California wet reckless under Vehicle Code 23103.5 VC is unique because it's not a charge for which you can be arrested.
Here is more information on expungements in California, courtesy of the Los Angeles County Public Defender:
What are the effects of expungement under PC1203.4/1203.4a?
It Will:
It Will Not:
- Result in a new entry in the court record showing the dismissal of the case;
- Allow you to answer on many, but not all, job applications that you have not been convicted. If, however, you are applying for a government job or a job which requires a government-issued license, certificate, or permit, or a job which involves a security clearance, the conviction will be discovered; in such cases, you should disclose the initial conviction and its later expungement;
- Prevent use of the conviction to impeach you if you testify as a witness, unless you are being tried for a subsequent offense.
- If the conviction was for a felony, expungement is the first step in obtaining a pardon.
It Will Not:
- Remove the conviction from your "Rap Sheet" - California and FBI criminal history records will still show the conviction and the later dismissal "per PC 1203.4";
- Reinstate the right to possess firearms,if it was taken away (reduction to a misdemeanor may accomplish this if the offense is not one of violence;)
- Remove the requirement to register as a sex offender per PC290. If the expungement is granted, registrants must then complete and file paperwork requesting a Certificate of Rehabilitation, when eligible. A Certificate of Rehabilitation will relieve specified sex offenders from further registration. This is true for both felony and misdemeanor convictions.
- Allow you to omit the conviction from applications for government issued licenses;
- Seal or otherwise remove the court case file from public inspection - anyone who knows where to look will be able to find the court case file (probation reports are in confidential files and are not subject to public inspection 90 days after sentencing;)
- Prevent the conviction from being used as a "prior" or "strike prior" to increase punishment on a subsequent conviction;
- Prevent the conviction from being used for impeachment purposes on a subsequent offense;
- Prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as real estate sales licenses, teaching credentials, bus drivers licenses, security guard certificates, etc.; however, the expungement may reduce the weight given the conviction by the licensing agency.
- Prevent the conviction from being used by INS for removal and exclusion purposes.
Sep 4, 2019, 6:49 pm
#308
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 20,617
Sep 4, 2019, 6:56 pm
#309
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
The issue time and again is that the available records maintained by federal and local databases, do not indicate a disposition. It is the "open" disposition which causes problems.
It may well be that the disposition does show "dismissed" but that it was not transmitted to the state's criminal history agency, that it was transmitted under the wrong name, or that it is simply lost.
Before doing anything, go to the court where you were convicted and look at the records. If the docket entries show a dismissal, get yourself several attested / certified copies of the docket sheet. Those come in handy not only for GE, but for all kinds of jobs which may require a security clearance or which may involve handling large amounts of money.
The fun starts when the dismissal is not reflected in the docket. You may not need a lawyer to get the dismissal entered and it is unlikely to harm your cause to try on your own.
It may well be that the disposition does show "dismissed" but that it was not transmitted to the state's criminal history agency, that it was transmitted under the wrong name, or that it is simply lost.
Before doing anything, go to the court where you were convicted and look at the records. If the docket entries show a dismissal, get yourself several attested / certified copies of the docket sheet. Those come in handy not only for GE, but for all kinds of jobs which may require a security clearance or which may involve handling large amounts of money.
The fun starts when the dismissal is not reflected in the docket. You may not need a lawyer to get the dismissal entered and it is unlikely to harm your cause to try on your own.
Sep 5, 2019, 9:42 am
#310
Join Date: Mar 2007
Location: SFO
Posts: 312
https://www.courts.ca.gov/1070.htm
Sep 5, 2019, 10:11 am
#311
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 20,617
In Los Angeles County, where I have been practicing for years, public defender paralegals help just about anyone who asks determine their eligibility for expungement and fill out the application. Most of the offices are in the courthouses where the clerk's offices are located. Worse case scenario, they'll tell @pogiboy67 that they can't help him, but @pogiboy67 can pick up the necessary forms from the clerk's office while there.
Oct 6, 2019, 12:44 am
#312
Join Date: Mar 2017
Posts: 108
It happened in VA and i now live in CA
Is it worth hiring an attorney to have the records expunged if its already dismissed? My understanding is it will still show the records to CBP
Oct 6, 2019, 1:46 am
#313
FlyerTalk Evangelist
Join Date: Sep 2003
Location: San Antonio
Programs: DL DM, Former AA EXP now AY Plat, AC 75K, NW Plat, Former CO Gold, Hilton Diamond, Marriott Titanium
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Yes, even if expunged it will show up to CBP. Expungement doesn't mean the action didn't occur. It simply means the state treats it as such in the eyes of the state. The federal government cant be bound by state law to treat it like that. Only reason other states can be bound is the full faith and credit clause. This binds other states, not the federal government.
Oct 7, 2019, 10:00 pm
#314
Join Date: Mar 2017
Posts: 108
Yes, even if expunged it will show up to CBP. Expungement doesn't mean the action didn't occur. It simply means the state treats it as such in the eyes of the state. The federal government cant be bound by state law to treat it like that. Only reason other states can be bound is the full faith and credit clause. This binds other states, not the federal government.
Oct 7, 2019, 11:43 pm
#315
FlyerTalk Evangelist
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