squeakr

One of my former co workers was arrested years ago for a serious crime in a case of mistaken identity. The charges were finally dropped. He was able to petition the court (In CA) for something that said the arrest never happened. From my understanding It's a step PAST expungement. He was able a couple of years ago to get GE (many years after the original case0 and it never came up.

TWA884

That appears to have been a factual finding of innocence pursuant to California Penal Code Section 851.8.

It is quite rare and has very different legal consequences from from dismissals and expungements of arrests and/or convictions where someone was not determined to be factually innocent.

porschegt4

Has anyone applied for their global entry before their 3year DUI probation? Is it advisable to apply before the probation period or after, or does it really matter?

TWA884

Please take a look at this thread:

Jason Le

Hi, did you put "yes" on the application?

Thanks

Randyk47

Should note that the poster you quoted posted their one and only post here over two years ago so I wouldn’t expect an answer. That said it appears the sharing, right or wrong, from local law enforcement has and continues to improve. Point is what might have not been reported or visible two years ago may be today. Since the question centers around being arrested and not necessarily being tried, charges dismissed, etc., then the right answer is “yes” and then being prepared to explain.

phanthony

Hello all,

Yesterday I scheduled my interview for GE 30 minutes prior to showing up. I have a prior arrest for a drug related charge that was dismissed. I went in to the office and they seemed a bit surprised and annoyed that I scheduled my interview the same day half an hour prior to showing up. Anyways, when the agent called my name up, he seemed a bit annoyed and tired from a long day and it seemed like since I scheduled my appointment so soon, they did not have time to prepare for my interview. So he started off asking a few questions about my age, residence, and then proceeded to ask if I have ever been arrested. I told I had about 10 years prior and he asked what it was for and I disclosed it was for a possession charge that was dismissed. He asked what year it happened and I told him roughly back in 2009-2010. Then he said, well, since you told me you had been arrested before, there is not much I can do without my supervisor. He will review your application and determine if you are eligible. You should receive notice within a month and after that I just walked out. This interview was about 5 minutes tops. I am afraid that I will not be approved based on that interview and do not know if there could've been something I should've done differently. If I am denied, will I be able to reapply? My arrest occurred in June 2010 and was dismissed in September 2010 so would even waiting at the 10 year mark matter? Looking for some guidance because I really want GE and would like to appeal my case because I felt I should've prepared better for that interview and felt my timing of placing the appointment for the interview was too soon.

TWA884

Take a look at this thread:

flyerCO

As long as it was dismissed you should be good. There are times when CBP officer must send it onward instead of giving instant approval. CBP just got hit by an IG report for not following procedures to ensure high risk persons from joining. Thus we should expect more of this.

BTW, there's no preparing for the interview. At most agent was upset he got called away from coffee break.

Often1

For the benefit of others, in the event that you do have a prior arrest, whether it resulted in a conviction, a dismissal, or some form of expungement, it is best to have the exact facts and a copy (attested or certified as it may be) of the paperwork. No need to produce it, but if asked, you should be able to provide the exact date of the offense and the disposition. If asked about the disposition, it may well be that CBP does not have direct and easy access to the disposition. Thus, having an attested copy of the paperwork ready to go if asked about it, can mean faster approval (or denial).

phanthony

I just received a response on the TTP website and it says I was denied. This is the reason for denial.

"We regret to inform you that your membership in Global Entry and ABTC has been disapproved for the following reason(s):

You have been convicted and/or arrested for a criminal offense

Multiple arrests and convictions.

If you believe the decision was based upon inaccurate or incomplete information, you may be eligible to request reconsideration through the Trusted Traveler Program application website:.

Reconsideration Requests and attachments to the Ombudsman should be in English and must include the following details:

1. Date of denial and denial reason(s) from this letter
2. Summary of information to further clarify a record or explain an incident or arrest;
3. Court disposition documentation in PDF format for all arrests or convictions, even if expunged; and/or
4. Other supporting documentation you feel may influence the Ombudsman's decision. Supported formats: PDF, DOCX, DOC, PNG, JPEG, and GIF.

The review by the Ombudsman will be based on the information provided by you and should include any information to further clarify a record, explain an incident or arrest, or show the disposition of criminal charges. Please remember that the following circumstances may make you ineligible for participation:

1. Providing false or incomplete information on the application;
2. Convictions for any criminal offense or pending criminal charges to include outstanding warrants;
3. Violations of any customs, immigration, or agriculture regulations or laws in any country;
4. Inadmissibility to the United States under immigration laws;
5. Receipt of a criminal pardon from any country; or
6. Other circumstances that indicate to CBP that you have not qualified as "low risk."

Sincerely,


Supervisor, Global Entry Enrollment Center
U.S. Customs and Border Protection
"

I am able to see 2 options. Request Reconsideration and Reapply. What would be the best course of action in order to be reconsidered? How should I address this?

squeakr

Do you have
"Multiple arrests and convictions?"

If not I would definitely use that data point in any appeal.

Dubai Stu

As a lawyer, I always recommend that you obtain a full copy of your criminal file before sealing or expunging the same. There are still places in life where you might need to disclose it or argue why the offense shouldn’t count. If you don’t have the file, you can be in a worse place. For example, for US immigration purposes these offenses do count and you have the burden of proof. If you don’t have the file, you can’t carry the burden of proof and you lose. Same problem on bar admissions. It is counterintuitive, but I’ve run into this conundrum more than once. I’ve also seen legal bills where far more is charged getting access to a sealed file in another jurisdiction than actually applying for the waiver or arguing why the offense doesn’t count.

giamats

Hello,
I can't find a specific thread for NEXUS with arrests (I'm going to err on the side of caution and say that I'm just having trouble locating it). If there is one, I'm happy to redirect elsewhere.

Scenario: I was t-boned by a drunk woman at the end of May 2019 while heading home from the bar. It had been almost 2 hours since my last beer, and I had only had one. She tried to beat the light and hit my car when I proceeded while it was green for me. My car spun and rolled onto its side (I was fine, just a bit shaken).

They did a field sobriety test and I passed. The woman who hit me refused to do a breath test. They wanted to do one on me, but since she refused, I also refused because SHE HIT ME. So we were both arrested. I was only there for about an hour before I went home. I live in Washington state, which treats a refusal to test as a mandatory minimum situation, so my license was administratively suspended and I was looking down the barrel end of a potential DUI. **NOTE: I KNOW I could have just taken the test to prove I was sober. It was 3am and I had just had a bunch of strangers help me climb out of my over-turned car and run away from it for fear that it might ignite. And this CLEARLY drunk woman was refusing, I wasn't in the best state of mind and was HIGHLY pissed bc I have never even so much as spoken to a cop for longer than 30 seconds in line at a coffee shop and suddenly there were 20 of them around me, so do not respond to ask me why I refused.

Well it didn't happen! Some back-and-forth over about 7 months, with my lawyer obtaining all sorts evidence and in December, the CITY's attorney motioned to dismiss the case entirely (looking at the paperwork in bewilderment as to why it even got that far), with the judge seconding that I should have never even been arrested. Totally unrelated: The woman who hit me ended up throwing a tantrum at the station and they forced her to not only do a breath test but also a drug test - she tested positive/over the limit for both, and ended up staying in jail for several days.

So, the whole situation was thrown out. License is back. The arrest record will still stay there as I work on having the amendment of the record approved. HOWEVER: That will take me months to do. I have to get a motion to amend the record from the court, which the earliest I can see a judge is may due to staffing issues and this not being a speedy-trail type situation. Once that's approved, it's sent to the police department (the dismissal took TWO weeks to get there last time), and only then will the entire arrest be struck by the state and Feds, which will then take another couple of months (probably up to 30 for state then 30 for Feds).

****Sorry this is so long****

My NEXUS expired November 2019. I didn't event attempt to renew it then because I was in the middle of all of this court stuff, having no idea what the outcome would be. Now that it's wrapped up, I submitted my renewal paperwork. It'll likely take months to go moved forward, which is okay.

QUESTION: I have a notarized copy of the dismissal. I have a copy of my police report. Do you think this will cause a problem with my renewal approval? I didn't want to wait until I could get the arrest record stricken because that will take MONTHS and I know the wait times for approvals are also taking months currently. I can only imagine that I will of course have to explain the situation at an interview and am very prepared to do so, I just want to make sure I'm not flat-out denied because of it, given that it recently happened.

Again: This is for NEXUS, not just GE. Also: The NEXUS app did not have a place for me to answer and arrest question - only a conviction question.

Any info/experiences you all have will be helpful either way. I relied heavily on this site when I originally applied years ago (I have no other issues with the law or anything beyond this series of unfortunate events, I am just paranoid lol). Thank you!

chipset

You may want to have a ton of documentation. Simply put, Canada treats drunk driving as a major offense and can (and does) refuse entry to people based upon a drunk driving conviction. That being said, you weren't convicted and only arrested. That's a big plus. But be prepared to present your case as Canada is pretty strict on it.

I don't have any personal experience with Nexus, but just my initial thought on it.