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

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

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Old Mar 18, 2020, 8:59 am
  #346  
 
Join Date: Feb 2017
Location: one big Port of Entry...
Programs: CBP
Posts: 141
scanned through the last couple pages and have a few things to note from my side of the desk....

-expunged doesn't mean much for us. A conviction is what we're looking for. Sometimes the background check will reveal a conviction, sometimes it won't. When it doesn't, and we know of the arrest, that's when we request court documents. No documents, no approval, typically

-loads of people are conditionally approved with multiple misdemeanors, or felony charges. To a reason still not clear to me, they will be conditionally approved, with a recommendation to fail from our HQ. So we have to be the bearer of bad news

-in my experience, having a criminal record of any kind doesn't result in a longer wait time to clear your background. I have had multiple people as of late that were approved within a week (!!!), who also had misdemeanors. To me, it's truly random. We have some people getting CA within day, while their spouse of 30 years waits nearly a year. Pilots and flight attendants up for renewal, taking 9 months, while new applicants get it within 2 days.

-if you interview a week before your birthday, ask the Officer to approve your application later on, so you can effectively get another year out of the membership
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maninblack is offline  
Old Mar 18, 2020, 12:24 pm
  #347  
 
Join Date: Jul 2003
Location: SFO
Programs: COdbaUA Platinum 2MM
Posts: 5,532
Originally Posted by maninblack
-if you interview a week before your birthday, ask the Officer to approve your application later on, so you can effectively get another year out of the membership
Thank you for your great insight!

Great suggestion. Same officer may forget to approve it later on. When possible, it is best to schedule ones interview a day after his/her birthday.
1KChinito is offline  
Old Apr 3, 2020, 4:47 pm
  #348  
 
Join Date: Mar 2017
Posts: 108
Any info on getting in touch with CBP Ombuds, i filed a FOIA and was told to send a letter to:

U.S. Customs and Border Protection
PO Box 946
Williston, VT 05495
Attention: CBP Ombudsman

I did that and the mail was returned and apparently it has happened to a lawyer as well from this link
https://johnmanley.net/what-happened...iling-address/

I have been trying to learn why i was denied, after contacting Ombuds through CBP portal, after multiple FOIAs, appeals, etc; they refuse to tell me

Ombuds through portal told me to file FOIA to learn of the denial reason, FOIA told me to contact Ombuds via mail, which i did but that address does not work
AceM is offline  
Old Apr 21, 2020, 6:06 pm
  #349  
 
Join Date: Apr 2019
Posts: 25
Do not bother with snailmail. I created my FOIA request using this link: https://foiaonline.gov/foiaonline/action/public/home

It is much faster and really the only way to go. Make sure to be as specific as possible in your request.
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Old Apr 22, 2020, 1:56 am
  #350  
 
Join Date: Mar 2017
Posts: 108
That is the site that i used and they told me to use that snail mail address to get the information i requested
AceM is offline  
Old Apr 22, 2020, 9:32 am
  #351  
 
Join Date: Apr 2019
Posts: 25
That is very strange. I would still file a FOIA request using that webpage first. That is what I did and it worked for me. I received a response containing the records I was after.

As for why you were rejected, did the denial letter state the reason for denial? Also, have you pulled an FBI (NCIC) report on yourself to see what's in your background?

Last edited by drknebula; Apr 23, 2020 at 4:46 pm
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Old Jul 7, 2020, 10:44 pm
  #352  
 
Join Date: Jul 2020
Posts: 2
.....

Last edited by Kjimcali; Sep 15, 2020 at 5:16 am Reason: Deleting - I made a mistake in my username and wish to delete my posts and then my profile so I may create a new one
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Old Jul 9, 2020, 6:16 am
  #353  
 
Join Date: Nov 2009
Programs: DL PM 1MM
Posts: 3,439
Originally Posted by Kjimcali
I applied for Global Entry for the first time in January. It’s still pending review. I have no criminal record other than being charged with domestic assault (horrible roommate) and charges were dropped when his story didn’t add up. I listed that on the GE application. I’m a black Muslim male from Africa and I always get selected for extra screening when flying or crossing the border. I’m hoping GE will help save me this undue embarrassment I’m subjected to. I understand they’ve halted processing in mid April but is there a reason I shouldn’t have gotten conditional approval between January and April? I’m also treated like a criminal when I cross the San Ysidro border, so much so that I raised a stink a few times. Would my objections to their abusive behavior somehow affect my application?
From this thread
https://www.flyertalk.com/forum/trus...ens-lpr-s.html
it is not at all unusual for new GE applications to take nine months to process. I wouldn't assume anything about your history has anything to do with your GE application delay - long delays are completely normal at this point. If you receive an adverse response (after nine months) then you have a reason to be concerned. At this point however, your application is just being delayed like many other applications are - completely normal.
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Old Jul 9, 2020, 8:02 am
  #354  
 
Join Date: Jul 2020
Posts: 2
.....

Last edited by Kjimcali; Sep 15, 2020 at 5:15 am Reason: Deleting - I made a mistake in my username and I wish to delete my posts associated with this username and then the username, whereupon I’ll create another one
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Old Sep 6, 2020, 3:06 pm
  #355  
 
Join Date: Mar 2017
Posts: 108
This is my 2nd time applying for global entry, i was denied in 2019 and i was not told why only that I DO NOT QUALIFY and ombuds didnt help. This group suggested i get my FBI records to check if i had anything on it.

I got my FBI report which had a misdemeanor arrest on 08/06/10 and this line item, 09/21/10 NOLLE PROSSED CCN which apparently means it was dismissed. I then contacted the courts and police station of that county. The courts sent me a WARRANT OF ARREST paper that listed the charge of intentional damage of house window. Also included in the paperwork from the courts was a SUMMONS from 02/27/08 for assault which was a sibling fight also a misdemeanor and also dismissed, but this particular charge was not listed on the FBI records.

The police station sent me both incident reports which described everything in detail. So i have the fbi report, police incident reports as well as the court summons and warrants.

When i go to my interview, should i bring the fbi report and only the court warrant document for the incident that was listed on the fbi report or should i also bring the summons document from 2008?
Should i bring the detailed police incident reports?

When i applied for global entry i think i only listed the 2010 incident and not the 2008 incident since it was not on my fbi record. I am not sure if i should mention it if they ask me at the interview since it wasnt on the fbi record.
AceM is offline  
Old Sep 6, 2020, 4:43 pm
  #356  
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
 
Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 20,603
Originally Posted by AceM
When i applied for global entry i think i only listed the 2010 incident and not the 2008 incident since it was not on my fbi record. I am not sure if i should mention it if they ask me at the interview since it wasnt on the fbi record.
Look at it this way, Global Entry is a "Trusted" Travelers program. That means that the CBP trusts you with performing your own immigration and customs inspections and abiding by the rules. If you hide information which they deem to be relevant for the application approval process, will they still deem you to be trustworthy to conduct your own border inspections when entering the country?
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TWA884 is offline  
Old Sep 6, 2020, 7:43 pm
  #357  
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The fact that the FBI's report did not contain a reference to the earlier incident does not mean, as you yourself know, that records of it do not exist. CBP checks a lot more than national records. If you omitted something, that was a false statement and an easy ground for denial even though, had you told the truth, the facts would not have disqualified you.

Two basic principles for your next go at this:

1. Tell the truth. Don't try to rationalize your way around it.
2. Make certain that for every arrest, there is a disposition. That could be a conviction, a dismissal or something else. From what you have reported, it appears that one or both of the incidents lack final dispositions. Get those in order before going back at this.

Yes, you should have copies of everything with you. If you are asked, have them ready to go.
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Often1 is offline  
Old Sep 7, 2020, 2:48 pm
  #358  
 
Join Date: Mar 2017
Posts: 108
The incident with the summons i didnt recall being actually arrested for that so i did not provide that information. Anyways i will disclose all information at the interview.

Both the summons and the warrant say on the 2nd page that they were dismissed. Both say this.
AceM is offline  
Old Sep 7, 2020, 3:40 pm
  #359  
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Summons or arrest? For purposes of CBP it's the same thing. Willing to bet that this was what caused your denial in Round 1.

Looks to me as though you have a final disposition for both. Make sure that you have certified / attested copies of the dismissal (nolle prosequi) for each item. May cost you a few bucks, but you want a piece of paper with the court's seal on it (or equivalent).
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Often1 is offline  
Old Sep 8, 2020, 7:02 pm
  #360  
 
Join Date: Mar 2017
Posts: 108
Originally Posted by Often1
Summons or arrest? For purposes of CBP it's the same thing. Willing to bet that this was what caused your denial in Round 1.

Looks to me as though you have a final disposition for both. Make sure that you have certified / attested copies of the dismissal (nolle prosequi) for each item. May cost you a few bucks, but you want a piece of paper with the court's seal on it (or equivalent).
I have a warrant for arrest in 2010 and a summons for 2008, i dont recall being arrested for the 2008 incident but it was so long ago, i cant really remember. But as you mentioned for CBP its the same thing. If that was the reason i was denied before, why wouldnt they just tell me that instead of saying YOU DONT QUALIFY?

I do have certified copies with the stamp and date on them from the court. The police reports were sent to me via email so no stamps on those.
AceM is offline  


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