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Old Jun 21, 2022, 9:50 pm
  #406  
 
Join Date: Jun 2022
Posts: 6
I was charged and convicted of several misdemeanors and a felony in Washington State (total of 4 separate cases). I had all of the Court cases expunged, and confirmed that the State Identification Bureau (Washington State Patrol) and the FBI had deleted all of the records (along with various other State & Federal Agencies). I spent months enforcing the expungement orders and I thought I had cleared all of the relevant databases. I actually spoke to an FBI Analyst at the end of 2021 who advised me to NOT disclose the expunged records on any federal forms, as they are completely expunged. I specifically asked about Global Entry as well.

I disclosed all 4 cases (listed them as "charged with") on my Global Entry application. Today at my interview the agent asked if I had been arrested. I referred him to my application and said I had been arrested for several charges/cases. When he asked if I had been convicted and what the severity of the cases were, I said everything was expunged and provided all of the expungement orders. Tonight my application was denied for: "You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions."

What databases did I miss? What are my next steps? I believe I can appeal to the Ombudsman and file a FOIA request? Does anyone have any other suggestions?
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Old Jun 22, 2022, 12:11 am
  #407  
 
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Originally Posted by AdventureA
I was charged and convicted of several misdemeanors and a felony in Washington State (total of 4 separate cases). I had all of the Court cases expunged, and confirmed that the State Identification Bureau (Washington State Patrol) and the FBI had deleted all of the records (along with various other State & Federal Agencies). I spent months enforcing the expungement orders and I thought I had cleared all of the relevant databases. I actually spoke to an FBI Analyst at the end of 2021 who advised me to NOT disclose the expunged records on any federal forms, as they are completely expunged. I specifically asked about Global Entry as well.

I disclosed all 4 cases (listed them as "charged with") on my Global Entry application. Today at my interview the agent asked if I had been arrested. I referred him to my application and said I had been arrested for several charges/cases. When he asked if I had been convicted and what the severity of the cases were, I said everything was expunged and provided all of the expungement orders. Tonight my application was denied for: "You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions."

What databases did I miss? What are my next steps? I believe I can appeal to the Ombudsman and file a FOIA request? Does anyone have any other suggestions?
From my experience with this issue, the only exception to denial is one misdemeanor conviction from over 10 years ago (regardless of expungement). They will not accept anyone with more than one misdemeanor or a single felony conviction regardless if those are expunged or not. Sad but true.
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Old Jun 22, 2022, 11:56 am
  #408  
 
Join Date: Jun 2022
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Originally Posted by greglvnv
From my experience with this issue, the only exception to denial is one misdemeanor conviction from over 10 years ago (regardless of expungement). They will not accept anyone with more than one misdemeanor or a single felony conviction regardless if those are expunged or not. Sad but true.
What about SENTRI, NEXUS, or other Trusted Traveler Programs? Do I have any chance of getting approved for any of those programs? Or is Mobile Passport Control (MPC) my only option?

I already have TSA PreCheck.

Last edited by AdventureA; Jun 22, 2022 at 12:33 pm
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Old Jun 22, 2022, 2:03 pm
  #409  
 
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Originally Posted by AdventureA
What about SENTRI, NEXUS, or other Trusted Traveler Programs? Do I have any chance of getting approved for any of those programs? Or is Mobile Passport Control (MPC) my only option?

I already have TSA PreCheck.
MPC & TSA are fine. However, NEXUS & SENTRI are on the same boat as GE.
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Old Jun 23, 2022, 9:31 pm
  #410  
 
Join Date: Jun 2022
Posts: 6
Originally Posted by CharlieA
I was convicted of six felony counts in the same proceeding in 1989. Later I was able to get the convictions expunged. I listed all of this on my application. I brought an original order of expungement signed and sealed by the judge with me to the interview.

I was not even asked about it at my interview. Part of this I am told is how the FBI or rather their database has you listed. If the FBI gets a record of the dismissal of your case then your arrest record is fine. If they get a record of your expungement and they decide to accept it (they do not have to accept it) then you are fine. I think the key to all of this is how well your state or local jurisdiction handle records of dismissals, expungements and pardons and getting them sent in to the FBI. As I said I listed what I had and was not even asked about it at the interview. I have been travelling internationally about 1-1/2 times a year for the last 18 years without any issues with customs after a few checks after 9/11. When travelling on United's first class and with United Premier Access product I had been given TSA Precheck each time I had to go through security in the year before I applied for GE.

I absolutely recommend not lying and not forgetting anything no matter how little on your application. Bring every relevant piece of paperwork that you still have with you.
I realize that this thread reply is from 2014, and that the rules may have changed since then. What state did you get charged in?
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Old Jun 23, 2022, 9:40 pm
  #411  
 
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Originally Posted by AdventureA
I was charged and convicted of several misdemeanors and a felony in Washington State (total of 4 separate cases). I had all of the Court cases expunged, and confirmed that the State Identification Bureau (Washington State Patrol) and the FBI had deleted all of the records (along with various other State & Federal Agencies). I spent months enforcing the expungement orders and I thought I had cleared all of the relevant databases. I actually spoke to an FBI Analyst at the end of 2021 who advised me to NOT disclose the expunged records on any federal forms, as they are completely expunged. I specifically asked about Global Entry as well.

I disclosed all 4 cases (listed them as "charged with") on my Global Entry application. Today at my interview the agent asked if I had been arrested. I referred him to my application and said I had been arrested for several charges/cases. When he asked if I had been convicted and what the severity of the cases were, I said everything was expunged and provided all of the expungement orders. Tonight my application was denied for: "You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions."

What databases did I miss? What are my next steps? I believe I can appeal to the Ombudsman and file a FOIA request? Does anyone have any other suggestions?
I contacted a Lawyer who deals with Global Entry and related legal work. He advised me that he has never heard of anyone getting Global Entry with multiple criminal records, even if expunged. He was not willing to even try to help.

I called the Enrollment Center and they were not much help. They refused to give me the name of the database where the information is located.

I went ahead and filed a FOIA Request to U.S. Customs and Border Protection: "*Redacted personal info* I am requesting ALL records pertaining to my Global Entry application submitted in January 2022. Global Entry Program Membership #*Redacted*. On 06/21/2022 I received a denial letter and I would like ALL records pertaining to the denial. Specifically: -All criminal records and background investigation information, including the names of databases where the information is held, the names of the agencies holding this information, dates & names of charges, conviction / case status, where the cases occurred, and any other criminal information that was used to deny the application. -All Customs and Agricultural Violation information, or proof that no such records exist. -Any other adverse information that was used to deny the application, including records pertaining to background checks, violations, & other adverse findings."

I also sent new requests/emails to the Washington State Patrol and the FBI: "Hello There,Last year, I sent your agency Court Orders to Expunge, Destroy, & Erase ALL Criminal History Data. Your agency confirmed that all records were destroyed pursuant to the Court Orders.

I applied for Global Entry through the U.S. Department of Homeland Security Customs and Border Protection this year. I was denied membership due to the following: “You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions” (please see attached letter).

Can you please confirm that ALL Criminal History Data has been destroyed in all databases within your agencies control? If no, what are the names of the databases and why were they not purged? If yes, do you have any idea what other agencies and/or databases would still be holding onto this data? Do you have any other information or advice that could help?

Thank you in advance for your assistance!"

I am aware that I am probably not going to get anywhere. However, I feel that it is worth digging into a bit, as at least 1 other person in this thread was able to get Global Entry despite having their record expunged.
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Old Jun 23, 2022, 11:44 pm
  #412  
 
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Originally Posted by AdventureA
I realize that this thread reply is from 2014, and that the rules may have changed since then. What state did you get charged in?
I don't believe the state is relevant. CharlieA may have been underage when committing those felonies. Another detail is that some offenses like drug related will not be allowed regardless of the time passed or severity of the offense.
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Old Jun 24, 2022, 12:08 pm
  #413  
 
Join Date: Jun 2022
Posts: 6
Originally Posted by AdventureA
I contacted a Lawyer who deals with Global Entry and related legal work. He advised me that he has never heard of anyone getting Global Entry with multiple criminal records, even if expunged. He was not willing to even try to help.

I called the Enrollment Center and they were not much help. They refused to give me the name of the database where the information is located.

I went ahead and filed a FOIA Request to U.S. Customs and Border Protection: "*Redacted personal info* I am requesting ALL records pertaining to my Global Entry application submitted in January 2022. Global Entry Program Membership #*Redacted*. On 06/21/2022 I received a denial letter and I would like ALL records pertaining to the denial. Specifically: -All criminal records and background investigation information, including the names of databases where the information is held, the names of the agencies holding this information, dates & names of charges, conviction / case status, where the cases occurred, and any other criminal information that was used to deny the application. -All Customs and Agricultural Violation information, or proof that no such records exist. -Any other adverse information that was used to deny the application, including records pertaining to background checks, violations, & other adverse findings."

I also sent new requests/emails to the Washington State Patrol and the FBI: "Hello There,Last year, I sent your agency Court Orders to Expunge, Destroy, & Erase ALL Criminal History Data. Your agency confirmed that all records were destroyed pursuant to the Court Orders.

I applied for Global Entry through the U.S. Department of Homeland Security Customs and Border Protection this year. I was denied membership due to the following: “You have been convicted and/or arrested for a criminal offense. You are ineligible for the Trusted Traveler Program due to prior criminal convictions” (please see attached letter).

Can you please confirm that ALL Criminal History Data has been destroyed in all databases within your agencies control? If no, what are the names of the databases and why were they not purged? If yes, do you have any idea what other agencies and/or databases would still be holding onto this data? Do you have any other information or advice that could help?

Thank you in advance for your assistance!"

I am aware that I am probably not going to get anywhere. However, I feel that it is worth digging into a bit, as at least 1 other person in this thread was able to get Global Entry despite having their record expunged.
Update from the Washington State Patrol: "Good morning,

Per the letters sent prior, we have deleted the record for the applicable court cases. This removes the events from our record and from the FBIs record. I cannot say as to what agencies still have this information on their record, we only control the state record, and the Washington portion of the FBI record. I cannot answer as to why you are being denied for global entry, would direct that question to them. They also might able able to tell you where they are receiving this information.
"

Update from the FBI: "Thank you for your inquiry.I reviewed your Identity History Summary that you provided. As your letter shows, You do not show in our database as having a criminal record. My team cannot search any database, we are the Customer Service Department. We only assist individuals with obtaining their Identity History Summary or Challenging a Firearm related denial.

With that being said, I do want to try to help you. After reviewing your letter from the Department of Homeland Security, I would follow the instructions provided there for you. Should you need more assistance, I will provide you with their phone number. The number is 202-282-8000.

Thank you"

I also submitted a new Challenge Request to the FBI. It took several months to complete last time, and I doubt it will yield any new information or results.

Last edited by AdventureA; Jun 24, 2022 at 1:51 pm
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Old Aug 8, 2022, 2:12 am
  #414  
RTJ
 
Join Date: Aug 2022
Posts: 2
Mistake on Global Entry Application

My husband and myself filled out our Global Entry applications very quickly the other day (we should have slowed down, but there was a terrible tragedy in our neighborhood that happened while we were filling the applications out and we rush completed them). Mine was conditionally approved in less than two days, but his has not been yet. However, he misunderstood (as did I) the question pertaining to prior convictions or crimes. He hasn't been convicted of any crimes and doesn't have a record, but he has been arrested and put in a drunk tank twice almost 10 years ago (he doesn't recall if he was formally booked and fingerprinted) but he was let go a few hours later both times. He also was arrested and detained in a police station without being booked as a teen for trespassing. He was given a ticket he had to pay. He's been to Canada several times and none of these have ever been raised. I say that b/c Canada's CBP is so strict. We also ran a background check on Truth Finder which we understand tends to be more accurate and nothing came up as far as criminal background goes. We want to know if there is any way he can amend his application or send an email explaining all of this. Our concern is he may get denied if they pull something up before a conditional approval can even be issued or if he is conditionally approved, that they will deny him because they will ask if he's ever been arrested and he will say yes during the interview even though it wasn't on his application. Any guidance on next steps would be appreciated. We were going to try calling CBP tomorrow to see if there's anything that can be done. Another thought is to cancel this application, take the $100 hit and re-apply with these details included, but not sure how to do that at this point. Thank you.
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Old Aug 8, 2022, 7:25 am
  #415  
 
Join Date: Aug 2022
Posts: 6
Question TSA Precheck / Global Entry - If denied GE, will TSA precheck be pulled back?

Good Morning,

I have had precheck since July 2019. When I applied, I wanted to do Global Entry but was told it would take 6-9 months and I was looking to travel in about 3 months (domestically) so I just did PC.

I have a felony conviction (larceny) from 2005, no jail time, and completed probation. Fast forward 17 years to today - no other trouble whatsoever, except I embarrassingly got arrested for a DUI in late 2017. It was later reduced to a "DWAI" in NY state - which is a violation, not a crime such as a misdemeanor or a felony. I have a few questions I'd appreciate anyone's input on or experience:

1. I was issued Pre-Check in July of 2017. From what I've read online, I don't think this dwai will affect that upon renewal?
2. What are the chances I might get approved for GE with a felony that old? Will the DWAI factor in even though it's not a misdemeanor or felony? In NY state I can now get the record sealed (the felony), which I am working on doing - not sure if that will have any bearing?
3. If I took a chance and ended up being denied for GE, would that then affect my pre-check status? That's my biggest concern... if they're different entities and not really "linked" so to speak, I'm willing to take the chance on losing the fee - my credit card reimburses me anyway. However, if it would result in my pre-check being revoked, I would leave well enough alone.

I appreciate any input you may have, thank you again!
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Old Aug 8, 2022, 9:50 am
  #416  
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
 
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Originally Posted by RTJ
He hasn't been convicted of any crimes and doesn't have a record, but he has been arrested and put in a drunk tank twice almost 10 years ago (he doesn't recall if he was formally booked and fingerprinted) but he was let go a few hours later both times. He also was arrested and detained in a police station without being booked as a teen for trespassing.
Welcome to FlyerTalk!

I merged your question into the relevant thread.

To the best of my recollection, the question is about arrests and/or convictions.

Originally Posted by tommyJ716
I have a felony conviction (larceny) from 2005, no jail time, and completed probation. Fast forward 17 years to today - no other trouble whatsoever, except I embarrassingly got arrested for a DUI in late 2017. It was later reduced to a "DWAI" in NY state - which is a violation, not a crime such as a misdemeanor or a felony.
Welcome to FlyerTalk!

I merged your question into the relevant thread.

You may also want to take a look at the following threads:

Global Entry and DUI

Global Entry Revocations [merged threads]

Global Entry Denial and Recourse

(In the latter two threads it's been reported that individuals who had their Global Entry memberships denied or revoked were subsequently approved for PreCheck)

TWA884
Travel Safety/Security co-moderator
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Old Aug 8, 2022, 10:01 am
  #417  
 
Join Date: Aug 2022
Posts: 6
I can't speak to your questions as I'm kind of in the same boat (a little different but similar) - it appears they merged our threads. Please keep us updated if any changes.... I'm debating just giving it a try and will update too.
Originally Posted by RTJ
My husband and myself filled out our Global Entry applications very quickly the other day (we should have slowed down, but there was a terrible tragedy in our neighborhood that happened while we were filling the applications out and we rush completed them). Mine was conditionally approved in less than two days, but his has not been yet. However, he misunderstood (as did I) the question pertaining to prior convictions or crimes. He hasn't been convicted of any crimes and doesn't have a record, but he has been arrested and put in a drunk tank twice almost 10 years ago (he doesn't recall if he was formally booked and fingerprinted) but he was let go a few hours later both times. He also was arrested and detained in a police station without being booked as a teen for trespassing. He was given a ticket he had to pay. He's been to Canada several times and none of these have ever been raised. I say that b/c Canada's CBP is so strict. We also ran a background check on Truth Finder which we understand tends to be more accurate and nothing came up as far as criminal background goes. We want to know if there is any way he can amend his application or send an email explaining all of this. Our concern is he may get denied if they pull something up before a conditional approval can even be issued or if he is conditionally approved, that they will deny him because they will ask if he's ever been arrested and he will say yes during the interview even though it wasn't on his application. Any guidance on next steps would be appreciated. We were going to try calling CBP tomorrow to see if there's anything that can be done. Another thought is to cancel this application, take the $100 hit and re-apply with these details included, but not sure how to do that at this point. Thank you.
tommyJ716 is offline  
Old Aug 8, 2022, 12:13 pm
  #418  
RTJ
 
Join Date: Aug 2022
Posts: 2
Originally Posted by Dkoko106
Just applied with my husband. 12 years ago he was skateboarding and got a ticket for trespassing, not following posted signs or something along those lines. He was originally going to pay the fine but decided to appeal and was found not guilty. He was never arrested (detained or processed) and never convicted of a crime. He answered no for the have you been arrested question. Worried about his conditional approval now based on all these posts.
Hello! How did things work out for your husband? My husband hasn't been convicted of any crimes and doesn't have a record, but he has been arrested and put in a drunk tank twice almost 10 years ago (he doesn't recall if he was formally booked and fingerprinted) but he was let go a few hours later both times. He also was arrested and detained in a police station without being booked as a teen for trespassing while skating. Curious if your husband listed the skateboarding ticket for trespassing and how things went for him.
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Old Feb 27, 2023, 11:59 pm
  #419  
 
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Originally Posted by AdventureA
Update from the Washington State Patrol: "Good morning,

Per the letters sent prior, we have deleted the record for the applicable court cases. This removes the events from our record and from the FBIs record. I cannot say as to what agencies still have this information on their record, we only control the state record, and the Washington portion of the FBI record. I cannot answer as to why you are being denied for global entry, would direct that question to them. They also might able able to tell you where they are receiving this information.
"

Update from the FBI: "Thank you for your inquiry.I reviewed your Identity History Summary that you provided. As your letter shows, You do not show in our database as having a criminal record. My team cannot search any database, we are the Customer Service Department. We only assist individuals with obtaining their Identity History Summary or Challenging a Firearm related denial.

With that being said, I do want to try to help you. After reviewing your letter from the Department of Homeland Security, I would follow the instructions provided there for you. Should you need more assistance, I will provide you with their phone number. The number is 202-282-8000.

Thank you"

I also submitted a new Challenge Request to the FBI. It took several months to complete last time, and I doubt it will yield any new information or results.
Any further update?
lowkeyflyer is offline  
Old Mar 2, 2023, 8:24 pm
  #420  
 
Join Date: May 2017
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Posts: 921
Has anyone ever been contacted by an intelligence agency asking them about suspicious activity (that they think you conducted?)

What happened when you tried to apply/renew for TTP status?

as someone adjacent to a university, especially at the graduate level in an engineering program, we get a lot of whispers on whether someone is this, or that, and a bunch of plainclothes do roam some of our halls and it's pretty obvious who they are...and i guess my name was shouted out by someone a few years ago after an arrest was made

no charges, just intense questioning until (maybe) they realized how ridiculous it would be for me to have done the things they said i'd done

(i'm innocent i swear) but now that i'm getting towards NEXUS/GE renewal, i'm wondering if i should look into following up with that one 5EY agency that interrogated me that one time to see if i'm in the clear?
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