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

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

Old Mar 4, 2014, 4:36 am
  #31  
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Originally Posted by eeeee
Finally getting my boyfriend to apply, and we've been wondering about this. He was arrested in the mid-80s in Manhattan for marijuana. His recollection was that he spent the night in jail and was released by the judge the next day, with a dismissal. I think the odds are low that that type of record has made it into the computerized files today, but I can't remember if there is a question about whether you've been arrested. Can anyone advise? Should he volunteer this info?
In NYS/NYC there is "something" called ACD [Adjudication in Contemplation of Dismissal]. If you complete your probationary period (say 6 months) with NO arrests, your slate is wiped clean, your fingerprints are even returned. How was his case "adjudicated"?
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Old Mar 19, 2014, 2:34 pm
  #32  
 
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.l;'klk;lk;'

Last edited by Bryanphaas; Apr 6, 2021 at 11:28 am
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Old Mar 19, 2014, 11:23 pm
  #33  
 
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Originally Posted by Bryanphaas
A friend of mine just went through this with a DUI conviction that was supervisory. Basically a conviction was never entered based upon successful completion of her supervision; which she did.

The Customs officer told her that supervision is considered a conviction, and therefore is ineligible until 10 years past the event. She is able to appeal to the Ombudsman though.
That's pretty common. Like you can't travel to Canada with a DUI, even if you did a supervisory or diversion program where no conviction was entered. There is still some admission of guilt. Not sure it's 100% but thats what it is.
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Old Mar 20, 2014, 1:40 pm
  #34  
 
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Originally Posted by nrr
In NYS/NYC there is "something" called ACD [Adjudication in Contemplation of Dismissal]. If you complete your probationary period (say 6 months) with NO arrests, your slate is wiped clean, your fingerprints are even returned. How was his case "adjudicated"?
I was arrested at a political protest about 5 years before my GE interview, and took an ACD. The GE interviewer asked me if I'd ever been arrested. I said yes, explained the circumstances, and was approved for GE.
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Old Apr 23, 2014, 10:16 pm
  #35  
 
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Originally Posted by pa3lsvt

Nobody is denied GE based on arrests alone. In fact that's exactly what the informative posters in this thread are telling OP, myself included.
I was told in my GE interview that "three arrests, even with all the cases dismissed, not convicted, or expunged, is still grounds for denial."

Last edited by evilscott; Apr 24, 2014 at 4:27 pm
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Old Apr 24, 2014, 1:07 pm
  #36  
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my limited understanding of supervision

once you complete the supervision you THEN have to appeal to get the record totally expunged. Once you do this you should be eligible .

Originally Posted by Bryanphaas
A friend of mine just went through this with a DUI conviction that was supervisory. Basically a conviction was never entered based upon successful completion of her supervision; which she did.

The Customs officer told her that supervision is considered a conviction, and therefore is ineligible until 10 years past the event. She is able to appeal to the Ombudsman though.
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Old May 9, 2014, 12:05 pm
  #37  
 
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Update:
My friend went for his interview, and disclosed that he had been arrested in NY in 1985 for smoking pot on the street and that the case was dismissed. He was called the next day and told he would have to get some paperwork proving that it was dismissed. He almost paid someone to go get it but they wanted more money than he wanted to spend.

Yesterday, 10 days after the interview, he got an email from GE that he was approved! I guess they decided it wasn't that important.
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Old May 11, 2014, 1:03 pm
  #38  
 
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Originally Posted by Bryanphaas
A friend of mine just went through this with a DUI conviction that was supervisory. Basically a conviction was never entered based upon successful completion of her supervision; which she did.

The Customs officer told her that supervision is considered a conviction, and therefore is ineligible until 10 years past the event. She is able to appeal to the Ombudsman though.
Good luck with that. Appealing through the Ombudsman is just a black hole. They just reiterate the original reason for denial.
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Old May 22, 2014, 2:51 pm
  #39  
 
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Originally Posted by diver858
I just went through a similar situation. Arrest was more than 10 years prior, system did not show that charges were dropped, was unable to obtain confirmation from any law enforcement, DA's office. Fortunately, we spoke with a lawyer at the time, who was nice enough to write a letter, confirming that the charges were dropped. CBP interviewing officer asked lots of questions, in the end "recommended me for GE".
So the good news is that I now have GE, the bad news is that on both attempts to use it, I was denied access, sent to a secondary holding area where a CBP agent reviewed my file, asked a bunch of questions, then released me. While neither were very specific, both referenced the arrest, indicated that as long as it remains in the fingerprint database, I will have to go through the same hassle.

Anyone else have a similar experience?

I contacted my Congressman's office, filled out a Privacy Act Waiver, provided some details in an effort to learn what if anything could be done. Any other suggestions?
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Old May 22, 2014, 3:36 pm
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Contact the enrollment center you interviewed at and explain the issue. They should be able to correct it - in fact, I was told that I couldn't have my enrollment finalized until a "supervisor put in an override in my record", which apparently means "keep that arrest from flagging you for secondary".
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Old May 23, 2014, 3:14 am
  #41  
 
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Originally Posted by pa3lsvt
Contact the enrollment center you interviewed at and explain the issue. They should be able to correct it - in fact, I was told that I couldn't have my enrollment finalized until a "supervisor put in an override in my record", which apparently means "keep that arrest from flagging you for secondary".
THIS. I had an arrest, which I mentioned earlier in the thread that flagged me the first time I went through. They had to forward information to get the arrest overridden so you could pass through without the X.

Hasn't been a problem since. Though I've also gotten an order from a judge finding me factually innocence, which required the local agency + FBI delete all references to the arrest, including the fingerprints, so that may have also played a role in it working fine now.
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Old May 23, 2014, 5:04 am
  #42  
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Reading the last several posts: why approve someone for GE and then throw obstacles in their path when they try to use it?
reaganFF likes this.
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Old Jun 1, 2014, 8:41 pm
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Originally Posted by USCTrojan83
They had to forward information to get the arrest overridden so you could pass through without the X.
What does the "X" symbolize? I've never heard of this before. Does it mean that you're flagged for secondary?
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Old Jun 2, 2014, 5:39 am
  #44  
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Originally Posted by brewdog11
What does the "X" symbolize? I've never heard of this before. Does it mean that you're flagged for secondary?
"X" could occur for lots of reasons: (1)a customs quest. answered "yes" [you go to an agent and explain the "yes" (exceeded duty free allowance, say)], (2)random event--which should be rare, (3)fingerprint issue, (4)your inbound flight does not have you on the manifest--just a few items which could cause an "X", but not (necessarily) secondary.
[When I went to my first GE interview, the agent noted that I should have a copy of the paper form filled out (as a back-up); then go to the first available agent.]
But, as I asked in an earlier post, why would they approve someone and then have them "X"ed everytime?
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Old Jun 19, 2014, 3:09 am
  #45  
 
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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.
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