Applying/Renewing Global Entry w/ Dismissed/Expunged Arrests/Charges/Convictions
Aug 8, 2016, 4:07 pm
#76
Join Date: Jan 2013
Location: Chicago
Posts: 425
I think that is the piece that gets people most hung up. I was a regular police officer for many years, but I wouldn't say I'm an expert. Here is my understanding. When someone is arrested, especially for a felony, they are issued state and federal ID numbers. Many people who believe they have expunged records may not, as they cannot easily check their criminal history in NCIC to validate it. The attorneys know that, too. People pay money to attorneys, they fill out a form, get any old judge to sign it, and then send it to who knows where. Until the right person gets the form in the correct format, nothing is removed from NCIC.
The issue almost always lies in the record and prints that are contained on the federal side. As JMGPhila said, there is a way to have them removed. However, most attorneys don't do their homework correctly to have that done. I would think if anyone could see their actual criminal history printout, and they could simply see if it had a state and/or federal ID, they would be able to tell. I believe if they are blank, it will show the CPB agent no history. However, I don't know of a simple way for the average person to do that.
Now, if they are finding something for folks that don't have a state or federal number in NCIC, that is beyond me. There are always other forms of off-line searches from NCIC, but I don't know what level something like that would start, even if it is available. Again, I'm no expert, but that's what I think. Another LEO, attorney, etc. can likely comment correctly on this. That's why I wouldn't give advice one way or the other. This is just my understanding of how that works.
The issue almost always lies in the record and prints that are contained on the federal side. As JMGPhila said, there is a way to have them removed. However, most attorneys don't do their homework correctly to have that done. I would think if anyone could see their actual criminal history printout, and they could simply see if it had a state and/or federal ID, they would be able to tell. I believe if they are blank, it will show the CPB agent no history. However, I don't know of a simple way for the average person to do that.
Now, if they are finding something for folks that don't have a state or federal number in NCIC, that is beyond me. There are always other forms of off-line searches from NCIC, but I don't know what level something like that would start, even if it is available. Again, I'm no expert, but that's what I think. Another LEO, attorney, etc. can likely comment correctly on this. That's why I wouldn't give advice one way or the other. This is just my understanding of how that works.
Aug 8, 2016, 7:38 pm
#77
Join Date: Jul 2015
Posts: 278
If the history is blank, but it still has a state or federal number, will it show up? I think that is the hang-up. My understanding is if a record is expunged, the private agencies can't access anything via NCIC, as it supposed to work. When you run a criminal history, it would still give you those numbers if they are still in the system. I would suspect it would prompt an agent or investigator to ask what that is, even if they have no further detail. This type of thing would mostly happen when a charge is entered in NCIC, and then the disposition doesn't make it back, either by bad paperwork or possibly a plea to a lesser charge. But that's really just what I somewhat gathered over the years. Could be wrong, of course.
Aug 8, 2016, 10:17 pm
#78
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
That is the great thing about different states; they have different laws. Courts just follow the laws; if there is an expungement law, the court follows it. PA court records may last forever; different shakes for different states.
Aug 9, 2016, 9:13 pm
#79
Join Date: Jan 2013
Location: Chicago
Posts: 425
If the history is blank, but it still has a state or federal number, will it show up? I think that is the hang-up. My understanding is if a record is expunged, the private agencies can't access anything via NCIC, as it supposed to work. When you run a criminal history, it would still give you those numbers if they are still in the system. I would suspect it would prompt an agent or investigator to ask what that is, even if they have no further detail. This type of thing would mostly happen when a charge is entered in NCIC, and then the disposition doesn't make it back, either by bad paperwork or possibly a plea to a lesser charge. But that's really just what I somewhat gathered over the years. Could be wrong, of course.
Aug 9, 2016, 11:19 pm
#80
Join Date: Nov 2009
Location: LAS/GRU/DUB
Programs: Amex, JPMR, Nexus
Posts: 365
Based on my knowledge of the subject, this is how it works:
When a record is sealed/expunged, that is effective only on the local/county level. Then you need to send the order of sealing records/expungement to the state criminal repository, which then submits it to NCIC. If the FBI agrees to clear your IdHS report then they notify the state repository, which in turn should issue what they call a compliance letter. Once you receive such letter, your records are effectively expunged on the federal level. In my case, Dept. of Justice was unable to locate the record in any of their databases after the FBI complied with the order. The process took over two years by the way.
When a record is sealed/expunged, that is effective only on the local/county level. Then you need to send the order of sealing records/expungement to the state criminal repository, which then submits it to NCIC. If the FBI agrees to clear your IdHS report then they notify the state repository, which in turn should issue what they call a compliance letter. Once you receive such letter, your records are effectively expunged on the federal level. In my case, Dept. of Justice was unable to locate the record in any of their databases after the FBI complied with the order. The process took over two years by the way.
Sep 21, 2016, 7:28 pm
#82
Join Date: Sep 2016
Posts: 25
arrest and withdrawn charges on global entry
Long time lurker as I work for a member who always praises this site! First time poster.
I was arrested (after wrongly being ID'd for a fight by a confused witness) for a misd. in Pennsylvania a couple of weeks ago, charged with if I recall correctly, four things, like simple assault and menacing. The police eventually viewed video of the location where the fight broke out, found out I was not the person doing what was claimed, and all charges against me were dropped, or withdrawn as it was called in Penn. I have an attorney there (was travelling and do not live there) who is handling the expungement ASAP but am curious about any issues with GE. I have paperwork signed by judge and issued by a court noting all changes were withdrawn.
Does anyone know if that could or will affect GE status or know of similar stories? I have had GE for a few years. My GE linked precheck has been working since the incident, including yesterday. I have never had, even tickets before so it is all new to me.
I was arrested (after wrongly being ID'd for a fight by a confused witness) for a misd. in Pennsylvania a couple of weeks ago, charged with if I recall correctly, four things, like simple assault and menacing. The police eventually viewed video of the location where the fight broke out, found out I was not the person doing what was claimed, and all charges against me were dropped, or withdrawn as it was called in Penn. I have an attorney there (was travelling and do not live there) who is handling the expungement ASAP but am curious about any issues with GE. I have paperwork signed by judge and issued by a court noting all changes were withdrawn.
Does anyone know if that could or will affect GE status or know of similar stories? I have had GE for a few years. My GE linked precheck has been working since the incident, including yesterday. I have never had, even tickets before so it is all new to me.
Sep 21, 2016, 7:36 pm
#83
Join Date: Dec 2006
Location: SNA
Programs: Bonvoy LTTE/AMB, AmEx Plat, National EE, WN A-List, CLEAR+, Covid-19
Posts: 4,966
Dropped criminal charges aren't a (guaranteed?) cause for rejection. But if they ask you at the interview, should you be conditionally accepted ('cause it's still on your record) be upfront about it.
Sep 21, 2016, 7:45 pm
#84
Join Date: Sep 2016
Posts: 25
Hi, thanks for the reply, though I already have global entry, and have a few years now. Certainly in a few years when renewing I will have to answer yes I was arrested and then explain everything was dropped shortly thereafter, but I am curious if something could or will happen while in it now. thanks
Sep 21, 2016, 7:56 pm
#86
Join Date: Sep 2016
Posts: 25
no worries. I know I can, obviously, just keep using GE until something happens, and I will carry the paperwork with me at all times noting it was all withdrawn, but did want to maybe know more of what to expect.
Another issue is me travelling often to countries like Canada and Australia where they often ask about "being arrested" as if that means someone is guilty so I am hoping this unfortunate issue will not affect me much in those travels or force me to need visas. The whole thing is not something I would recommend to anyone.
Another issue is me travelling often to countries like Canada and Australia where they often ask about "being arrested" as if that means someone is guilty so I am hoping this unfortunate issue will not affect me much in those travels or force me to need visas. The whole thing is not something I would recommend to anyone.
Sep 22, 2016, 9:07 am
#87
Join Date: Jul 2010
Location: Surrey, BC
Programs: A few, *G,
Posts: 124
One false arrest, that you have paperwork to prove, shouldn't be an issue traveling to Canada. It's a history of numerous arrests that could make one inadmissible, no one wants a trouble maker as a visitor.
Sep 22, 2016, 9:30 am
#88
Join Date: Jun 2012
Posts: 3,381
think you have the right mindset... try the expungement, keep all copies forever and be prepared to show them at border crossings/immigration/backgruond checks (preferable a hard copy)
GE renewals may be automatic or require an appointment... keep us updated on this datapoint
Last edited by paperwastage; Sep 22, 2016 at 9:36 am
Sep 22, 2016, 9:47 am
#89
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if you look thru the various threads, the GE officials can see the original incident/arrest record even after expungement (aka expungement doesnt really work). sometimes, they see only the arrest record, and you have to provide records for the withdrawal/expungement
think you have the right mindset... try the expungement, keep all copies forever and be prepared to show them at border crossings/immigration/backgruond checks (preferable a hard copy)
GE renewals may be automatic or require an appointment... keep us updated on this datapoint
think you have the right mindset... try the expungement, keep all copies forever and be prepared to show them at border crossings/immigration/backgruond checks (preferable a hard copy)
GE renewals may be automatic or require an appointment... keep us updated on this datapoint
The question is whether the arrest itself will be linked by the computers to the OP's GE card before then, possibly resorting in revocation without warning and the OP needing to do the lengthy appeal process with the GE ombudsperson.
At this point, it seems like no news is good news, but I would think that it might be wise for the OP to start the renewal process when the time comes quite early in order to allow time for CPB to check the expungement records and the OP to file an appeal if necessary. OTOH, letting sleeping dogs lie might be better, with the renewal application being submitted rather late, maybe aiming for an interview several weeks before the expiration date, if there's concern that the arrest popping up in the computer at the conditional approval stage could lead to immediate revocation of GE.
Sep 22, 2016, 4:27 pm
#90
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As noted, even expungment won't remove it I'm the eyes of the Federal government. However it shouldn't be an issue. Keep the paperwork safe, as some states purge records after X years.