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Applying for or Renewing Global Entry with Dismissed/Expunged Arrests/Convictions

Applying for or Renewing Global Entry with Dismissed/Expunged Arrests/Convictions

Old Aug 4, 17, 12:49 pm
  #121  
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This is only my guess

You were arrested since you got GE. My guess is that they don't look up every rest once you have G Ė they may have caught up with you, they may have not have before your renewal.
I'm pretty sure if it does come up without you sending the expungement that they will revoke your GE. I've not heard of someone with an expunged record who submits those recordshaving it revoked, but that's a very small data point.
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Old Aug 4, 17, 7:18 pm
  #122  
 
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Originally Posted by snugglening View Post
I was not found guilty but was give Diversion program were I plead guilty but it is held in abatement and if I complete the court ordered obligations the case is dismissed which makes you correct that I completed my probation.

I just talked to a TSA person and told him about my situation and he was a typical jerk. He said I needed to get the official records of my expungement right away to the office or my GE would be revoked. Funny thing was I was arrested in 2015 and used my GE twice (I got the X both times), but nothing was ever mentioned to me about it being revoked.

I am on the fence with giving them my records of expungement so they can put in the system cause i actually fear that when I do submit them with my luck they will revoke it.

What do you folks think I should submit it now and believe the system will work in my favor and they will clear the X?
Providing the expungement papers may or may not be effective once they caught up with you, especially if it's a drug offence then the GE might not be renewed.
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Old Aug 5, 17, 7:20 am
  #123  
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Originally Posted by snugglening View Post
I was not found guilty but was give Diversion program were I plead guilty but it is held in abatement and if I complete the court ordered obligations the case is dismissed which makes you correct that I completed my probation.

I just talked to a TSA person and told him about my situation and he was a typical jerk. He said I needed to get the official records of my expungement right away to the office or my GE would be revoked. Funny thing was I was arrested in 2015 and used my GE twice (I got the X both times), but nothing was ever mentioned to me about it being revoked.

I am on the fence with giving them my records of expungement so they can put in the system cause i actually fear that when I do submit them with my luck they will revoke it.

What do you folks think I should submit it now and believe the system will work in my favor and they will clear the X?
It's a tough call, hard to really say which course of action will lead to what result. I'm in the camp though thinking that you probably wont be able to renew regardless.
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Old Aug 5, 17, 10:32 am
  #124  
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Originally Posted by snugglening View Post
I was not found guilty but was give Diversion program were I plead guilty but it is held in abatement and if I complete the court ordered obligations the case is dismissed which makes you correct that I completed my probation.
As I suspected, this was not a case of insufficient evidence or an innocent person being wrongfully accused.

In California, where I am licensed to practice law, this program is called Deferred Entry of Judgement. It is only for drug possession cases. Defendants who successfully complete DEJ have their guilty pleas withdrawn and the cases dismissed at the end of the probationary period. They are under no legal obligation to report their convictions.

CBP, however, requires disclosure of arrests in addition to convictions; thus you must disclose this arrest if asked by a CBP officer and when applying for renewal.
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Old Aug 5, 17, 12:57 pm
  #125  
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Originally Posted by snugglening View Post
I was not found guilty but was give Diversion program were I plead guilty but it is held in abatement and if I complete the court ordered obligations the case is dismissed which makes you correct that I completed my probation.

I just talked to a TSA person and told him about my situation and he was a typical jerk. He said I needed to get the official records of my expungement right away to the office or my GE would be revoked. Funny thing was I was arrested in 2015 and used my GE twice (I got the X both times), but nothing was ever mentioned to me about it being revoked.

I am on the fence with giving them my records of expungement so they can put in the system cause i actually fear that when I do submit them with my luck they will revoke it.

What do you folks think I should submit it now and believe the system will work in my favor and they will clear the X?
The TSA person was not a "jerk" but he was also the wrong person to speak with. GE is operated by CBP.

As it happens, the TSA Officer was correct and gave you good advice.

Federal officials are not looking at the facts of a conviction, but the conduct that leads to it. That is why they do not --- for the most part --- care about state law diversion programs and the like.

Showing that you completed the program and that the case was formally dismissed is a smart move. With the passage of time, locating those records may become harder. It is often the case that courts, police departments, probation officers, and others, fail to take care that a dismissal is actually entered. A decent lawyer ought to have calendared this for himself to check.
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Old Aug 5, 17, 2:57 pm
  #126  
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Originally Posted by Often1 View Post
Federal officials are not looking at the facts of a conviction, but the conduct that leads to it. That is why they do not --- for the most part --- care about state law diversion programs and the like.
Exactly.

Global Entry provides for expedited clearance for low-risk travelers who are trusted to comply with immigration and customs rules and regulations even when not undergoing regular federal inspections when entering the US. Engaging in illegal conduct, even when it does not ultimately result in a criminal conviction, does not bode well for one's trustworthiness.
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Old Aug 19, 17, 6:54 pm
  #127  
 
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Applied for Global Entry last week and was conditionally approved on Friday. From my research Iíve read, I need to disclose about any arrests in the past during the interview. I was caught when I was 16 shoplifting and was arrested and fingerprinted until my parents came and picked me up. I was a moron, but from what I recall I was never formally charged with anything or at least convicted. I went and spoke to a juvenile case worker who basically told me how stupid I was to do that with the family and excellent grades I had. I did a bit of community service and nothing else happened. I was never sentenced to that community service, I believe it was a type of juvenile diversion program so I wouldnít have anything on my record when I completed it. That was 12-13 years ago and I have no records of this or even really remember it all that well. I was obviously conditionally approved and will disclose this, but being juvenile records and the fact they were either sealed or destroyed, if they ask about it, how Can I prove I was never convicted? I answered on the application no to the conviction question because I believe the program I completed removed any charges or punishment but I have no record or proof of this. The court records website for that county doesnít mention anything about being able to access juvenile records. I have an interview in a week and want to make sure Iíve got my ducks in a row. Also if Iím approved, does this mean Iíll get that X everytime because of the arrest? Iíve travelled overseas last year and drove from Canada a few times this year and never stopped at all.

Thank you for the help.
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Old Aug 19, 17, 8:09 pm
  #128  
 
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Originally Posted by catdogcatdog View Post
Applied for Global Entry last week and was conditionally approved on Friday. From my research Iíve read, I need to disclose about any arrests in the past during the interview. I was caught when I was 16 shoplifting and was arrested and fingerprinted until my parents came and picked me up. I was a moron, but from what I recall I was never formally charged with anything or at least convicted. I went and spoke to a juvenile case worker who basically told me how stupid I was to do that with the family and excellent grades I had. I did a bit of community service and nothing else happened. I was never sentenced to that community service, I believe it was a type of juvenile diversion program so I wouldnít have anything on my record when I completed it. That was 12-13 years ago and I have no records of this or even really remember it all that well. I was obviously conditionally approved and will disclose this, but being juvenile records and the fact they were either sealed or destroyed, if they ask about it, how Can I prove I was never convicted? I answered on the application no to the conviction question because I believe the program I completed removed any charges or punishment but I have no record or proof of this. The court records website for that county doesnít mention anything about being able to access juvenile records. I have an interview in a week and want to make sure Iíve got my ducks in a row. Also if Iím approved, does this mean Iíll get that X everytime because of the arrest? Iíve travelled overseas last year and drove from Canada a few times this year and never stopped at all.

Thank you for the help.
Even if you were convicted that wouldn't matter because one single misdemeanor over 10 years ago doesn't deny your eligibility to participate in GE. However, I would make an honest attempt to contact the juvenile court in that jurisdiction to see if there are any records available in case they will ask you for it.
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Old Aug 19, 17, 8:48 pm
  #129  
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Originally Posted by greglvnv View Post
Originally Posted by catdogcatdog View Post
The court records website for that county doesn’t mention anything about being able to access juvenile records.
However, I would make an honest attempt to contact the juvenile court in that jurisdiction to see if there are any records available in case they will ask you for it.
In most states juvenile records can be obtained only with a court order.
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Old Aug 23, 17, 7:16 pm
  #130  
 
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Originally Posted by TWA884 View Post
In most states juvenile records can be obtained only with a court order.
I went to the court and oddly enough there were no records. I have a certified letter from them stating they were unable to find any record so hopefully that’s good enough. I don’t know where else to check at this point. My appointment is scheduled for Friday.

EDIT: Had my interview. Was asked if I was arrested, said yes. Asked if I was convicted of anything ever, said no. Ran fingerprints, agent said nothing came back at all. Was approved immediately. Didn't even need the letter. Quick and easy. Guess I don't have anything on record.

Last edited by catdogcatdog; Aug 25, 17 at 11:36 am
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Old Aug 25, 17, 9:33 pm
  #131  
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Stumbled across this thread while doing some research for an upcoming NEXUS renewal and figured I'd contribute a datapoint.

- US citizen and resident with no arrests/convictions/misdemeanors/speeding tickets/parking tickets except for the below.
- Illegally arrested in 2002 in a (very) small town in a fly-over state.
- Challenged the arrest in court and the charges were withdrawn. (I'll add my one bit of editorializing here: Small-town and fly-over police seem to have a less than clear grasp of the law and seem surprised when someone challenges their actions in court. Yes, 15 year later, it still irks me. Ok, done now.)
- Applied for NEXUS in 2013 (11 years later) and was asked the "have you ever been arrested" question by both the Canadians and the US--NOTE: This was back when you not only did separate interviews, but did the US interview on the US side of the border... then went through customs to the other side, did your interview on the other side and then went back through customs to return.
- Answered truthfully (as you ALWAYS should) that I'd been arrested ~11 years prior, but it was an illegal arrest and charges had been withdrawn.
- Canadians asked what the nature of the arrest was, and when it didn't fall into the category of a Canadian Felony, they stopped caring.
- US CBP wanted ALL the details. When I told the officer the whole story, when was half laughing at me and half rolling his eyes. I think his exact comment was "That's what you get for visiting XX state. You couldn't pay me to go there!"
- I was approved and received my NEXUS card.
- No problems entering Canada or leaving the country.
- Entering the country I kept getting flagged for additional screening (the dreaded X) and having to go to an interview room. In every case I was asked about the arrest, I provided the same answers and was eventually cleared to re-enter the US.
- I kept asking why I was getting flagged and every time, I was told: "It's just random." or "You aren't eligible for Global Entry." (Yes, I'm aware I have NEXUS... but it comes with GE and they kept confusing them.)
- FINALLY, after about 6 months of this... to the point where I was pretty fed up... a very nice secondary screening CBP officer at YYZ told me the following (as close as I can remember): Even though you are eligible for GE based on your never having been convicted, if you are arrested then your fingerprints are in the national database and our access to the database only shows that they were taken, not anything that happened after. Usually, if you were never convicted you will get flagged for secondary screening the first two to three times you use GE, but after that you should not get flagged again except randomly. If you have been flagged more than three times in a row, then you need to apply for a "demotion" to have the flag overridden.
- I called the NEXUS office that had approved me and they had no idea what a "demotion" was. But, I explained the situation and they told me I had to mail my NEXUS card, passport, court certified proof of dismissal, and the full arrest records to them so that they could review the "evidence" and determine what to do. They would not give me a time-frame or an assurance as to when OR EVEN IF I would receive ANY of the documents back. "You'll just have to send them to me and wait and see." She further told me that she could legally refuse to return any of them. Finally, she told me that she had to see the physical originals of all of them before she could decide whether to submit them to Washington DC for review.
- I was unwilling to send all that info--especially my PASSPORT--without any assurance that it would ever be returned. So, I figured that I'd just happily keep my Entering Canada and my PRECheck privileges and not worry about expedited return to the US.
- I was flying through Seattle and my connection had a major delay. On a whim, I walked by the Trusted Traveler office there and there was no wait. I explained everything, including what the CBP agent I had spoken with over the phone had told me. The CBP agent was as <redacted>ing as I was over her demand I send them to her, personally and that I had to send my NEXUS Card, Passport, etc. He told me that "the rules" in "rare" cases like mine where the automated system failed was that a simple fax of the dismissal would suffice.
- He scanned my dismissal letter and electronically uploaded it. Typed a few things and then told me that I shouldn't have the secondary screening problem any more. Total time: ~10 min. Best 10 min I've ever spent because...
- I've used GE probably 30+ times since then and never once been flagged for secondary screening.

My takeaways:
- An arrest is not enough to get you denied GE/NEXUS BUT you have to be up front about it.
- Even after being approved, you may have difficulty re-entering the US. If that happens, after your third reentry... the system is supposed to automatically remove your flag. (I think what happens is that the CBP officers see a synopsis of your explanation given at your interview and they either check "this is what s/he told me" or "gave a different story" box on the computer screen. Assuming your explanation is consistent... as it should be, you're telling the truth!... then after three verifications you get automatically unflaged.)
- Sometimes the automated system doesn't work and to fix it, go in person to a trusted traveler office with certified documentation.

Oh, and a humorous side note... I always travel with a pocket scanner for doing expense reports. The CBP office at SeaTac's scanner was constantly failing to scan the dismissal paperwork because the court printed it in light blue text on white paperwork. *facepalm* I let him use my computer to scan using my scanner the document and then email it to himself so he could then upload it. Scanners... never leave home without one!

I hope this helps some of you with questions. The real test for me will be the renewal I just submitted. Wish me luck!

Last edited by TWA884; Aug 25, 17 at 11:24 pm Reason: Vulgarity
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Old Aug 28, 17, 1:28 pm
  #132  
 
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I was arrested eons ago in college after a party breakup. I can't remember if the charge was disturbing the peace or what, since the cops didn't start arresting people until the 3rd complaint (and second visit). We spent a few hours in the drunk tank, then were released on PR. No fingerprints, no mugshots, nothing more than something about the size of a speeding ticket. We showed up in court the next month, the judge told us to get our heads out of our butts and if the cops come once and give a warning, shut down the party. Case dismissed, and the most that any of us (there were six of us who got arrested) ever thinks about it is the fact that one of us had to take a crap in the cell and had to use his socks for toilet paper. Then everyone else's socks since he was nervous about being arrested and went into full-on nervous stomach and spent most of four hours or so on the crapper.

Many people are in this boat. I've never had it come up on a basic background check before, but I always assumed those just did a basic criminal search (convictions and active warrants). I wonder how the GE guys handle those types of things? No prints or other evidence, no bail forms or anything, charges dismissed without no fuss.

Last edited by catocony; Aug 28, 17 at 1:36 pm
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Old Aug 28, 17, 3:49 pm
  #133  
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Originally Posted by catocony View Post
We spent a few hours in the drunk tank, then were released on PR. No fingerprints, no mugshots, nothing more than something about the size of a speeding ticket.
That sounds like an excessively prolonged detention rather than an arrest. A formal arrest involves a booking process which includes the taking of mugshots and fingerprints. The prints are then entered into statewide and nationwide databases. Based upon my experience as a lawyer who has handled numerous criminal cases, it would appear that the case may have been a prosecutor's reject and was not even filed. Folks regularly show up in court pursuant to a notice to appear after they were released from jail only to find their names on the list of cases that were not filed.
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Old Aug 28, 17, 6:26 pm
  #134  
 
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Who knows, it was a college town, so there was/is a lot of the usual. Drunk in public, noise violations, disturbing the peace, the occasional fist fight, things like that.
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Old Aug 29, 17, 12:32 pm
  #135  
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Originally Posted by catocony View Post
I wonder how the GE guys handle those types of things? No prints or other evidence, no bail forms or anything, charges dismissed without no fuss.
Just report it on your application and I'm sure you'll be fine. Always assume they know about such things and just explain it to them like you did to us and there's a 99% chance it won't affect you.

Originally Posted by TWA884 View Post
That sounds like an excessively prolonged detention rather than an arrest. A formal arrest involves a booking process which includes the taking of mugshots and fingerprints. The prints are then entered into statewide and nationwide databases. Based upon my experience as a lawyer who has handled numerous criminal cases, it would appear that the case may have been a prosecutor's reject and was not even filed. Folks regularly show up in court pursuant to a notice to appear after they were released from jail only to find their names on the list of cases that were not filed.
Based on my experience as a lawyer this could easily be an arrest. Every jurisdiction does things differently, sometimes there are more formalities, sometimes there are less. If it's a college town it might very well be less.
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