wallop

Brilliant, I’ll keep my fingers crossed. If I get GE could the flag be removed from my Visa? Because atm I travel to the states 4/5 times per month and end up in secondary each time.

greglvnv

wallop

My attorney advised that I don’t get it expunged,as I’m not a citizen,

greglvnv

Well, if it's a dismissal, you can definitely petition the State Repository to remove it from the federal record as well.
Expungement will only make your life easier. You can still disclose it if they ask you plus you have all the paperwork.
Why have issues for life over a dismissed case? That is not the way the law is supposed to work.

TWA884

I have no idea where your case was dismissed. I do know for a fact that in California expungement has nothing to do with citizenship; I've had many non-citizen clients and even undocumented clients whose cases were expunged.

Bear in mind that dismissal does not necessarily equal innocence; some cases are dismissed because a witness is unavailable or the state is unable to prove the case beyond a reasonable doubt. Ask your attorney if it is possible in the jurisdiction where you were arrested to petition the court to make a factual finding of innocence. For reference, here is the relevant California Penal Code section - 851.8 ("A finding of factual innocence and an order for the sealing and destruction of records pursuant to this section shall not be made unless the court finds that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made... The court shall also order the law enforcement agency having jurisdiction over the offense and the Department of Justice to request the destruction of any records of the arrest which they have given to any local, state, or federal agency, person or entity").

Ebes1099

After glancing through this thread, it seems like if you have a misdemeanor conviction within the last 10 years it automatically disqualifies you. I applied for GE 2 years ago and was denied for having a criminal conviction. (I have a careless driving conviction from 2012). I emailed asking if/when I'd be able to reapply and that conviction wouldn't deny me anymore but never heard back from them. I'm now 6 years out, so I was hoping it would be any convictions older than 5 years wouldn't disqualify you, but it looks like it might be 10 years. Can anyone confirm?

greglvnv

TWA884

@wallop's GE application was approved.

Vegas Vegan

Had a dismissed case back in 1995. Went to police station and municipal court to get proof of dismissal. Both places told me they only keep records back 7 years, then they're destroyed (not even microfilmed). I asked if they could give me something (anything) that says "no records found" or similar and was told they don't do that.

Now what?

greglvnv

trisurf

I was approved for both GE and Nexus with a 2014 DUI and 2017 dismissal in CA. The general consensus is automatic denial if it has been less than 10 years since the completion of probation payment of fines etc but in my GE interview I was told that “1 is allowed with discretion". I suspect that I was conditionally approved as a result of the dismissal and in the interview I disclosed my arrest and conviction. After spending hours researching this and going through both GE and Nexus interviews the answer is yes to convictions on the GE application. The answer on the Nexus application I believe to be no since it is qualified by pardon language. The GE interview was a breeze as well as the Canadian side of Nexus in contrast to what I thought to be the case. I already possessed GE and thought the US side would be easy but it was not. I was ultimately approved by Nexus and looking back at both interviews there was quite a bit of discretionary language used. In other words I do not believe there to me automatic denial with a single conviction. Secondlly if you are granted the interview have proof of dismissal and answer all questions honesty as the border patrol agents have the answers already and can use their discretion to deny or approve.

Newbie2FT

Thanks for the data point. It's difficult, though, to figure out the timeline of your interviews. When was your Global Entry interview? And when was your Nexus interview?

You also mentioned "pardon language". Did you receive a pardon of some sort?

trisurf

WIth conditional approval for both they can be set up in accordance with your own schedule. As an example I scheduled my Nexus interview around a planned ski trip to Canada. I was fairly certain I would get into Canada with the dismissed do you why but was not sure about Nexus. Although I did not receive a formal pardon and not apply for one in Canada the dismissal in the state of California was evidently adequate enough in that the formal terminology of pardon was not really contested or even addressed during the interview.

Newbie2FT

So then it sounds like you applied for both Global Entry and Nexus at roughly the same time (?) -- both of them after your 2017 dismissal.

Nexus includes all Global Entry benefits.

Did you have a reason to apply for both and spend the extra money -- maybe because of your conviction and your dismissal, and trying to have a backup plan in case your Nexus application was rejected?

trisurf

I applied for GE primarily because I lived in the states and also felt I was probably going to be denied by Nexus. Upon renewal I will probably only renew Nexus since you're right it includes GE.