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

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

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Old Jan 13, 2017, 7:24 am
  #106  
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Bring as much paperwork as you can with you. But, don't volunteer any of it unless you are asked for it. Don't even suggest that you have paperwork with you, just have a small briefcase.

If you don't have certified/attested copies of the disposition from the court, do have copies of secondary documents such as your green card application, the green card itself and any communications about it. It is all DHS, but you are with CBP and the GC is CIS. Bring the court documents which the court could provide. Make certain that they are certified/attested (yes, those can be expensive, but that's life).

There is a decent chance that you won't be asked about the specific incident and if you aren't, don't volunteer. If you are asked whether you have been arrested, answer truthfully "yes". If you are asked for what, answer that. There is no such thing, generally speaking as a "traffic fine". Did you blow through a stop sign or did you mow down 10 children? Be specific and be truthful.

You can't do better than that.

For others going forward and not just for GE, when you have a brush with the law, even if it is minor, it really pays to obtain appropriately certified copies of the paperwork when it is over. People don't because they figure that records are permanent and many court systems charge a small fortune to stick a court seal on a piece of paper.

But, even in fully digitized court systems, things go wrong. It's not just GE, it can be about various security clearances, job prospects, licenses and the like. The one thing you are certain won't haunt you, will.
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Old Jan 13, 2017, 10:44 am
  #107  
 
Join Date: Jan 2017
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Thumbs up

Originally Posted by Often1
Bring as much paperwork as you can with you. But, don't volunteer any of it unless you are asked for it. Don't even suggest that you have paperwork with you, just have a small briefcase.

Thanks for reply, I've all my paper-work ready due to Green Card interview last year.

1. I managed to somehow get some document from court on what happened with traffic ticket for which I was arrested.
2. I've receipt of traffic fine payment paid during bail bond for release after arrest.
3. Also, have arrest record document from city police saying case was closed and arresting officer statement.
4. Lawyer letter confirming my case was dismissed / closed after traffic fine payment without any record / points on my driving record.
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Old Jan 22, 2017, 2:49 pm
  #108  
 
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I didn't disclose my wet reckless in the online application because I didn't see it as a crime, until reading this forum. I was really pessimistic about getting conditionally approved but low and behold I was approved 11 days after applying.

I was lucky and got an interview in 3 days. At the interview, as soon as I walked up the lady conducting it said "so tell me about your misdemeanor" so I did. At first she couldn't find the resolution of the case so she actually sent me back out to the lobby while she looked into it. About 3 minutes later she calls me back over and says "your very lucky, I found the dismissal" then she started telling me about the benefits of GE and some of the rules.

After the interview the interviewer told me that I was approved but it might take an extra week to get it stamped by a supervisor so that I don't get stopped by customs every time I use it. It took 5 days to get the final approval email!
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Old Jan 22, 2017, 6:41 pm
  #109  
 
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For those like me, do not know what is a "wet reckless".

A California "wet reckless" is a very common charge reduction from a charge of California DUI (either VC 23152(a) driving under the influence or VC 23152(b) driving with a BAC of 0.08 or higher). A California wet reckless under Vehicle Code 23103.5 VC is unique because it's not a charge for which you can be arrested.
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Old Jan 22, 2017, 7:51 pm
  #110  
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Originally Posted by 1KChinito
For those like me, do not know what is a "wet reckless".

A California "wet reckless" is a very common charge reduction from a charge of California DUI (either VC 23152(a) driving under the influence or VC 23152(b) driving with a BAC of 0.08 or higher). A California wet reckless under Vehicle Code 23103.5 VC is unique because it's not a charge for which you can be arrested.
Exactly! A "Wet Reckless" is strictly a plea bargaining tool. Something is missing from the OP's rendition of his criminal history. My educated guess, as a lawyer with extensive criminal law experience, is that initially he pleaded guilty or nolo contendere to the reduced charge of 23103.5 VC. At the end of the three years probationary period, the guilty or nolo contendere plea was withdrawn, a plea of not guilty was entered and the record of the conviction was expunged.

Here is more information on expungements in California, courtesy of the Los Angeles County Public Defender:
What are the effects of expungement under PC1203.4/1203.4a?

It Will:
  1. Result in a new entry in the court record showing the dismissal of the case;
  2. Allow you to answer on many, but not all, job applications that you have not been convicted. If, however, you are applying for a government job or a job which requires a government-issued license, certificate, or permit, or a job which involves a security clearance, the conviction will be discovered; in such cases, you should disclose the initial conviction and its later expungement;
  3. Prevent use of the conviction to impeach you if you testify as a witness, unless you are being tried for a subsequent offense.
  4. If the conviction was for a felony, expungement is the first step in obtaining a pardon.

It Will Not:
  1. Remove the conviction from your "Rap Sheet" - California and FBI criminal history records will still show the conviction and the later dismissal "per PC 1203.4";
  2. Reinstate the right to possess firearms,if it was taken away (reduction to a misdemeanor may accomplish this if the offense is not one of violence;)
  3. Remove the requirement to register as a sex offender per PC290. If the expungement is granted, registrants must then complete and file paperwork requesting a Certificate of Rehabilitation, when eligible. A Certificate of Rehabilitation will relieve specified sex offenders from further registration. This is true for both felony and misdemeanor convictions.
  4. Allow you to omit the conviction from applications for government issued licenses;
  5. Seal or otherwise remove the court case file from public inspection - anyone who knows where to look will be able to find the court case file (probation reports are in confidential files and are not subject to public inspection 90 days after sentencing;)
  6. Prevent the conviction from being used as a "prior" or "strike prior" to increase punishment on a subsequent conviction;
  7. Prevent the conviction from being used for impeachment purposes on a subsequent offense;
  8. Prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as real estate sales licenses, teaching credentials, bus drivers licenses, security guard certificates, etc.; however, the expungement may reduce the weight given the conviction by the licensing agency.
  9. Prevent the conviction from being used by INS for removal and exclusion purposes.

Last edited by TWA884; Jan 22, 2017 at 7:57 pm
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Old Jan 25, 2017, 8:33 am
  #111  
 
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Thanks for great info guys - I was approved for Global Entry yesterday. Officer did ask about my arrest (why, when it happened, which city, final verdict). He did not look at any papers related to my arrest & approved right away.

Last edited by johndoes; Jan 25, 2017 at 10:13 pm
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Old Feb 23, 2017, 2:52 pm
  #112  
 
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just be be honest

I applied for sentri just in case i got denied... you dont prepay the $100 fee


Today I had my interview.

I have 2 juvenile arrests both dropped then I got arrested in mid 2006 judge decision made mid 2008, Im not getting into details .

The judge ordered the charges dropped except an infraction disturbing the peace. I plead no contest to the infraction and a $220 fine after 2 years of fighting in court. DA wouldnt drop charges and I wouldnt take a plea as I didnt do what I was accused of. I was able to prove it


I disclosed everything when it asked about convictions on the GE/Sentri app, even though an infraction isnt a criminal offense and all criminal charges were dropped.

I brought in ALL the case dispositions from 1996, 1999 and 2006

I currently have TSA PRE,TWIC, and a high level security clearance .

The interviewer ran a full background and got assisted by around 12 other officers plus 2 supervisors to review my case.

After an hour I got called back up and was advised I was approved. I paid the fee. He then went over how to use the card and GE features. Im waiting for GOES to update.

That being said my mom had her GE approval within 5 minutes of her interview, no arrests.


I was advised due to previous arrests the first few times i came into the country i would get an X from the GE machine also I would get sent secondary a few times when driving but it would go away as the system needed to update.


My advice be honest bring ALL paperwork with you




card received 1 week later

Last edited by nbirnbaum2; Mar 15, 2017 at 7:48 pm
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Old Apr 20, 2017, 6:03 am
  #113  
 
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Can someone give advice about where to start looking for paperwork in a state/county (specifically Colorado, if possible)? I live outside of the US, so a trip to the courthouse isn't really in the cards.

Last edited by zpaul; Jul 12, 2017 at 4:28 pm
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Old Apr 20, 2017, 9:54 am
  #114  
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Originally Posted by zpaul
Can someone give advice about where to start looking for paperwork in a state/county (specifically Colorado, if possible)? I live outside of the US, so a trip to the courthouse isn't really in the cards.
From the Colorado Judicial Branch website:
Courts Records Search

<snip>

For specific information related to a particular case, you must visit or contact the court in which the action was filed, or visit a commercial site that allows users to search a real time register of actions of state court records on the Internet. Copies of documents are not available from any of the commercial sites and may only be obtained by contacting the individual court where the documents were filed. A register of actions available on commercial sites include civil, civil water, small claims, domestic, felony, misdemeanor, and traffic cases.

Records can be accessed by name or case number through www.cocourts.com, and Background Information Services, Inc. There are charges for all of these services. Please contact a vendor for information.

<snip>

Contact information for District court case information is available at http://www.courts.state.co.us/Contact/District.cfm

Contact information for County court case information is available at http://www.courts.state.co.us/Contact/County.cfm
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Old Apr 20, 2017, 11:05 am
  #115  
 
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Originally Posted by TWA884
From the Colorado Judicial Branch website:
Thank you! I overcomplicated it in my mind.
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Old Jul 12, 2017, 12:38 pm
  #116  
 
Join Date: Jun 2017
Posts: 39
Data point for those with misdemeanors applying for global entry.

I have a misdemeanor that was dismissed from over 10 years ago. I was just approved for Global Entry.

I brought my certified court documents. Agent asked if I had ever been arrested, I said yes. He looked surprised (as if it wasn't in his system). I provided him my case dismissal papers. I did not give any story or reasons. He scanned the documents. That was it.

Other questions asked: "Have I traveled internationally in the past 5 years and why", if my address was current, and my employers name.

Out the door in 5 minutes or less and approved.
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Old Jul 15, 2017, 4:07 pm
  #117  
 
Join Date: Jul 2017
Posts: 1
Data point also -

Have an expunged felony arrest (nolle pros) from 2005; approved for GOES yesterday. Interviewer didn't even ask about it... asked only:

-how did you hear about GOES?
-confirm DOB/address
-explain recent visit to Colombia

Wish I had done it sooner!
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Old Jul 15, 2017, 4:31 pm
  #118  
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
 
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Moderator's Note:

GOES is the acronym for the Global Online Enrollment System and the website which is used to enroll in and update or edit information for all the Trusted Traveler Programs: Global Entry, Flux, NEXUS, SENTRI and FAST.

To avoid confusion, please use GE, not GOES, as the abbreviation for Global Entry.

Thank you,

TWA884
Co-moderator, Travel Safety/Security
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Old Jul 17, 2017, 6:51 am
  #119  
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I'll add a data point recently related to me by a friend who just received his GE approval. In the interview he was asked if he had ever been arrested, to which he said 'no'. It occurred to him later that he probably was arrested in the late 1990s in California on a DUI or DWI (whichever is the lesser). I think the outcome was that he never went to court (lived in Canada) and was given a fine and some driver retraining. His GE was approved on the same day as his visit.
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Old Jul 27, 2017, 11:33 am
  #120  
 
Join Date: Jan 2012
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So I am not sure if this is the right place to post this here but here I go-

I was already approved for GE and had it for a a year or two, but in 2015 I was arrested for DUI and drug possession. Luckily I was able to get both charges dismissed in 2016.
I was coming back from BKK in 2016 and received the X, I went to the station and officer asked me how long I had GE I said a few years and then asked me if I had been arrested. I said yes, but both cases were dismissed so he lets me thru.

Just recently I was returning from NRT and the same thing happened. I was in line and told the officer the same thing this time he takes me to the side room for questioning. I explain to the officer I had two cases and they are expunged. I even had a photo of the court approved expungement. She says GO will be in contact with me and lets me on my way.

My question is should I try to get this sorted and call GE or just wait this out?
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