greglvnv

My honest opinion is that in addition to your court-approved expungement, you should contact your state repository and have them remove the record from NCIC. That way, you will not have this problem anymore. State court expungement is not effective when dealing with Federal government but a letter of compliance from a state repository certifies removal of your record from the federal database, meaning CBP would not see it.

flyerCO

The fact is OP was arrested. The fact wasn't foind guilty or a state court expungement doesnt change that. At least as far as the feds go, it's part of his record.

greglvnv

It is part of the record but the state repository can apply to the Feds to have that record removed regardless.

TWA884

It's not clear the the OP was not found guilty. There are dismissals after convictions when the defendant successfully completed his or her grant of probation.

FlyingHoustonian

They will still see it. One of my employees, PRestor John, posts on here and was wrongfully arrested back in August. charges withdrawn and judge ordered expunged all the way up to the FBI. CBP still sees it every time he goes through and he gets the X. At IAH they always let him through quickly with the X, at PHL last week they told him it is automatic secondary for those Xs at their airport. I had to wait outside but he mentioned they said they could only see the arrest as it was already in their records but not what it was and that it was all expunged. They let him go quickly but mentioned there are only a small handful of people at CBP in DC who can change a GE status after the fact like this to make the X go away. I would presume Snugg will get the X all the time for now.

I'll ask PJ to post more of his info.

greglvnv

I am speaking from my own experience. I don't know if a county judge has any power to order FBI to remove the arrest record but what I know is that I personally obtained a new citizenship, got approved for Nexus and became an FBI contractor after disclosing a conviction record that was confirmed removed from NCIC by a letter from the state repository. None of the DHS, CBP, CBSA or FBI officials I came into contact with were able to locate the record. I never got an X either.

snugglening

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?

squeakr

You were arrested since you got GE. My guess is that they don't look up every rest once you have G – 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.

greglvnv

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.

JonNYC

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.

TWA884

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.

Often1

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.

TWA884

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.

catdogcatdog

Applied for Global Entry last week and was conditionally approved on Friday. From my research I’ve 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 wouldn’t 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 doesn’t mention anything about being able to access juvenile records. I have an interview in a week and want to make sure I’ve got my ducks in a row. Also if I’m approved, does this mean I’ll get that X everytime because of the arrest? I’ve travelled overseas last year and drove from Canada a few times this year and never stopped at all.

Thank you for the help.

greglvnv

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.