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Old Oct 31, 2019, 4:07 pm
  #256  
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Originally Posted by Varus50
Requested a reconsideration on the TTP site acknowledging and explaining my error so will have to wait and see. I'm expecting the revocation to be upheld. Anything else I should try? like try to speak to a supervisor at a NEXUS enrollment center?

Question: Any thoughts on whether I would be able to successfully re-apply in future? Any similar experiences or data points including waiting time (Looks like perhaps 1 year before re-applying)?
I believe your case is not that clean-cut as it seems as CBP may not be the correct place seeking redress.

Usually GE is a freebie from NEXUS rather than separately granted. In this case, when your GE has been revoked by CBP, it may be an automatic process by CBP as your NEXUS is being revoked by either CBP or CBSA.

AFAIK, but I could be wrong, for GE alone, CBP does not really care if you have foreign passports. First, it is illegal for a U.S. citizen/national to use a foreign passport entering the U.S. Also, the ABTC does not exempt your British Citizen Passport's ESTA requirement. If I am correct on this, your revocation does not sound like CBP's dirty work.

On the other hand, I understand that CBSA require reports of all travel document for NEXUS. So to me, even you deal with CBP, based on what you have described, it sounds to me that CBSA is the one revoking the NEXUS, and resulting a chain reaction.

I would not have any hope for any of your future enrollment. Bottom line - TSA PreCheck.

Originally Posted by LosMerengues
Thanks for any insights.
You really should consult a lawyer.

FWIW - I am more concerned in wrongful imprisonment and the forced created arrest record. If I were you, I would consult the lawyer so that the arrest record can be deleted or at least expunged.

It would be your business if you would like to go after the PD.

GE is your least concern. Once everything has been done, you should be able to get GE anew.
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Old Oct 31, 2019, 5:21 pm
  #257  
 
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Hello..Yes. The record is being expunged. I have to pay the lawyer to get it expunged. 2500$ for the DV case and 1500$ for the expungement. A cool 2700$ out of my pocket due to some Neighbor calling for what ever reason. And I lose my GE. LOL...At least my wife and 3 kids have it still.
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Old Oct 31, 2019, 8:48 pm
  #258  
 
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Originally Posted by LosMerengues
Hello..Yes. The record is being expunged. I have to pay the lawyer to get it expunged. 2500$ for the DV case and 1500$ for the expungement. A cool 2700$ out of my pocket due to some Neighbor calling for what ever reason. And I lose my GE. LOL...At least my wife and 3 kids have it still.
What are you paying for? The record of your arrest can never be removed from the system. It will always show up. If you were not convicted, there is nothing to be expunged. Even if you were convicted, and there was expungement, the record of the arrest would continue to show in law enforcement searches.
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Old Oct 31, 2019, 10:25 pm
  #259  
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Originally Posted by 747FC
What are you paying for?
Good question. What exactly did you (or your lawyer) do?

Originally Posted by 747FC
The record of your arrest can never be removed from the system. It will always show up. If you were not convicted, there is nothing to be expunged. Even if you were convicted, and there was expungement, the record of the arrest would continue to show in law enforcement searches.
Actually not true.

1. At the minimum, in California, a court of law can order the arrest record to be destroyed when certain conditions have been met. But the person will have to prove that he/she was actually innocent from the associated arrest record.

2. Depending on the state laws, expunged may not be available to law enforcement.
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Old Oct 31, 2019, 10:52 pm
  #260  
 
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Originally Posted by garykung
Good question. What exactly did you (or your lawyer) do?



Actually not true.

1. At the minimum, in California, a court of law can order the arrest record to be destroyed when certain conditions have been met. But the person will have to prove that he/she was actually innocent from the associated arrest record.

2. Depending on the state laws, expunged may not be available to law enforcement.
I beg to differ. A California court can order anything it wants. Their order would have no impact on law enforcement agencies having access to information that an arrest was made.

There are plenty examples on GE threads showing applicants being surprised that their "expunged" records show up. Then they get canned for falsely denying a history of arrests,

Last edited by 747FC; Oct 31, 2019 at 10:55 pm Reason: added info
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Old Nov 1, 2019, 4:02 am
  #261  
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Originally Posted by 747FC
I beg to differ. A California court can order anything it wants. Their order would have no impact on law enforcement agencies having access to information that an arrest was made.

There are plenty examples on GE threads showing applicants being surprised that their "expunged" records show up. Then they get canned for falsely denying a history of arrests,
Correct. State can order the state to treat it as never occurring. However they cant order the federal government to do so.
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Old Nov 1, 2019, 4:03 am
  #262  
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Originally Posted by LosMerengues
Was arrested on Sep 17th 2019 for DV. Apparently a neighbor called in on commotion at my house. Police come in and I am surprised to see them as I was working. They told me lot of commotion was heard in the house. I immediately showed them Security footage for the last 2 hours. Nothing there. They still arrested me. Took me to station and finger printed me and let me go back home. Two days later I got the GE revocation notice. I knew I was innocent and I wanted to wait until the charges were dropped to apply for reinstatement. Fast Forward to Oct 30 2019. I go to court. The prosecutor sees the same video footage and laughs and says why did the police arrest you and looks at the cop who arrested me. He said "As a precaution". And the neighbor who called in on me apparently told the cops he doesn't want to be a witness. I absolutely have no idea on why he would call in in the first place other than he <has mental health issues>. But anyway the Prosecutor dropped the case. I get the certified copies of the dismissal

And I run into the Trusted traveller portal and login. Bang. I don't see I have any approved programs in there. I read in the FAQ that I would need to Click on the Request for Reinitiation button, But I see nothing. Does it mean I am done for life of being kicked out of the GE program based on a mentally <redacted by moderator> neighbor's call? The only program that shows up in the portal is my expired NEXUS program from 2014. It allows me to click on that and apply for GE. Should I do that? or just let it go? I have travelled to 117 countries as of July 2019. Don't know if the arrest and my travels made the GE program to determine I am high risk. If that is so, then I am fine with it. My goal is to visit all the countries I can and experience the local life. Rather than be a frog in the well and think the well is the whole world.

So mainly my question is why would the Program disappear altogether from my Dashboard. It should at least say revoked.Does it seem normal not to see the Program listed at all?

Thanks for any insights.
Are you sure the revocation was based on the arrest? Did it actually say so, or are you basing it on the timing?
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Old Nov 1, 2019, 6:57 am
  #263  
 
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Originally Posted by flyerCO
Are you sure the revocation was based on the arrest? Did it actually say so, or are you basing it on the timing?
I am not for one minute questioning the OP’s post but I find it interesting that DHS/CBP has that close of a connection with local law enforcement. Understood that CBP could and has been able to revoke GE/NEXUS on the spot for real or perceived violations at points of entry but they have direct real time access to the TTP system. One way or the other it’s spooky and a bit unnerving that we might be that closely monitored.
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Old Nov 1, 2019, 10:03 am
  #264  
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Originally Posted by flyerCO
Are you sure the revocation was based on the arrest? Did it actually say so, or are you basing it on the timing?
This is a good question. In this case, the local arrest would have to have been recorded, transmitted to NCIC, picked up by CBP and a decision to revoke GE made. All within 48 hours seems unusual.

As to expungement, it is well worth having that done. While it is correct that CBP (and other federal agencies) are not bound by local court orders, a DV arrest is a big deal for many other purposes and it can be helpful that a routine criminal history check will not show the arrest.

In addition, even if the record is not expunged, having attested/certified copies of the dismissal or other equivalent, are important. Not only with CBP right now, but for the future in many different settings.
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Old Nov 1, 2019, 11:18 am
  #265  
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Originally Posted by 747FC
A California court can order anything it wants. Their order would have no impact on law enforcement agencies having access to information that an arrest was made.
Again, you are wrong. Because in California, there are 2 different processes.

For those who screwed up and rehabilitated, there is expungement. For those who are truly innocent, those records are destroyed.

Originally Posted by flyerCO
Correct. State can order the state to treat it as never occurring. However they cant order the federal government to do so.
Federal government does not need to act. Because when the original record deleted, then NCIC record (i.e. rap sheet) will be updated accordingly.

Originally Posted by Randyk47
I am not for one minute questioning the OP’s post but I find it interesting that DHS/CBP has that close of a connection with local law enforcement.
Government entities, states and federal, are sensitive when you become a suspect. They rather overreact than do nothing.
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Old Nov 1, 2019, 11:22 am
  #266  
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Originally Posted by Randyk47
I am not for one minute questioning the OP’s post but I find it interesting that DHS/CBP has that close of a connection with local law enforcement. Understood that CBP could and has been able to revoke GE/NEXUS on the spot for real or perceived violations at points of entry but they have direct real time access to the TTP system. One way or the other it’s spooky and a bit unnerving that we might be that closely monitored.
I don't question that he had GE revoked. However I do question if it was based on the arrest or if he just assumed that because of the timing. As Often1 post shows, the timeline is just way too short.
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Old Nov 1, 2019, 11:45 am
  #267  
 
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Originally Posted by garykung
Again, you are wrong. Because in California, there are 2 different processes.

For those who screwed up and rehabilitated, there is expungement. For those who are truly innocent, those records are destroyed.
And you know for sure that records "destroyed" in California courts are forever wiped from NCIC searches? That would be new knowledge for me, as I've seen no evidence of this procedure.

ETA: Are you so sure of this, that you would advise your beloved relative who was applying for GE or even a TS/SCI position to not mention their destroyed California arrest when applying?
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Old Nov 1, 2019, 11:53 am
  #268  
 
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Originally Posted by flyerCO
I don't question that he had GE revoked. However I do question if it was based on the arrest or if he just assumed that because of the timing. As Often1 post shows, the timeline is just way too short.
Kind of my thinking but was trying to give the OP benefit of the doubt. It does seem to be one of those “now for the rest of the story” scenarios.
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Old Nov 1, 2019, 12:41 pm
  #269  
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Originally Posted by garykung
For those who are truly innocent, those records are destroyed.
California Penal Code 851.8.
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Old Nov 1, 2019, 3:58 pm
  #270  
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Originally Posted by TWA884
Thank you.

Originally Posted by 747FC
And you know for sure that records "destroyed" in California courts are forever wiped from NCIC searches? That would be new knowledge for me, as I've seen no evidence of this procedure.
The relevant section mentions:

"...The [California] Department of Justice and any law enforcement agency so notified shall forthwith seal their records of the arrest and the notice of sealing for three years from the date of the arrest, and thereafter destroy their records of the arrest and the notice of sealing. The law enforcement agency having jurisdiction over the offense and the [California] Department of Justice shall request the destruction of any records of the arrest which they have given to any local, state, or federal agency or to any other person or entity."

I don't work for NCIC. So I don't know how the rap sheet will look like. But my guess is if the record is not wiped out, then the rap sheet will say this record was entered by errors or something like that.

Just in case anyone wonder, California Penal Code 1203.4 is the actual statute governing expungement.

Originally Posted by 747FC
ETA: Are you so sure of this, that you would advise your beloved relative who was applying for GE or even a TS/SCI position to not mention their destroyed California arrest when applying?
I did not say that. In fact, per the SF-86 language:

"For this section report information regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed."

Also regardless:

1. Not having an arrest record is different from not being arrested.

2. Having a rap sheet is different from having an arrest record.
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