Can You Get Global Entry With A Criminal Record?

by SharonKurheg

If you travel internationally, Global Entry is a great way to skip the customs/border patrol lines when returning back to the United States. The fact that you get TSA PreCheck with it (which you may wind up using more often anyway, since you can use it to get the “faster” TSA security line for all your flights departing from the US, both international and domestic) is just gravy.

U.S. citizens, U.S. lawful permanent residents and citizens of about 14 other countries are eligible for Global Entry membership. Global Entry, like TSA PreCheck, is a “Trusted Traveler” program. That means you’ve been vetted and they think you’re a low risk to do something dangerous on your plane.

But what if you have some sort of criminal record? Maybe you were caught shoplifting when you were 18 and got charged with a misdemeanor but only had to pay a fine. Or perhaps you drove home from a party when you were in your mid-20s, crashed into a tree, and got a DWI or even a DUI. Or, who knows, maybe you grew up in a tough neighborhood, had a bunch of felonies on your record and were sent to prison. You served your time decades ago, turned your life around and are now a law-abiding citizen.

Can you get still Global Entry with something like that in your past?

Maybe. But don’t get your hopes up.

When you apply for Global Entry, you give your permission for the U.S. Customs & Border Protection Agency (CBP) to do certain background checks on you. The background investigation will include credit and criminal history checks, records checks to verify the citizenship of family members, verification of date of birth, education, employment history, and military history. You can also expect a thorough background check against criminal, law enforcement, Customs, Immigration, Agriculture, and terrorist indices to include biometric fingerprint checks and a personal interview with a CBP officer.

Keeping those in mind, according to CBP, these are the reasons you may be ineligible for Global Entry:

  • Provide false or incomplete information on the application;
  • Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence);
  • Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
  • Are the subject of an ongoing investigation by any federal, state or local law enforcement agency;
  • Have been denied for the purchase of a firearm;
  • Have received a criminal pardon from any country;
  • Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or
  • Cannot satisfy CBP of your low-risk status or meet other program requirements.

Note: if you’ve been denied for the purchase of a firearm, you may be able to challenge the denial.  From CBP:

What can I do if I was denied because of a prior firearm purchase denial?

If you were denied Global Entry status because of any of the other eligibility reasons, you may be out of luck.

But what if your criminal offense was years and years ago?

The government doesn’t spell it out and, anecdotally, it seems to be decided on a case-by-case basis. However if your offense was very minor, and you’ve had a good seven to ten years of showing you’ve been rehabilitated (as proven by being an upstanding citizen) you may be able to qualify for Global Entry.

But if your criminal history is anything worse…say you were arrested and/or convicted for a DUI, even if your conviction was eventually expunged or dismissed, you may be permanently ineligible for Global Entry.

If you weren’t approved for Global Entry, can you appeal?

Yes. From CBP:

In the event you are denied or revoked from the Trusted Traveler Programs, you will be provided information in writing detailing the reason for this action. If you believe the decision was based upon inaccurate or incomplete information, you may request reconsideration through the Trusted Traveler Programs website.

Reconsideration Requests and attachments to the Ombudsman should be in English and must include the following details:

  • Date of denial and denial reason(s) from this letter;
  • Summary of information to further clarify a record or explain an incident or arrest;
  • Court disposition documentation in PDF format for all arrests or convictions, even if expunged; and/or
  • Other supporting documentation you feel may influence the Ombudsman’s decision. Supported formats: PDF, DOCX, DOC, PNG, JPEG, and GIF.
Wait, what’s that thing about being revoked from the Trusted Traveler Program?

Just because you were approved for Global Entry doesn’t mean it’s yours to keep, regardless. I mean, it IS a Trusted Traveler program. So, after you’ve gotten Global Entry status, if you wind up doing anything that would typically make someone ineligible for Global Entry – say, get arrested, bringing forbidden food/plants/animals in from another country (or, where applicable, state), etc., – chances are good you’ll lose your Global Entry status, because, well, you’ve shown them that you can’t be trusted.

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This post first appeared on Your Mileage May Vary

4 comments

Boardingareaflukie August 7, 2023 - 8:23 pm

Data point: In the mid 1960’s my 19 year-old father and his buddy intentionally broke a street light. They got arrested, plead guilty and had to pay a fine.
In his Global Entry interview 50 years later, the interviewer actually brought that arrest up!

He was approved.

Reply
derek August 7, 2023 - 9:04 pm

When I was interviewed, I was told that the interview is not ŕeally an interview but a mini lecture about what not to do. They said if a relative is caught then GE can be denied to close relatives.

Reply
Earl Lee August 7, 2023 - 9:34 pm

The KEY is to be upfront and honest during your interview. When I was in high school I got in a fight defending my friend but the other kid’s parents pressed charges. When the dust settled, I get cleared of all charges and a lawyer even had it removed from my record.

When I first went in for my Global Entry appointment the officer asked if I had ever got arrested. I totally forgot about that incident as it was never on my record. The officer asked again if I was arrested and then I mentioned about that incident in high school which I was totally cleared.

The officer got angry that I lied. I told him that was never on my record and explained the situation and even that it was expunged as the judge agreed I never should have gotten arrested in the first place (I was defending a friend that was getting beat up).

They denied my Global Entry request. When I got the denial letter, I appealed it and they asked for some documents. I had to get a letter from the State where I formally lived showing that I had no criminal record including arrest record. Once I provided that, they granted me the Global Entry card.

The key is to be VERY upfront and honest when they are asking you questions during the interview.

Reply
Taylor August 8, 2023 - 12:28 pm

My partner (35 y/o) and I (46 y/o) each had one misdemeanor DUI in our early/mid 20s and were both approved for Global Entry. We both had PreCheck prior to that. Not sure if taking the interim step between nothing and GE was helpful or irrelevant.

Reply

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