Criminal Convictions and Global Entry — Many clients ask whether or not you can travel with a DUI to specific countries. A related issue is whether or not you can qualify for Global Entry or TSA Precheck with a criminal conviction.
Global Entry is a program allowing you to be pre-approved for entry into the United States from a flight, cruise ship, or car by participating in a background check, including a criminal check.
Global Entry also includes TSA Pre-Check, in which you are preapproved for less intrusive airport searches and checks when flying within the USA on domestic flights.
So what are the effects of Criminal Convictions and Global Entry?
According to Department of Homeland Security officials, who run the Global Entry and TSA Precheck program, there are differences between Global Entry and TSA Precheck and how they treat convictions.
The following are the guidelines for how Global Entry treats convictions:
1. If you have a felony conviction, that will disqualify you for global entry.
2. If you have a single misdemeanor DUI or other criminal conviction (which used to disqualify you for life), that will disqualify you for 10 years and then you should be eligible after the 10-year hiatus.
3. If you have two misdemeanor convictions, that will disqualify you for global entry.
4. If you a customs violation, like bringing produce in illegally that disqualifies you for life.
The following are the guidelines for how TSA PreCheck treats convictions:
An applicant will be disqualified for life if he or she was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity for any of the following felonies regardless of when they occurred:
- Espionage or conspiracy to commit espionage.
- Sedition or conspiracy to commit sedition.
- Treason or conspiracy to commit treason.
- A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable State law, or conspiracy to commit such crime.
- A crime involving a TSI (transportation security incident). Note: A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C. 70101. The term “economic disruption” does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.
- Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law.
- Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. An explosive or explosive device includes an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841(f), and 844(j); and a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 U.S.C. 5845(f).
- Threat or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility.
- Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the permanently disqualifying crimes.
- Attempt to commit the crimes in items (1)-(4) of this section.
- Conspiracy or attempt to commit the crimes in items (5)-(10) of this section.
Certain crimes will disqualify you for a five year period after the conviction date:
Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including ‘no contest’), or found not guilty by reason of insanity within seven years of the date of the application; OR if the applicant was released from incarceration after conviction within five years of the date of the application.
- Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, the export of, or dealing in a firearm or other weapon.
- Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks).
- Immigration violations.
- Distribution, possession w/ intent to distribute, or importation of a controlled substance.
- Kidnapping or hostage-taking.
- Rape or aggravated sexual abuse.
- Assault with intent to kill.
- Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or comparable State law.
- Violations of the Racketeer Influenced and Corrupt Organizations Act under 18 U.S.C. 1961, et seq., or comparable state law, other than any permanently disqualifying offenses.
- Voluntary manslaughter.
- Conspiracy or attempt to commit crimes
An expungement of your California criminal convictions and Global Entry application or TSA applications may help you qualify for the program, although Global Entry and TSA officials will still see that you have an expungement of a conviction, and you may have to disclose details even with an expungement.
For questions, contact our firm anytime.