The Biggest Mistake Travelers Make Is Assuming Expunged Means Invisible

One of the most common questions we receive is: if my criminal record was expunged or sealed, do I still need to disclose it on my Global Entry application?

The answer is usually: yes. And failing to disclose an expunged or sealed record is one of the most common reasons travelers run into problems with Global Entry.

Many people assume that expungement means the record no longer exists — and that may be true for many private employers, landlords, and public background checks. It is often not true when dealing with the federal government. For purposes of Global Entry, CBP may still have access to information relating to expunged, sealed, or otherwise restricted criminal records. That reality surprises many applicants — and it often becomes the starting point for a denial.

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The Biggest Misconception About Expunged Records

Many travelers believe the record was expunged, so it no longer matters. That is not necessarily how CBP views the situation. Global Entry is a trusted traveler program — the government is attempting to determine whether an applicant qualifies as a low-risk traveler under 8 CFR § 235.12. The government’s concern is often not was the record expunged? The government’s concern is often: what does the underlying incident tell us about risk and trustworthiness today? Because an expunged record can still be relevant even when the record has been removed from public view.


Do You Have to Disclose an Expunged Record?

In most cases, the safer approach is complete transparency. One of the most common reasons applicants encounter problems is not the underlying offense itself — it is the failure to disclose it. If CBP discovers information that was omitted from the application, the issue may become the omission rather than the underlying offense. And in many cases, that is a much harder issue to overcome. Should you disclose expunged records during the Global Entry application process?


Can You Still Be Approved?

Sometimes. An expunged or sealed offense does not automatically mean a Global Entry denial — but an expungement also does not automatically guarantee approval. The outcome depends on the overall facts, including the nature of the offense, how long ago it occurred, whether it was isolated, evidence of rehabilitation, employment history, military service, security clearance history, and the overall record. What makes a good or bad Global Entry appeal case?


Why Some Expunged Record Cases Are Stronger Than Others

Stronger cases often include: ✔ Old offense, ✔ Isolated incident, ✔ Significant rehabilitation, ✔ Strong employment history, ✔ Positive references, ✔ Long period of compliance, ✔ Extensive mitigation.

More difficult cases often include: ✖ Recent offense, ✖ Multiple incidents, ✖ Omission of the record, ✖ Limited mitigation, ✖ Other risk concerns.

The key question is usually not was the record expunged? The key question is: why should this traveler still be considered a low-risk traveler today? Global Entry Appeal Success Factors.


What Most Lawyers Miss About Expunged Record Cases

Many lawyers approach these matters as criminal-record cases. We view them differently. Global Entry appeals are fundamentally risk-assessment cases. The question is not simply what happened? The question is: why does the government believe this traveler may not qualify as a low-risk traveler? Understanding that distinction often changes the records that matter, the mitigation that matters, the evidence that matters, and the overall strategy.

Related Resource: What Most Lawyers Miss About Global Entry Appeals


Why Some Travelers Hire National Security Law Firm

Expunged-record cases often involve missing records, old court files, disclosure issues, government database issues, and mitigation development. Our role is not simply to write an appeal letter. In many cases we help identify the government’s concern, obtain records, develop mitigation, and prepare a complete appeal package. Many appeal packages include a 7–10 page attorney-written appeal supported by 20–50 pages of records, exhibits, reference letters, and mitigation evidence. Sample Global Entry Appeal Package.

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The Bottom Line

An expunged or sealed criminal record does not automatically prevent Global Entry approval. However, it also does not make the underlying issue disappear for purposes of federal vetting. The most important mistakes to avoid are assuming the government cannot see the record, failing to disclose it, and focusing solely on the expungement rather than the broader risk analysis. The strongest cases are usually built on transparency, strong records, substantial mitigation, and a clear explanation of why the traveler should still be considered a low-risk traveler today. How to appeal a Global Entry denial.


Flat-Fee Global Entry Appeal Representation

National Security Law Firm handles Global Entry and Trusted Traveler Program appeals on a $2,995 flat fee with a full legal-fee refund if the appeal is not successful. 

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