For frequent travelers, Global Entry offers the invaluable benefit of expedited entry into the United States, streamlining customs and immigration processes for those pre-approved as low-risk. However, for individuals with expunged or sealed criminal offenses, the path to Global Entry approval can be uncertain. At National Security Law Firm (NSLF), we have helped many clients in this situation successfully navigate the complexities of the application process. In this blog post, we’ll explain how expunged or sealed offenses can affect your Global Entry eligibility and provide expert guidance on overcoming potential challenges.
Understanding Expunged or Sealed Criminal Offenses
Expunged or sealed offenses refer to situations where a court removes or restricts access to a criminal record, making it invisible to the general public. While expungement may give the impression that the offense no longer exists, it can still appear in certain government background checks, including those conducted by U.S. Customs and Border Protection (CBP) during the Global Entry application process.
Even if an offense is legally sealed or expunged, it may raise questions about your eligibility for Global Entry, as CBP assesses each applicant’s trustworthiness and reliability with a detailed review of their background.
Why and How the Government Can Still See Expunged or Sealed Records
When individuals have their criminal records expunged or sealed, they often assume that these records are no longer accessible. While this may be true for the general public and many private entities, the U.S. government—especially in cases involving sensitive matters like Global Entry applications—can still access expunged or sealed records. Below, we explain why and how this happens.
1. Expunged or Sealed Doesn’t Mean Erased for Government Agencies
While an expunged record may be cleared from public view and sealed records are restricted from general access, the federal government can still access these records for purposes such as security clearances, federal employment, and trusted traveler programs like Global Entry. Expungement or sealing of records typically applies to:
- Public records searches.
- Background checks conducted by private employers.
- Access by private parties or institutions.
However, federal agencies, including U.S. Customs and Border Protection (CBP), can access sealed or expunged records as part of their thorough background checks. These records are stored in national criminal databases such as the National Crime Information Center (NCIC), which government agencies can query when evaluating eligibility for programs like Global Entry.
2. National Databases and Law Enforcement Access
Even after a criminal record is expunged or sealed, the underlying information often remains in federal databases like NCIC, which is managed by the Federal Bureau of Investigation (FBI). These records are available to law enforcement and government agencies during background checks for:
- Trusted traveler programs like Global Entry.
- Security clearance investigations for federal employees.
- Federal employment screenings.
Expungement may prevent private employers or the general public from accessing your records, but law enforcement agencies and certain federal bodies can still retrieve this information if they have the proper clearance.
3. The Purpose of Expungement and Sealing
The purpose of expunging or sealing a record is to give individuals a fresh start, preventing most potential employers or organizations from seeing certain offenses. However, trusted traveler programs like Global Entry rely on extremely thorough security checks to ensure participants do not pose any potential risks.
In these cases, the government takes extra steps to evaluate trustworthiness, eligibility, and national security risks, making it essential that they review a complete picture of an applicant’s history—including any expunged or sealed records.
4. Federal Law Supersedes State Expungement Laws
Expungement laws often differ by state, and while a state may allow for an individual’s criminal record to be sealed or expunged, this does not always apply at the federal level. The federal government is not necessarily bound by state expungement laws and can access sealed or expunged records to assess risk factors during background checks.
This means that even if your state clears your criminal record, the federal government can still access it for purposes such as determining Global Entry eligibility or assessing national security concerns.
5. The Importance of Full Disclosure
Given that the federal government can access expunged or sealed records, it is crucial to fully disclose any criminal history on your Global Entry application. Failing to do so can result in a denial based on inconsistent information or perceived dishonesty. Being upfront and providing context for any expunged or sealed offenses is key to ensuring that your application isn’t automatically rejected for non-disclosure.
Eligibility for Global Entry with Expunged or Sealed Offenses
CBP evaluates Global Entry applications on a case-by-case basis, meaning that individuals with expunged or sealed offenses may still be approved depending on several factors, including:
- Nature of the Offense: The type of offense (e.g., drug-related, theft, DUI) and whether it presents concerns about your trustworthiness.
- Reason for Expungement/Sealing: The circumstances surrounding the expungement or sealing and whether they indicate rehabilitation or a pattern of risk.
- Time Elapsed Since the Incident: How long ago the offense occurred and whether you’ve maintained a clean record since.
- Overall Criminal History: Whether the expunged or sealed offense is part of a larger pattern of behavior or an isolated incident.
Considerations for Recent Expunged or Sealed Offenses
1. Impact on Eligibility
Recent expunged or sealed offenses are more likely to raise red flags during the Global Entry application process. CBP may view recent offenses with increased scrutiny, assessing whether they reflect ongoing concerns about your adherence to the law.
2. Explanation and Context
If your expunged offense occurred recently, it’s critical to provide context. Be transparent about the circumstances of the offense, offering any mitigating factors or explanations that demonstrate it was an isolated incident and doesn’t reflect your overall character.
Example: We helped a client with a recently expunged DUI conviction successfully navigate the process by presenting evidence of their rehabilitation efforts and their long-standing law-abiding behavior before and after the incident.
Considerations for Older Expunged or Sealed Offenses
1. Time as a Mitigating Factor
For expunged or sealed offenses that occurred many years ago, time is often a key mitigating factor. CBP may be more lenient with older offenses, especially if you’ve demonstrated consistent adherence to legal and ethical standards in the years following the incident.
2. Demonstration of Rehabilitation
When dealing with older offenses, it’s essential to emphasize rehabilitation and the steps you’ve taken to become a responsible, law-abiding citizen. CBP will look for signs that the offense was an anomaly in your life and that you’ve actively worked to make positive changes.
Navigating the Global Entry Application Process
To increase your chances of Global Entry approval, especially with an expunged or sealed offense on your record, it’s important to approach the application process strategically. Here’s how:
1. Complete the Application Honestly
Honesty is non-negotiable when applying for Global Entry. Failing to disclose expunged or sealed offenses, even if you believe they don’t need to be mentioned, can lead to automatic denial. CBP may still discover these records during their background check, and any lack of transparency can damage your credibility.
Tip: Disclose any expunged or sealed offenses and explain the circumstances clearly. It’s better to proactively provide context than to be seen as hiding something.
2. Provide Supporting Documentation
To bolster your application, include relevant documentation that demonstrates the expungement or sealing of your offense. This may include:
- Court records showing the expungement order.
- Letters from legal counsel explaining the legal process and confirming that the record has been sealed.
- Character references from employers, community leaders, or mentors that speak to your rehabilitation and current standing.
3. Seek Legal Advice if Necessary
Given the complexities of applying for Global Entry with an expunged or sealed offense, it’s wise to consult with an attorney experienced in global entry appeals. At NSLF, we’ve successfully guided clients through the Global Entry application process and appeals, helping them present the strongest case possible.
Tip: An attorney can help you evaluate whether your expunged offense might pose a problem and, if so, craft a compelling argument for why you should still be considered eligible.
Transparency and Rehabilitation as Key Factors
Applying for Global Entry with an expunged or sealed offense can be challenging, but it’s far from impossible. By approaching the process with transparency, honesty, and a clear demonstration of rehabilitation, you can improve your chances of securing approval. While expunged offenses may still raise concerns, they don’t have to be insurmountable barriers. The key is to proactively address any issues, provide the necessary documentation, and show that you’re committed to adhering to legal standards.
At National Security Law Firm, we specialize in helping clients navigate the complex process of applying for Global Entry with expunged or sealed offenses. If you’ve been denied or are concerned about your eligibility, contact us for expert legal advice and personalized guidance.
Our Guaranteed Global Entry Appeal Service – Get Approved or Your Money Back!
At the National Security Law Firm, we understand how frustrating having your Global Entry denied or revoked can be. That’s why we offer our Guaranteed Global Entry Appeal Service—designed to relieve the stress, handle every step of the appeal, and get you approved quickly. When you choose us, you’re putting your case in the hands of seasoned experts with a track record of success in Global Entry appeals.
Here’s what our comprehensive service includes:
- Guaranteed Approval or Your Money Back:
We are confident in our ability to secure your Global Entry on appeal—we guarantee it. If we fail, we’ll refund your money in full—no questions asked. Your success is our priority. - Quick and Easy Onboarding:
We respect your time. Our fast and straightforward electronic onboarding process takes less than 15 minutes. Once you’re on board, our experienced Global Entry lawyers handle everything, freeing you to focus on what matters most. - Complete Handling of Court Records:
Don’t worry about gathering court documents—we’ve got you covered. Our team will track down and obtain any necessary court records for your appeal, ensuring everything is in order and saving you the hassle. - Expert Analysis of Your Denial:
Unsure why your Global Entry was denied? Our team, with its deep experience in reviewing Security Threat Assessments (STAs) from years working for the government, will thoroughly analyze your case. - Guidance Through the Interview and Renewal Process:
Once your appeal is granted, we’ll continue to guide you through the Global Entry interview and renewal process, ensuring you’re fully prepared and know what to expect. - Insider Tips for Fast Interview Scheduling:
We know how to get your Global Entry interview scheduled quickly and at a convenient location. Our insider knowledge will help you navigate the process smoothly and without delay. - All of this is available for a flat, all-inclusive fee of $2,995.
No hidden charges, no surprises—just straightforward, experienced service from trusted Global Entry appeal lawyers.
With our Guaranteed Global Entry Appeal Service, you’re backed by a team of dedicated attorneys who know the process inside and out. Contact us today to get started!
*The use of the word “guaranteed” in attorney advertisements refers explicitly to a refund policy and does not imply a guarantee of any particular outcome in your legal case. Legal cases are inherently unpredictable, and the result of any legal matter cannot be assured. The National Security Law Firm guarantees that you will receive a full refund of our legal fee if you do not obtain Global Entry on appeal. This guarantee applies solely to the refund and not to the success or outcome of your case.
Get Professional Help and Stay Informed: Join Our Free “Ask a Global Entry Lawyer” Facebook Group!
Have you recently faced a denial or revocation of your Global Entry membership? The appeals process can be complex and overwhelming, but you don’t have to go through it alone. We invite you to join our “Ask a Global Entry Lawyer (Global Entry Q&A)” Facebook Group. In this dedicated space, you can get answers directly from experienced Global Entry lawyers and connect with others facing similar issues.
Why Join Our Facebook Group?
- Experienced Legal Advice for Free: Our skilled Global Entry lawyers are here to provide you with valuable insights, answer your questions, and guide you through the appeal process.
- Community Support: Connect with others who have gone through the same process. Share your experiences, learn from others’ stories, and get support from a community that understands your situation.
- Stay Up-to-Date: Get the latest updates on Global Entry policies, appeal procedures, and best practices to increase your chances of success.
- Easy Access: Simply join the group, post your questions, and get reliable advice from NSLF’s Global Entry lawyers.
Don’t face your Global Entry appeal alone. Join our “Free Global Entry Q&A (Ask a Global Entry Lawyer)” Facebook Group now and get the professional guidance you need to navigate the process confidently.
Explore Our Comprehensive Global Entry Resources
At the National Security Law Firm, we believe in empowering our clients with the knowledge and guidance they need to navigate the complex world of Global Entry. Whether you’ve faced a denial, are confused about your eligibility, or want to know how to maximize your case, we’ve got you covered. Our Global Entry practice area page links to dozens of detailed articles and blogs designed to answer your questions and help you feel confident in every step of the process.
What You’ll Find in Our Resource Library:
- Frequently Asked Questions (FAQs): Not sure where to start? Our FAQs cover everything from basic eligibility to what happens during the Global Entry interview. We break down common concerns and provide straightforward answers.
- Maximizing Your Global Entry Case: Learn expert strategies to strengthen your appeal, avoid common mistakes, and increase your chances of success. Our guides walk you through how to prepare your documentation, handle criminal records, and more.
- Understanding Your Denial: If your Global Entry was denied or revoked and you’re unsure why, we offer detailed resources to help you uncover the reasons and plan your next steps. Our blogs cover everything from criminal records to unexplained denials.
Our extensive collection of articles also covers specific issues like FOIA requests, traffic violations, customs violations, and Global Entry appeals. For a complete list of topics and resources, visit our Global Entry Appeals page and take advantage of the insights shared by our trusted team of Global Entry lawyers.
Our blog posts provide valuable insights and practical advice to help you confidently navigate your Global Entry appeal. For personalized answers and additional guidance, don’t forget to join our “Free Global Entry Q&A (Ask a Global Entry Lawyer)” Facebook Group and connect with our experienced Global Entry lawyers today!
Why Trust the National Security Law Firm?
1. The Insider Advantage
The National Security Law Firm (NSLF) is led by Brett O’Brien, a former Intelligence Law attorney with the Army’s counterintelligence agency. NSLF’s Global Entry team is trusted by countless clients to secure Global Entry privileges for those who have been denied or had their membership revoked. Brett O’Brien developed NSLF’s Global Entry program based on his extensive experience conducting Security Threat Assessments (STAs) for the Army. Global Entry investigations are a type of Security Threat Assessment. Brett’s deep involvement in overseeing these investigations gives NSLF a unique and trusted insider advantage in handling Global Entry appeals.
Don’t make the mistake of trusting civilian lawyers who lack military or intelligence law expertise. They often miss the critical firsthand experience needed to conduct and review STAs for the government—knowledge that is essential for effectively representing you in your appeal or revocation. When you choose NSLF, you are placing your trust in a team with insider knowledge, a proven track record, and an unwavering commitment to securing the best possible outcome for you.
2. Guaranteed Results or Your Money Back
When you hire the National Security Law Firm for your Global Entry appeal or revocation, you can trust that you’re in the hands of experienced, results-driven attorneys. We are so confident in our ability to secure your Global Entry that we offer a guarantee: if we do not succeed in obtaining your Global Entry on appeal, we will refund your money in full. This guarantee reflects the trust we place in our team and our commitment to your success.
3. Trusted by Top Business Leaders
The National Security Law Firm is the nation’s original Global Entry law firm, trusted by top business leaders, CEOs, and executives from Fortune 500 companies and beyond. Our trusted reputation for success in Global Entry appeals makes us the go-to firm for those who cannot afford delays or mistakes.
By partnering with NSLF, you can trust us to handle the complex legal work involved in your Global Entry appeal, allowing you to focus on your business with confidence.
4. Glowing Reviews and Proven Success
Our clients consistently trust us to deliver results, and our track record speaks for itself. NSLF’s Global Entry lawyers have helped numerous clients secure their Global Entry status, and our glowing Google reviews are a testament to the success we’ve achieved. Clients across the nation praise our professionalism, dedication, and unmatched expertise, all of which contribute to our trusted reputation as one of the top Global Entry law firms.
5. The Five Pillars of Success
At NSLF, trust is at the core of everything we do. Our practice is built on our “Five Core Pillars of Success,” which reflect our military-inspired strategy, dedication, and precision in delivering the highest level of legal service. From how we hire and train our attorneys to how we handle every case, these principles are what our clients trust to set us apart from the competition. Visit our About Us page to learn more about the Five Pillars that define our trusted approach and commitment to our clients.
Enlist The National Security Law Firm: Secure Your Global Entry Status Today
When you choose The National Security Law Firm, you’re trusting a team that approaches every Global Entry appeal with the precision, strategy, and determination of an elite military unit. Our insider knowledge and relentless pursuit of success set us apart in helping clients regain their Global Entry privileges. We are committed to securing the best possible outcome for your case.
Take Action Now: Contact us today to schedule a free consultation and take the first critical step toward reclaiming your trusted traveler status. With our proven experience and commitment, we’ll guide you through every phase of the process.
Global Entry Appeals. Done Right.
Don’t wait—begin your Global Entry appeal today. Our onboarding process is fast and easy, and consultations are always free. Schedule your free consultation now and let our trusted team stand by your side in this important journey.
