The answer to this question will almost always be emphatic: yes, you should disclose the record even though it has been expunged.

Although expungement laws vary from state to state, generally speaking, they are not actually deleted or destroyed when criminal records are expunged.  Instead, they are isolated and/or extracted.  This simply means that they are restricted from public view.  After expungement, your arrest record will no longer show up when a private background check company runs your arrest record.  Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record.

Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.  Thus, agencies such as the Transportation Security Administration (TSA), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), and Federal Bureau of Investigation (FBI), for example, will most likely still be able to see your expunged records.

Thus, because the TSA likely already knows about your expunged criminal record, it is always best to be honest and forthright throughout the Global Entry application process and to admit to the expunged offense.  If you fail to admit to the offense because it was expunged, TSA will often deny your Global Entry application because you provided false information.  In addition, not only could your Global Entry application be denied for providing false information, but it’s also possible that you could be subject to additional penalties for falsification of records.  Although actual prosecution in this scenario would be quite rare (given the fact that TSA would have to prove that you “knowingly and willfully” provided false information), making a false representation in this manner could also result in your being denied any other type of application you may make in the future for any benefit pursuant to U.S. immigration laws.

During the interview, you can expect to be asked questions about your criminal history. Our advice is that you should assume that your interviewer already knows the answer to every question and that they are simply testing your truthfulness.

Thus, during your interview, you should demonstrate that you are honest and forthcoming.  Although any type of criminal conviction could disqualify you from being eligible for Global Entry, it is still possible that your application could be approved, despite your criminal conviction.  In determining whether or not your conviction will bar you, the TSA will consider several factors.

If your offense was dismissed, expunged, minor, or from several years or even decades ago, these mitigating factors should help your case.  It is, therefore, vital that you bring documentary evidence (i.e., court records relating to the offense) to your interview to support any of those facts.  Not only will this demonstrate that you are honest and credible, but the additional documentary evidence you provide could mean the difference between your application being granted or denied.

But my lawyer told me that once my record was expunged, I would no longer have to disclose it.

Even if the lawyer who represented you on your underlying criminal offense and/or expungement advised you that you would not have to disclose the expunged record in the future, in most cases, you should still disclose the arrest.  Criminal lawyers and expungement lawyers generally advise their clients that once their record is expunged, they will no longer have to disclose it.  For the most part, this advice is true, especially in the contact of applying for employment in the private sector.  There are, however, exceptions to every rule.

As explained above, expungement laws vary by state.  Most expungement statutes contain an exception that requires the disclosure of expunged records to law enforcement agencies.  For example, New Jersey’s expungement statute requires disclosure of expunged records to the judicial branch and any law enforcement or corrections agencies.  As the TSA would be considered a law enforcement agency, disclosure of the expunged record to the TSA would be required pursuant to New Jersey’s expungement law.

In addition, even if your state’s expungement statute could be interpreted as not requiring the disclosure of expunged records even to law enforcement agencies, disclosure is almost always recommended.  The federal government is simply under no obligation to honor state laws regarding the expungement of criminal records, the effect of an expungement, or the disclosure of expunged records.

In short, regardless of what your attorney advised you regarding the effect of expungement, the bottom line is that the TSA has and will continue to deny Global Entry applicants for failing to disclose expunged records.

I disclosed my expunged record and my Global Entry application was denied.  Now what?

Unfortunately, despite your candor, your Global Entry application was denied due to your expunged criminal record.  It happens.  The good news is that you can appeal that decision to the Customs and Border Patrol (CBP) Ombudsman, the TSA enrollment center where your interview was conducted, and/or the DHS Traveler Redress Inquiry Program (TRIP).  In your appeal you will want to mention the fact that you were honest and forthright about the offense, a factor that will weigh heavily in the determination as to whether or not you qualify as low-risk status for Global Entry eligibility purposes.

On the other hand, if you were not truthful about your expunged criminal record, your chances on appeal will be significantly lower.  The expunged criminal record stands in your way, and you provided false information during the application process.  From a credibility standpoint, you will have a much harder time convincing the TSA of your low-risk status.

Success Stories from NSLF

The Global Entry appeal lawyers at The National Security Law Firm have successfully represented numerous clients who failed to disclose their expunged records. Many applicants genuinely misunderstood the nature of their expungement orders and believed they were allowed to omit these details. Our experienced attorneys have effectively argued that these clients were under the impression that expungement meant they no longer needed to disclose the records.

By demonstrating that the failure to disclose was not intentional and providing strong supporting evidence, we have been able to overturn many denials. Our lawyers meticulously prepare appeals, emphasizing our clients’ honesty and willingness to comply with the requirements once they understand them fully. This approach has led to many successful outcomes, allowing our clients to obtain or retain their Global Entry privileges.

Conclusion

In short, disclosing expunged records during your Global Entry application is critical. Honesty and transparency are essential to avoid denial and potential penalties. If you face challenges in this process, the Global Entry appeal lawyers at The National Security Law Firm are here to help. Our team has a proven track record of successfully handling cases involving expunged records. Contact us for expert guidance and support to ensure your application process is as smooth as possible.

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.

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