DUI and Global Entry

There are often many collateral consequences that affect drivers who are convicted, or who are merely arrested, for a DUI offense. One of these consequences is that a DUI arrest or conviction can prevent someone from qualifying for global entry in airports. For frequent travelers, this can create problems and frustrations.

Global entry is a program offered by the United States Customs and Border Protection that allows expedited clearance for travelers who have been pre-approved. This is especially helpful for those who engage in frequent international travel and will help speed up the entry process.

In order to qualify for global entry, the traveler must submit an application and go through a criminal background check. The background check would reveal any arrests or convictions on the person’s criminal record. A DUI arrest or conviction can result in the person being denied global entry privileges.

Approximately 3 to 5 percent of all global entry applications are denied, and the applicant is given the reason for the denial. The applicant may be given an opportunity to appeal the denial by submitting documentation regarding the disposition of his or her case.

When a person is arrested for DUI in California, the record of the arrest is communicated to the California Department of Justice, which will enter this information into national databases. If the driver is ultimately convicted of the DUI offense, the conviction would be on the defendant’s criminal record and could prevent him or her from qualifying for global entry. If the criminal charges were dismissed or if no case was ever filed, the DUI arrest may still be on the person’s criminal record that is communicated to the national databases. The DUI arrest itself could disqualify an applicant from global entry consideration. It may be necessary to appeal the denial to show how a DUI arrest did not result in a conviction or criminal charges or any other reason why the application should be granted.

Many people who have been arrested of a DUI offense will expunge their DUI conviction at a later date by filing a successful motion pursuant to California Penal Code Section 1203.4 PC. This motion will result in the charges being dismissed, however Federal authorities may still consider the old conviction to be active and valid in assessing an applicant’s suitability for Global Entry. The expungement may only have been communicated to the California Department of Justice and may not be reflected on national criminal databases. Upon denial of a global entry application, the applicant may be able to show proof that the conviction has been expunged in the appeal process.

In addition to issues with global entry, certain nations may deny entry to U.S. travelers who have DUI convictions on their records. Entry into Canada can be especially difficult for non-Canadian citizens who have been convicted of a DUI offense. Canada can access a person’s United States criminal record and a DUI conviction can result in a denial of a visa. Even those who had a DUI expunged can face difficulty in travelling to Canada and other countries, as it is often the case that the expungement may not appear on the traveler’s national criminal record.

If you have been charged with DUI and have questions about global entry and other collateral consequences, it is imperative that you speak with a respected DUI lawyer as soon as possible. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands the numerous consequences that a DUI may trigger and works hard on behalf of his clients to help avoid these consequences.

For more information about DUI and global entry, and to schedule your free consultation, contact Mr. Kraut 24/7 at (323) 464-6453.