DUI and Global Entry

DUI and Global EntryThere 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.

What is Global Entry?

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.

Global Entry and DUI

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.

Expungement May Not Affect Global Entry

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.

Other Problems Facing International Travelers

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 888-334-6344 or 323-464-6453.

Share |
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs!
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.