Global Entry After a DUI, Arrest or Expunged Record

An arrest from years ago, or a case a court has since dismissed or expunged, can still lead to a denial or a revocation. The reason is simple: CBP’s rule is about arrests, not only convictions, and it covers every country. This guide explains what the rule says, which records CBP asks you to supply, and the order the kit’s Reason B page works in. It’s general information, not legal advice.

What CBP’s rule covers

The Global Entry regulation says a person is ineligible if CBP, “at its sole discretion”, decides they present a potential risk or are otherwise not a low-risk traveler. Among the reasons an applicant may not qualify, it lists someone who “has been arrested for, or convicted of, any criminal offense or has pending criminal charges or outstanding warrants in any country” (8 CFR 235.12(b)(2)(ii)). A membership can also be removed if CBP decides a member has been arrested or convicted of a crime (8 CFR 235.12(j)(2)(iv)).

Three things follow from that wording:

An arrest counts even without a conviction. The rule names arrests separately from convictions.
Pending charges and outstanding warrants count too, while they remain open.
“In any country” means what it says. An arrest abroad is covered in the same way as one at home.

CBP’s eligibility page and FAQ also list driving under the influence, a denied firearm purchase and a criminal pardon.

Does a DUI disqualify you from Global Entry?

CBP’s eligibility page lists, among the reasons you may not be eligible, having “been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence)”. So a DUI conviction, or a DUI charge that hasn’t been resolved, is a factor CBP can rely on.

It isn’t a fixed bar written into the regulation, though. The regulation frames every factor as a reason an applicant “may not qualify”, leaves the risk decision to CBP’s discretion, and gives a way to ask the CBP Trusted Traveler Ombudsman to reconsider (8 CFR 235.12(k)(2)). GAO describes the Ombudsman’s guidance as generally weighing how long ago an offense happened, how severe it was, and whether the traveler has kept a clean record in recent years (GAO-24-106314, p. 25). Nobody can tell you in advance how CBP will weigh a particular record, and this guide doesn’t try.

A DUI that is still pending is different. While a charge is open, a request or a new application would be judged against that same open factor. The kit says to speak to your defense lawyer before writing anything about a pending case.

Dismissed, sealed or expunged records

CBP’s Trusted Traveler Program Denials page asks for “court disposition documentation in PDF format for all arrests or convictions, even if expunged”. The TTP website FAQ says the same. An expungement doesn’t mean CBP stops asking about the arrest.

The reason documents matter so much is that vetting databases can show an arrest without showing how it ended. GAO gives the examples of a traveler who wasn’t convicted, and one whose charge was reduced from a felony to a misdemeanor (GAO-24-106314, pp. 21–22). A dismissal only helps you if the reviewer can see it. GAO also reports that travelers are solely responsible for providing the documents, and that the Ombudsman doesn’t obtain court or police records for you (p. 24 and footnote 39).

If a record is sealed, ask the court how the person named in it can get a copy. The rules vary by state, so check with the court; a lawyer can help if access is refused.

The records CBP asks for

Record	Who holds it	Why it matters
Certified disposition for each arrest	The clerk of the court that heard the case; federal cases are on PACER, whose copies aren’t certified	The document CBP asks for on every arrest, even if expunged
Expungement or sealing order	The same court	Shows what happened to the record afterwards
FBI Identity History Summary	The FBI, requested as CBP’s FAQ describes	Shows the arrests federal checks see; the outcome may be missing
State criminal history	Your State Identification Bureau	Where most state record corrections are made
Proof a sentence was completed	The court, or whoever supervised the sentence	Probation discharge, fines or restitution paid
If no charges were filed	The court or the arresting agency	Whatever document they issue to show that

Scan each disposition to PDF, every page and legible, one file per case, because CBP asks for dispositions in PDF. If a record isn’t in English, attach an English translation with the original.

Five steps, in this order

List every arrest, citation and charge, anywhere, however old. Compare the list with what you put on your application.
Check what the government’s records show. CBP’s FAQ explains how to request your FBI Identity History Summary, and says errors are corrected through the agency that sent the record or your State Identification Bureau.
Get a disposition for each arrest from the court clerk: a certified copy of the final outcome if the court offers one.
Expunged or sealed? CBP still asks for the disposition. Ask the court how you can get a copy.
Special cases. For a denied firearm purchase, CBP’s FAQ points to the FBI’s NICS appeal process. For a pardon, attach the pardon document. With pending charges, speak to your defense lawyer first.

If your letter is vague and doesn’t say an arrest is the reason, ask the enrollment center first. A 2014 CBP memo to enrollment-center officers, internal guidance that CBP published on cbp.gov in 2025, says officers “may disclose” CBP information such as criminal records and fingerprint results “to the extent consistent with law and CBP policy”, and lists information they should not provide. It isn’t a regulation, and it doesn’t promise what you’ll be told.

Reason B, step by step, with a letter template

The kit’s Reason B page takes you through these steps. It comes with a court-records checklist, a template for asking a court clerk for a certified disposition, an arrest letter template, and Marcus’s complete letter, which puts his arrest in a table the reviewer can check in seconds.

Get the kit for $49 Decode your letter

A 33-page self-help e-book, 8 editable templates and a planner. Not legal advice.

A worked example (fictional)

Marcus isn’t a real person.

In 2009 Marcus was arrested after an argument outside a restaurant and charged with a misdemeanor. The case was dismissed in 2010 and expunged in 2015. His Global Entry renewal was denied on June 2, 2026, with the letter citing “one or more arrests”.

His plan in the kit: request his FBI Identity History Summary, which shows the arrest with no outcome; ask the county court clerk for a certified copy of the dismissal entry and the expungement order; write his request with a one-row table of the arrest (date, agency, charge, court and case number, outcome, attachment numbers); and file once the court copies arrive. His letter says the record was expunged and includes it anyway, as CBP asks.

The part that does the work is the match between the letter and the documents. For how the whole request fits together, see our sample reconsideration letter, explained.

If the arrest wasn’t on your application

“False or incomplete information on the application” is a separate reason CBP may rely on (8 CFR 235.12(b)(2)(i)), and giving false information in the application can be a reason for removal (8 CFR 235.12(j)(2)(ii)). If you left an arrest off because you believed an expunged record didn’t need listing, say so plainly, give the complete information now with the records, and confirm the rest of the application is accurate. Cover every arrest in the same request, not just the one you think triggered the decision.

When to see a lawyer first

pending charges, outstanding warrants or an investigation;
several arrests, a felony, or convictions abroad;
sealed records you can’t obtain;
you aren’t a U.S. citizen, including a green-card holder: speak to an immigration lawyer before you describe any arrest to CBP.

Our guide on whether you need a lawyer sets out when the kit says to get one, and which kind. While you wait, TSA PreCheck runs on TSA’s own criteria, which are different from CBP’s: see TSA PreCheck after a Global Entry denial.

From the arrest record to a complete request

The kit’s records pack says who holds each record and how to get it, and the planner puts your court and FOIA requests on one timeline. Then the arrest letter template turns them into one request that answers everything.

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Independent, not affiliated with CBP, DHS, TSA or any government agency. No outcome is promised.

Official sources

This guide is general information about processes the U.S. government publishes. It is not legal advice, and it is not affiliated with CBP, DHS, TSA or any government agency. Nothing here predicts or promises an outcome.