Greenlit VisaIndependent attorneys · California

Citizenship

Applying for citizenship with a criminal record

Greenlit Visa · · 3 min read

A criminal record does not automatically rule out US citizenship, but it is the area where an N-400 most often goes wrong. USCIS must find that you have shown good moral character during the statutory period, usually five years or three years before filing and continuing until the oath. Some convictions are permanent bars, others are bars only during the statutory period, and others are weighed with everything else. Because the application asks about every arrest and because a conviction can also make a green card holder removable, have your record reviewed before you file.

How good moral character works

The Immigration and Nationality Act lists conduct that prevents a finding of good moral character. Some bars apply for life, such as a conviction for murder or for an aggravated felony on or after November 29, 1990. Others apply only if the conduct occurred during the statutory period, such as certain controlled substance offenses, two or more offenses with combined sentences of five years or more, or spending 180 days or more in jail as a result of convictions.

Beyond the listed bars, officers may find a lack of good moral character for other unlawful acts during the statutory period, and they may consider older conduct when evaluating your character overall. Driving under the influence, failure to pay court-ordered child support and failure to file required tax returns are common issues.

Disclose everything, including expunged cases

The N-400 asks whether you have ever been arrested, cited, detained or charged, anywhere in the world, even if the case was dismissed. Records that were sealed, expunged or reduced under California law, for example under Penal Code section 1203.4, generally still have to be disclosed, and USCIS usually still treats an expunged conviction as a conviction for immigration purposes.

Failing to disclose a record can be worse than the record itself, because false testimony to obtain an immigration benefit is a separate bar to good moral character. Bring certified copies of the complaint, the plea or verdict, the sentence and proof of completion for every case.

  • Request certified dispositions from each court where you had a case.
  • Include traffic matters that involved alcohol, drugs or an arrest.
  • Keep proof that fines, probation and any restitution were completed.

When applying can lead to removal

Filing an N-400 invites USCIS to look at your whole record. If a past conviction makes you deportable, for example an aggravated felony or certain drug or firearm offenses, the officer can deny the application and the government can begin removal proceedings. Some people who were admissible when they got their green card are deportable today because of a later conviction.

An independent immigration attorney can compare your record with the deportability and good moral character rules, tell you whether to wait until a conditional bar ends, and consider whether post-conviction relief in state court is worth exploring before you file.

Your next steps

  • Disclose every arrest and citation on the N-400, including dismissed, sealed and expunged cases.
  • Some convictions bar citizenship permanently, others only during the statutory period, so timing your application matters.
  • Have an attorney review certified court records before you file, because an N-400 can expose a removable green card holder to removal proceedings.

Sources and legal basis

General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.

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