Can You Apply for Citizenship With a Criminal Record?
A criminal conviction does not always prevent you from naturalizing, but it can — and some convictions are absolute bars to citizenship. The impact depends heavily on the type of offense, when it occurred, and how you have conducted yourself since. Never file an N-400 without consulting an attorney if you have any criminal history.
Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536
Last reviewed: July 2, 2026
Naturalization requires that you demonstrate 'good moral character' for the statutory period — typically 5 years before filing (or 3 years if married to a US citizen). Certain criminal convictions permanently bar you from naturalizing: murder and any aggravated felony conviction that occurred on or after November 29, 1990.
Other convictions create conditional bars: confinement in jail for 180 days or more during the good moral character period, conviction for two or more offenses (excluding purely political offenses) where the combined sentences were 5 years or more, and any drug-related offense (with narrow exceptions). These bars apply during the statutory period and may prevent naturalization if the offense falls within those years.
Some convictions — including many misdemeanors — do not automatically bar good moral character but require a case-by-case analysis. Arrests without conviction, juvenile adjudications, expunged offenses, and minor traffic violations are evaluated differently. However, failing to disclose any criminal history on the N-400 is a misrepresentation that can result in denial and potential deportation.
Do not assume your record is clean enough to file without review. Contact Gracie Johnson Law at (310) 554-4630 before filing your N-400 if you have any criminal history whatsoever.
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Also available in Spanish: ¿Puede Solicitar la Ciudadanía con Antecedentes Penales?