Can You Apply for Citizenship With a Criminal Record?

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.