Does a DUI or Criminal Record Affect Your DACA?
A criminal conviction or arrest can affect your DACA eligibility — but the answer depends on the specific offense. Some convictions are automatic disqualifiers. Others are evaluated case by case. Consult an attorney before filing any renewal 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
DACA disqualifies you if you have a felony conviction, a 'significant misdemeanor,' or three or more misdemeanors of any kind. A significant misdemeanor includes: any offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or DUI — regardless of whether it was charged as a misdemeanor or a felony. A single DUI conviction is treated as a significant misdemeanor under DACA guidelines.
However, the analysis is not always straightforward. Arrests without convictions generally do not disqualify you, though they must be disclosed. Expunged convictions may still count under DACA guidelines. Whether a particular plea deal resulted in a 'conviction' under immigration law is sometimes different from what the criminal court treated it as.
If you have any criminal history — even an old arrest, a dismissed charge, or an expunged conviction — consult an immigration attorney before filing or renewing DACA. What looks like a minor issue in criminal court can be a major problem in immigration proceedings.
At Gracie Johnson Law, we review criminal history before every DACA application or renewal to identify and address any issues. Call (310) 554-4630.
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Also available in Spanish: ¿Un DUI o Antecedentes Penales Afectan Tu DACA?