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Having a criminal history may impact whether you are eligible to become a US citizen. The first step to determining whether your criminal history impacts your eligibility to become a US citizen is to figure out if you have a criminal history or not. 

You may have a criminal history if, anywhere in the world: 

  • You have been pulled over by the police while driving 
  • You have been in a police car or placed in handcuffs by law enforcement officers 
  • You were charged with a crime, even if the case was dismissed 
  • You have been to court, especially criminal court or immigration court 
  • You have been detained by law enforcement officers, including time spent in jail, prison, or an immigration detention center
  • You have received mail from a courthouse or police department requesting that you come at a specific time 
  • You have been required to pay a fine at court, online, or by mail relating to a speeding ticket, other traffic violation, or court case 

All criminal violations and citations issued by law enforcement must be disclosed on your citizenship application. Even if your case was dismissed or the incident(s) was a long time ago, you must disclose them. 

Serious Criminal Convictions and Conduct

Certain convictions and criminal conduct are more serious than others. More serious crimes may permanently prevent you from being eligible for citizenship or even lead to deportation. The following crimes are considered to be especially serious and may carry serious consequences: 

  • Drug possession and drug trafficking 
  • Rape 
  • Fraud over $10,000 
  • Burglary with a sentence of one year or more in jail 
  • Crimes of domestic violence (for example, violating a restraining order) 
  • Firearms offenses 

*This is not an exhaustive list of convictions or criminal conduct that can carry serious consequences. We encourage you to speak to Project Citizenship to discuss your eligibility for citizenship.* 

Open and Recent Criminal Matters

If you have an ongoing criminal case, you cannot be approved to become a US citizen until it is over. Your case may be ongoing if you are:

  1. Currently on probation
  2. Awaiting trial, or
  3. Have not made required court-ordered payments like restitution or criminal court fees

To be eligible for citizenship, an applicant must prove that they are a person of good moral character. Recent unlawful acts, like criminal convictions, may impact your ability to establish your good moral character. Most applicants must prove they had good moral character in the five years before applying for citizenship. Applicants applying for citizenship through their marriage to a US citizen only have to establish three years of good moral character. 

Good Moral Character and Unlawful Acts

Criminal convictions are not the only kind of unlawful act USCIS may consider when analyzing an applicant’s good moral character. The term “unlawful act” refers to any violation of law within the last five or three years. Examples of unlawful acts include: 

  • Failure to pay federal, state, or local taxes 
  • Falsely claiming to be a US citizen in any context 
  • Failing to register for Selective Service 
  • Males who have lived in the US between ages 18-26 are required to register for Selective Service 
  • Registering to vote or voting in a US election 
  • Willful failure to pay child support/support dependents 
  • Conviction for ANY crime during the last five or three years 

To learn more about the good moral character requirement, read our related resource here.

Next Steps to Consider:

If you are interested in applying for citizenship but are worried about having a criminal record, Project Citizenship can help. Our team can help you determine if you have a criminal history, whether your criminal history impacts your eligibility, and how to prepare for the citizenship process with a criminal history.   

Many people successfully complete the citizenship application process with a criminal record. It is very important to be honest about any criminal incidents in your past so that we can properly advise and prepare you for the citizenship process. Part of advising you will include our legal team reviewing documentation relating to your criminal history. It is necessary to gather your criminal history documentation both for Project Citizenship to assess your eligibility and to ensure you have the correct documents to submit with your citizenship application.  

Obtaining the Right Documentation

How to get documentation of speeding tickets and other traffic violations: 

If you have ever been cited by law enforcement for traffic violations, including speeding tickets, we will need to see your driving record. You can request a copy of your Registry of Motor Vehicles Driving Record here. This will show accidents and driving violations on your record.

How to Get Copies of Certified Criminal Dockets:

If you have ever been charged with a crime, appeared in criminal court, and/or been convicted of a crime, we will need to see certified criminal dockets relating to each criminal case.

If you know what court your criminal case was heard in, you can call the court directly or go there in person to request your certified docket(s). The docket(s) MUST be certified (stamped by the court) for USCIS to accept them. If the clerk says that the court no longer has copies of your record, ask the clerk for a letter stating that the court no longer has the record.

How to get arrest reports: 

If you know what police department pulled you over or arrested you, you can call that police department or go there in person to request a copy of the arrest report. If the police department says that they have no documentation of your arrest(s), ask for a letter stating that they have no records of the arrest(s).

What to do if you don’t remember when or where a criminal incident occurred in Massachusetts: 

You can request your Criminal Offender Record Information (CORI). A CORI is a list of a person’s criminal arrests, appearances, and convictions in Massachusetts. Your CORI will help you figure out what courts or police departments you’ll need to contact for certified dockets or arrest reports. It does not replace the need to obtain certified dockets or arrest reports. 

You can request your CORI online here. It costs $25.00 to request it, but if you receive public benefits or have a low income, you may be able to request it for free. 

Sometimes a CORI may not include all criminal incidents in your past. If you are concerned that your CORI is not complete, please contact Project Citizenship for assistance.  

Interested In Applying for U.S. Citizenship?

Schedule an Eligibility Call With Project Citizenship