N-400 Denied for Criminal History? Can You Still Naturalize?

If USCIS denied Form N-400 because of criminal history, the denial does not necessarily mean that the applicant can never become a U.S. citizen. But some criminal records create much more serious naturalization problems than others.

The correct analysis depends on the actual offense, criminal statute, disposition, sentence, date of the conduct, date of conviction, and the particular federal immigration rule that applies.

A dismissed arrest, an old misdemeanor, a DUI, a drug conviction, a crime involving moral turpitude, and an aggravated felony should not be treated as though they have the same naturalization consequence.

Before filing another N-400 or challenging the denial through Form N-336, determine exactly what USCIS found and whether the criminal record legally supports that finding.

Can You Become a U.S. Citizen With a Criminal Record?

Possibly.

Having a criminal record is not itself one universal statutory bar to naturalization. Federal naturalization law instead contains several different rules governing criminal conduct and good moral character.

Depending on the record, a criminal case may:

create a permanent bar to establishing good moral character;
create a bar when the offense occurs during the applicable statutory period;
fall within an exception to a particular bar;
be considered as part of a broader good moral character determination;
remain relevant even though the conduct occurred many years ago;
have no automatic disqualifying effect but still require explanation; or
create a separate immigration problem extending beyond naturalization.

That is why the words “misdemeanor,” “felony,” “dismissed,” or “expunged” do not by themselves answer whether someone can naturalize.

Why Does Criminal History Affect Naturalization?

Most naturalization applicants must establish good moral character during an applicable statutory period.

The ordinary statutory period is generally five years before filing Form N-400. Many applicants naturalizing through marriage to a U.S. citizen use a three-year statutory period.

The requirement continues through admission to citizenship and the Oath of Allegiance.

Certain criminal conduct prevents an applicant from establishing good moral character. Other conduct permits USCIS to evaluate the record on a case-specific basis.

Criminal history can also matter for a separate reason. Certain offenses may raise questions about removability, admissibility, or whether the applicant was lawfully admitted as a permanent resident.

Those consequences should be evaluated before treating the case as only an N-400 problem.

Some Criminal Convictions Create Permanent Good Moral Character Bars

The most important initial question is whether the conviction falls within a permanent statutory bar.

Under current naturalization law, a conviction for murder prevents an applicant from establishing good moral character.

An applicant convicted of an offense classified as an aggravated felony under INA § 101(a)(43) on or after November 29, 1990 is also permanently barred from establishing good moral character for naturalization.

The phrase “aggravated felony” has a specialized meaning under federal immigration law. It does not simply mean that the state court called the offense an aggravated crime or felony.

Determining whether a conviction qualifies may require analysis of:

the statute of conviction;
the statutory elements;
the record of conviction;
the sentence;
the conviction date; and
the applicable federal immigration definition.

If USCIS denied naturalization by classifying an offense as an aggravated felony, that classification should be examined carefully before assuming the denial is legally correct.

Crimes Involving Moral Turpitude Can Affect Good Moral Character

A crime involving moral turpitude, commonly called a CIMT, can create a conditional bar to establishing good moral character when the applicable requirements are met during the statutory period.

There is no single list of every offense that constitutes a CIMT. Whether an offense qualifies frequently depends on the elements of the particular criminal statute and controlling immigration law.

Offenses involving fraud or theft commonly require CIMT analysis, as do certain crimes against persons, property, family members, or government authority.

A similarly named crime may have different immigration consequences in different states because the statutory elements may differ.

The Petty Offense Exception May Matter

Not every single CIMT necessarily creates the same result.

USCIS recognizes a petty offense exception in qualifying cases. Generally, the exception may apply when:

the applicant has committed only one CIMT;
the maximum possible sentence for the offense does not exceed one year; and
the sentence actually imposed was six months or less.

Whether the exception applies requires review of the actual offense and criminal record.

An applicant should not assume that a misdemeanor automatically qualifies for the petty offense exception or that a felony label automatically prevents its application. The federal requirements control.

Controlled-Substance Offenses Require Particular Caution

Drug-related criminal history can create serious naturalization and immigration consequences.

Current USCIS guidance provides that certain violations of federal, state, or foreign controlled-substance law during the statutory period prevent the applicant from establishing good moral character.

There is a limited exception involving a single offense of simple possession of 30 grams or less of marijuana, but the scope of the exception should be analyzed carefully.

Marijuana creates an additional complication because conduct permitted under some state laws may still violate federal controlled-substance law.

An applicant should therefore not assume that a state legalization, dismissal, diversion program, or expungement resolves the federal naturalization issue.

Does a DUI Prevent U.S. Citizenship?

A DUI does not have one automatic naturalization consequence in every case.

The analysis may depend on the particular offense, number of incidents, other criminal conduct, statutory period, alcohol-related evidence, probation, and the broader record.

Current USCIS guidance provides that two or more DUI convictions during the statutory period create a rebuttable presumption that the applicant lacks good moral character.

That is different from saying that every applicant with one historical DUI is permanently barred from becoming a citizen.

The Messersmith Law Firm, P.A. previously represented a naturalization applicant whose old DUI raised a good moral character concern. The firm presented rehabilitation evidence and supporting legal authority, and USCIS approved citizenship at the naturalization interview.

See: N-400 Approved Despite Prior DUI and Good Moral Character Concern.

Prior results do not guarantee the same or a similar outcome in another case.

Can You Naturalize With an Old Misdemeanor?

Potentially.

The fact that a state classified an offense as a misdemeanor does not determine its treatment under federal immigration law.

An old misdemeanor should be analyzed by examining:

the criminal statute;
the elements of the offense;
the plea or verdict;
the final disposition;
the sentence;
the date of the conduct;
the date of conviction; and
the applicable naturalization provision.

The firm previously represented another naturalization applicant whose old misdemeanor raised good moral character questions. Legal documentation was submitted explaining why the offense did not disqualify the applicant, and USCIS approved the N-400 following the interview.

See: N-400 Approved After Prior Misdemeanor Raised Criminal Record Questions.

Does a Dismissed Criminal Charge Affect Naturalization?

A dismissal can be important, but the word “dismissed” does not always end the immigration analysis.

The first step is to determine what actually happened in court.

Questions may include:

Was the charge dismissed without any plea?
Did the applicant plead guilty or no contest before dismissal?
Was punishment, a penalty, or restraint imposed?
Was the case resolved through diversion or deferred adjudication?
Was the conviction later vacated?
Why was it vacated?

Immigration law uses its own federal definition of a conviction. A state procedure that ultimately produces no conventional conviction on a criminal background check may still require immigration analysis.

Does Expungement Erase a Conviction for Naturalization?

Not necessarily.

USCIS expressly states that a record of conviction that has been expunged does not automatically remove the underlying conviction for immigration purposes.

The effect of post-conviction relief may depend on what the court did and why it did it.

An applicant whose case was expunged, sealed, vacated, set aside, or dismissed after a plea should obtain the underlying court records rather than assuming the case no longer needs to be disclosed or analyzed.

Can an Arrest Without a Conviction Affect Naturalization?

An arrest is not the same thing as a conviction.

But an arrest may still require disclosure and documentation during the naturalization process.

USCIS requires applicants in applicable cases to provide certified court dispositions and other records regarding arrests and criminal proceedings.

USCIS may also examine reliable evidence concerning conduct even when a particular good moral character provision does not require a conviction.

The distinction between an arrest, allegation, admission, criminal conviction, and proven unlawful act therefore matters.

Can USCIS Consider a Crime From More Than Five Years Ago?

Yes.

One of the most common misconceptions is that USCIS cannot look at criminal history older than five years.

The normal statutory period does not erase the applicant's earlier history.

Federal regulations allow USCIS to consider conduct preceding the statutory period when the applicant's conduct during the statutory period does not demonstrate reform or when the earlier conduct appears relevant to present moral character.

Older conduct nevertheless may have a different legal consequence from conduct occurring within the statutory period.

The important questions include:

Does the conviction create a permanent bar?
Did the relevant conduct occur within the statutory period?
Is USCIS treating the offense as a conditional statutory bar?
Is USCIS instead considering it as evidence of present character?
What has occurred since the offense?

What If You Are Still on Probation or Parole?

The timing of the N-400 may matter if a criminal sentence has not been fully completed.

Under the good moral character regulations, USCIS will not approve naturalization while an applicant remains on probation, parole, or a suspended sentence.

The existence of probation or parole during part of the statutory period does not necessarily create a permanent naturalization bar, but the criminal conduct itself must still be analyzed separately.

Multiple Convictions Can Create Additional Problems

An applicant with more than one criminal case should not analyze each case entirely in isolation.

Federal naturalization rules include provisions addressing multiple offenses, aggregate sentences, periods of incarceration, repeated crimes involving moral turpitude, and patterns of conduct.

For example, certain applicants convicted of two or more offenses for which the combined sentences reach the statutory threshold may be unable to establish good moral character during the relevant period.

Similarly, confinement resulting from criminal convictions can produce a separate GMC problem when the statutory requirements are met.

Could the Criminal Record Affect More Than the N-400?

Yes. This is one of the most important questions to consider before challenging a denial or filing another naturalization application.

Some criminal offenses can potentially affect:

removability from the United States;
admissibility after foreign travel;
eligibility for immigration benefits;
the lawfulness of the original permanent residence; or
other aspects of the applicant's immigration status.

USCIS conducts criminal background and security checks during naturalization. Filing N-400 also places the applicant's immigration history before the agency for review.

For that reason, an applicant with potentially serious criminal history should consider Naturalization Risk Before Filing rather than assuming the worst possible consequence is simply denial of citizenship.

What Should You Do After an N-400 Criminal History Denial?

Start with the denial notice and the actual criminal record.

1. Obtain the Complete Court Record

Do not rely solely on memory, an online background report, or the name commonly used for the offense.

Obtain available certified records showing the charge, plea, conviction, dismissal, sentence, and final disposition.

2. Identify the Statute of Conviction

The statute and its elements can be more important than the informal name of the offense.

A conviction called “theft,” “assault,” or “fraud” may require analysis of the precise statutory subsection.

3. Determine Which Naturalization Rule USCIS Applied

Did USCIS claim:

a permanent aggravated-felony bar;
a crime involving moral turpitude;
a controlled-substance bar;
multiple criminal convictions;
excessive incarceration;
habitual drunkenness;
an unlawful act adversely reflecting on character; or
a broader failure to establish good moral character?

The response should address the provision USCIS actually used.

4. Determine Whether USCIS Correctly Characterized the Conviction

A denial may be challengeable if USCIS used the wrong statute, misunderstood the disposition, treated a non-conviction as a conviction, misclassified the offense, overlooked an exception, or applied the wrong time period.

5. Evaluate Immigration Consequences Beyond Citizenship

Before returning the case to USCIS, determine whether the criminal record creates potential risks to permanent resident status.

Should You File N-336 After a Criminal-History Denial?

If USCIS incorrectly denied the N-400, the applicant may request administrative review through Form N-336.

USCIS currently instructs applicants to file Form N-336 within 30 calendar days after receiving the denial, or 33 calendar days if USCIS mailed the decision.

The N-336 proceeding involves de novo review of the naturalization application.

A criminal-history N-336 may potentially address:

an incorrect description of the criminal record;
an erroneous aggravated-felony classification;
an incorrect CIMT determination;
failure to apply the petty offense exception;
incorrect treatment of a dismissal or post-conviction order;
an error concerning the statutory period;
an unsupported finding concerning the underlying conduct; or
another factual or legal error in the denial.

Should You Wait and File Another N-400 Instead?

Sometimes waiting and refiling can be more appropriate than challenging the original decision.

For example, a criminal issue occurring within the statutory period may have a different effect after additional time has passed.

But waiting does not cure every criminal problem.

A permanent bar remains a permanent bar unless the legal premise for the bar changes. Certain older conduct may also remain relevant to present moral character.

Before refiling, determine whether the legal problem identified in the first denial has actually changed.

See: Can You Reapply for Citizenship After an N-400 Denial?

Questions to Ask Before Filing Another N-400

What exactly was the criminal charge?
What statute and subsection applied?
Was there a conviction for federal immigration purposes?
What was the final disposition?
What sentence was imposed?
When did the conduct and conviction occur?
Does USCIS claim a permanent or conditional GMC bar?
Does an exception apply?
Was the conviction expunged, vacated, or otherwise modified?
Why was post-conviction relief granted?
Could the conviction create a removal or admissibility problem?
Is the N-336 deadline still open?

Frequently Asked Questions

Can I become a citizen if I have a misdemeanor?

Possibly. The misdemeanor label does not determine the federal immigration consequence. The offense, statutory elements, disposition, sentence, timing, and applicable naturalization rule must be reviewed.

Can I become a citizen with a felony?

It depends on the offense and immigration classification. An aggravated felony conviction on or after November 29, 1990 creates a permanent bar to establishing good moral character for naturalization. Not every offense labeled a felony under state law necessarily falls within the federal aggravated-felony definition.

Can I become a citizen if my criminal case was dismissed?

Potentially. The reason and procedure for the dismissal matter. A case involving a plea, diversion, deferred adjudication, or other criminal procedure may require further analysis under the federal immigration definition of a conviction.

Do I have to disclose an expunged conviction on N-400?

An expungement does not necessarily erase the conviction for immigration purposes. Applicants should review the current N-400 questions and instructions carefully and should not assume that sealing or expungement makes the underlying case irrelevant.

Can USCIS see sealed or expunged criminal cases?

Naturalization involves criminal background and security checks, and USCIS requires documentation concerning applicable criminal history. Applicants should approach the N-400 based on the disclosure requirements rather than assuming a record will remain invisible.

Can an arrest without conviction cause an N-400 denial?

An arrest alone is not a criminal conviction. However, USCIS may request records regarding the arrest and may examine relevant reliable evidence concerning underlying conduct where the governing naturalization rule permits it.

How many years after a conviction can I apply for citizenship?

There is no single waiting period for every criminal offense. Some convictions create permanent bars, some affect the statutory good moral character period, and older conduct may remain relevant in certain circumstances.

The Bottom Line

An N-400 denial based on criminal history requires a conviction-specific and statute-specific analysis.

Do not assume that every misdemeanor is harmless, every felony prevents citizenship, every dismissal eliminates the immigration problem, or every old conviction becomes irrelevant after five years.

Before challenging the denial or filing another N-400, determine what the criminal record actually shows, how federal immigration law classifies it, whether USCIS applied the correct good moral character rule, whether an exception applies, and whether the conviction creates risks beyond naturalization.

If USCIS recently denied the application, evaluate Form N-336 promptly because the administrative review deadline is short.

Official Legal Resources

For USCIS guidance concerning criminal history and good moral character, see USCIS Policy Manual, Volume 12, Part F, Chapter 2 — Adjudicative Factors , Chapter 4 — Permanent Bars to Good Moral Character , and Chapter 5 — Conditional Bars for Acts in the Statutory Period .

For criminal-record evidence requirements, see USCIS Policy Manual, Volume 12, Part F, Chapter 3 — Evidence and the Record .

For the governing regulation, see 8 C.F.R. § 316.10 .

For more detailed guidance, see our Criminal History and Naturalization and Good Moral Character for Naturalization resources.

N-400 Denied Because of Criminal History: Can You Still Become a U.S. Citizen?