For a lot of people in California that are trying to become a U.S. citizen, their past (especially their criminal history) can be a point of contention–and confusion. Our team at Maison Law Immigration Lawyers can answer your questions and guide you through the application process. Set up a consultation with our team today to talk about your options.
Can I Still Become a U.S. Citizen If I Have a Criminal Record?
When you have a criminal record and you are trying to go through the citizenship process in California, it’s obviously pretty stressful. You don’t want your past to haunt you, but the reality is that having a criminal record makes everything harder—just like it does for anyone else.
The good news, relatively speaking, is that having a criminal record isn’t totally disqualifying if you want to become a U.S. citizen. It really depends on the details:
- What the conviction was for. More serious offenses like DWI, assault or gun charges can make things more difficult–but not impossible.
- When it happened.
- Whether USCIS believes you meet their “good moral character” requirement.
So, when it comes to trying to get citizenship, here’s that the United States Citizenship and Immigration Services (USCIS) typically look at:
- Whether the crime involved violence, fraud, or moral wrongdoing
- How recent the offense was (they usually focus on the last 3 to 5 years)
- If it was a one-time mistake or part of a pattern
- Whether you’ve shown rehabilitation—like stable work, clean conduct, and community involvement
If you’re married to a U.S. citizen, you might be applying under the 3-year rule instead of the usual 5-year wait, but USCIS still reviews your full history. Even if your conviction was from years ago, they can take it into account if they believe it reflects poorly on your character.
What Can I Do to Prove “Good Moral Character”?
That phrase might sound vague, but it’s something USCIS takes seriously. They’re basically asking: Have you been honest, responsible, and law-abiding in your everyday life? Here’s what you can do to demonstrate that you meet this requirement:
- Follow the law – Even small issues like unpaid traffic tickets, a DUI, or missed child support can come up during the naturalization process. Make sure everything is taken care of—fines paid, records disclosed, and no recent legal trouble.
- Be honest on your application – Don’t leave anything out. USCIS would rather see you acknowledge a past mistake than try to hide it. If you’ve had any arrests or charges—even if they were dismissed—you’ll need to include the details and official court records.
- File and pay your taxes – Citizenship examiners look closely at your tax history. If you’ve lived and worked in the U.S., make sure your tax returns are up to date. If you’ve had any problems, work with the IRS or a tax professional to correct them before applying.
- Stay active in your community – While it’s not required, it helps to show that you’re contributing to your community—whether that’s through work, volunteering, religious involvement, or taking care of your family.
- Gather letters of support – Character reference letters from employers, religious leaders, neighbors, or others who know you well can help tell your story—especially if you’re trying to show that you’ve moved past a prior mistake.
- Live a stable, responsible life – USCIS will consider your employment history, your living situation, and how long you’ve maintained relationships in the community. Stability counts.
In short, you don’t have to be perfect—but you do need to show that you’re trying to do the right thing. If something in your past might raise a red flag, it doesn’t necessarily mean you’ll be denied. It just means you need to be prepared to explain it and show how your life looks today.
Contact Maison Law Immigration Lawyers Citizenship Questions in California
If you’re in California and have questions about how your history might affect your applying for U.S. citizenship, Maison Law Immigration Lawyers can help you sort through it. Set up a consultation with our team today.
