The short answer: A criminal record does not automatically mean you can't get a green card or naturalize, but whether it matters depends on the specific offense, the sentence, and which immigration stage you are in. Immigration law has its own definition of a "conviction," which is not the same as California criminal law. A California court dismissal (often called an expungement) usually does not make the conviction go away for immigration purposes. The most important moment is before you enter a plea.
Information verified as of October 22, 2026; applies to California. Every case is different; this is general information, not legal advice for your situation.
What counts as a "conviction" under immigration law?
According to the USCIS Policy Manual, Volume 12, Part F, Chapter 2, a conviction for immigration purposes means a formal judgment of guilt entered by a court. Even when adjudication is withheld, it still counts as a conviction if both of the following are true:
- A judge or jury found you guilty, or you entered a plea of guilty or no contest; and
- The judge ordered some form of punishment or penalty, or imposed a restraint on your liberty.
So "I didn't go to jail," "I only got probation," and "the judge said it can be dismissed later" do not mean there is no conviction for immigration purposes. The Policy Manual also notes that if you were simply placed in a pretrial diversion program that did not require an admission or finding of guilt, it may not count as a conviction.
Does it matter whether you are applying for a green card, already have one, or are applying for citizenship?
Yes. The same conviction can have different effects at different stages:
| Your stage | What immigration authorities mainly look at |
|---|---|
| Applying for a green card (including adjustment of status) | Whether any statutory ground of inadmissibility applies |
| Already a green card holder | Whether certain convictions create a risk of removal |
| Applying for naturalization | Good moral character during the statutory period, plus your full criminal history |
According to the N-400 instructions, the good moral character period is generally the 5 years before filing, or 3 years if you are applying as the spouse of a U.S. citizen, and it continues until the Oath of Allegiance. The Policy Manual adds that conduct before that period may also be considered.
Which situations call for extra care?
The terms below come up often. This is only a general explanation; whether a particular California offense falls into a category requires case-by-case analysis.
Crime involving moral turpitude (CIMT). The USCIS Policy Manual describes it as conduct that "shocks the public conscience as being inherently base, vile, or depraved." Whether an offense qualifies depends largely on the specific state statute and its elements. In the naturalization good moral character review there is a petty offense exception: if you committed only one CIMT, the sentence imposed was 6 months or less, and the maximum possible sentence does not exceed one year, it may not be a bar.
Aggravated felony. This is a category defined by immigration law itself, and it does not line up directly with California's felony and misdemeanor labels. Despite the name, you can't decide the question just by looking at how California classifies the offense. The Policy Manual states that a person convicted of an aggravated felony on or after November 29, 1990 is permanently barred from establishing good moral character, and therefore from naturalizing.
Controlled substances. Violations of any federal, state, or foreign controlled substance law fall within the naturalization good moral character review. The one exception is a single offense of simple possession of 30 grams or less of marijuana. Marijuana is still a controlled substance under federal law, and California legalization does not change that.
Sentence and time in custody. During the good moral character period, being confined for an aggregate of 180 days or more based on a conviction, or having two or more convictions with a combined sentence of 5 years or more, is a bar to naturalization.
Why is the time before a plea so important?
Because most immigration consequences are locked in when you enter the plea, and changing them afterward is much harder. Both federal and California rules address this:
- Padilla v. Kentucky (2010). The U.S. Supreme Court held that criminal defense counsel must advise a non-citizen client whether a guilty plea carries a risk of deportation.
- Penal Code §1016.3. California requires defense counsel to give accurate and affirmative advice about the immigration consequences of a proposed disposition, and the prosecution must consider avoiding adverse immigration consequences as one factor in plea negotiations. The section also states that no defendant is required to disclose immigration status to the court.
- Penal Code §1016.5. Before accepting a guilty or no contest plea, the court must read an advisement that if you are not a U.S. citizen, the conviction may result in deportation, exclusion from admission, or denial of naturalization. You can ask the court for additional time to consider the plea.
In practice, before deciding on a plea, a non-citizen should understand three things: the exact code section and subdivision being pleaded to; the specific terms of the sentence or probation; and what that outcome means at your current immigration stage. Lingtu also has immigration attorneys; a non-citizen can choose to have an immigration attorney review the immigration consequences before entering a plea.
If you have already pleaded, is there any way to fix it?
There are some options, but the requirements are strict and the purpose matters:
- Penal Code §1473.7. A person who is no longer in criminal custody may move to vacate a conviction or sentence if a prejudicial error kept them from meaningfully understanding, defending against, or knowingly accepting its immigration consequences.
- Why the conviction is vacated matters. The USCIS Policy Manual's position is that a judgment vacated because of a procedural or substantive defect in the underlying proceedings is no longer a conviction for immigration purposes, but one vacated only because of rehabilitation, or to avoid immigration consequences, still counts.
That is why a California §1203.4 dismissal helps a great deal with employment but usually does not remove the conviction for immigration purposes. See our article How to Clear a Criminal Record in California.
Do you have to disclose old records when you apply for naturalization?
Yes. Form N-400 says to list each crime or offense even if your records have been sealed, expunged, or otherwise cleared, and to disclose it even if someone, including a judge, law enforcement officer, or attorney, told you it is no longer on your record or that you don't have to disclose it. The N-400 instructions also require reporting offenses involving driving under the influence, domestic violence, and solicitation, as well as offenses committed before age 18. Failing to disclose can be worse than the original offense: the instructions say you may be denied even if the original offense would not have caused a denial.
Two more points:
- USCIS will not approve a naturalization application while you are on probation, on parole, or under a suspended sentence;
- For records that were vacated, sealed, or expunged, you need to submit the court order, or a court statement that no record exists.
What should you gather ahead of time?
- The final court disposition for every arrest and case, ideally a court-certified copy.
- The judgment, probation terms, and proof you completed probation or any classes.
- A certified copy of any dismissal or sealing order.
- To find out what is on your record, you can request a Record Review from the California Department of Justice through Live Scan. Note that a record requested for your own review cannot be used for visa or immigration purposes; you still need the court documents for USCIS.
Lingtu can communicate with you in Chinese. For criminal cases we charge a fixed fee and explain it clearly before you sign. The initial evaluation is free.
Main sources
- USCIS Policy Manual, Vol. 12, Part F, Chapter 2 (definition of conviction; effect of vacatur and expungement)
- USCIS Policy Manual, Vol. 12, Part F, Chapter 4 (permanent bars: aggravated felony)
- USCIS Policy Manual, Vol. 12, Part F, Chapter 5 (CIMT, controlled substances, 180 days of confinement)
- USCIS, Form N-400 (Edition 01/20/25)
- USCIS, Form N-400 Instructions
- Padilla v. Kentucky, 559 U.S. 356 (2010)
- California Penal Code §1016.3
- California Penal Code §1016.5
- California Penal Code §1473.7
- California Department of Justice, Record Review
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