Criminal records & DACA
A criminal record may disqualify you from DACA benefits. Do not apply if you have any criminal record without speaking to a qualified lawyer.
You are ineligible if you have a felony or a significant misdemeanor.
You may be ineligible if you have a regular misdemeanor, a juvenile adjudication, or an expunged conviction.
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
A significant misdemeanor is a misdemeanor for which the maximum term of imprisonment authorized is one year or less but greater than five days AND is EITHER:
- an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; OR,
- any kind of offense is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
A non-significant misdemeanor is any misdemeanor for which the maximum term of imprisonment authorized is one year or less but greater than five days AND that meets BOTH of the following criteria:
- Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; AND
- Is one for which the individual was sentenced to time in custody of 90 days or less.
Important: any criminal record might cause your application to be denied. DACA is a discretionary benefit. That means, USCIS will weigh any non-significant misdemeanor against you and might not grant the application or they might grant the application. Remember three or more non-significant misdemeanors makes you ineligible. A minor traffic offense will not be considered a misdemeanor for purposes of this process.
Expunged convictions and juvenile convictions will not automatically disqualify you. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.
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