Can I get DACA if I have been arrested or convicted?

This is general information, not legal advice. Every record is different.

Does an arrest stop me from getting DACA?

Not by itself. The DACA rule turns on convictions, not arrests. If you were arrested and the case was dropped, or no charges were filed, that is not an automatic bar.

But it still matters:

• You must tell USCIS. The form asks about every arrest, charge and conviction. You must send papers showing how each one ended.
• USCIS can weigh it. DACA is decided case by case. Even if you meet every rule, USCIS can say no based on your whole history. Gang ties or other signs that you are a safety threat can lead to a denial.
• An arrest can bring detention risk. A 2025 federal law, the Laken Riley Act, requires immigration detention for some people who are arrested for or charged with theft, shoplifting, burglary, assaulting an officer or a crime that causes death or serious injury, even without a conviction. It covers people who were never admitted or paroled, which includes many DACA recipients who came without inspection (8 U.S.C. 1226(c)(1)(E)). The law does not name DACA. If you are arrested for one of these, call an immigration lawyer right away.

Which convictions block DACA?

Three kinds:

• A felony. A crime that can be punished by more than one year in prison.
• One "significant" misdemeanor. Domestic violence, sexual abuse or exploitation, burglary, unlawful gun possession or use, drug sales, or driving under the influence (DUI), no matter the sentence. Any other misdemeanor counts here too if you were sentenced to more than 90 days in custody.
• Three or more other misdemeanors from different dates and different acts.

Minor traffic offenses, like driving without a license, do not count. DUI does. Details: Which offenses block DACA?

Guns get special attention. A September 2025 USCIS memo (PM-602-0191) tells officers to end DACA for recipients who unlawfully try to buy a firearm (USCIS policy memoranda).

What about expunged, juvenile or sealed records?

• Expunged convictions and juvenile court cases are not automatically disqualifying. USCIS still looks at them case by case. For most immigration rules outside DACA, USCIS treats an expunged or dismissed conviction, like a California Penal Code 1203.4 dismissal, as still a conviction (USCIS Policy Manual, Vol. 12, Part F, Ch. 2).
• You still have to report them, with the court order that cleared or sealed the case. If you were tried as an adult, the case counts as an adult conviction.
• Juvenile records from a state that keeps them private do not have to be sent.

Do not leave anything off because a judge or a friend told you it was "erased." Knowingly giving false information on a DACA request is a federal crime that can bring up to 5 years in prison. Honest and complete is always safer.

What papers will I need?

For each arrest or charge, USCIS asks for an original or court certified copy of the full arrest record and the final result (the disposition). If no charges were filed, you need an official statement from the police or court saying so. If a court cleared your record, bring that order. If a record cannot be found, you can explain what you tried.

Start with your own record so nothing surprises you:

1. California DOJ Record Review. Fill out the Live Scan form, get fingerprinted at a Live Scan site, and pay the $25 DOJ fee plus the site fee. A fee waiver covers the $25 if you have low or no income. Note: this copy is for your own review. It cannot be sent to USCIS. DOJ releases it only to you, so a clinic or friend cannot order it for you.
2. FBI Identity History Summary. $18 by mail. This shows arrests from other states and federal agencies.
3. Court records. Ask the court clerk for certified copies of the final result in each case.

How to request each one: How to get a copy of your criminal record in California

What if my case is not over yet?

Tell your criminal defense lawyer that you have DACA or plan to apply. California law requires defense lawyers to give accurate advice about the immigration effects of a plea deal. A small change in what you plead to can be the difference between keeping DACA and losing it. Ask for this advice before you take any deal. See Before you take a plea deal.

Can an old conviction be fixed?

Sometimes. California has ways to reopen or clear old cases, and some of them help with immigration. A lawyer can tell you which ones fit. See Ways to fix an old California conviction for immigration.

Is anything changing?

Maybe. In June 2026, DHS proposed a rule that would add stricter criminal history and fingerprint review for DACA work permits (91 FR 34352). It is proposed, not final, as of October 21, 2026.

What does this look like in practice?

A made up example, not a real case. Tomas has DACA and plans to renew. In 2024 he was arrested after a fight at a party. The charge was dropped.

1. He orders his California DOJ record ($25 plus Live Scan) and his FBI record ($18) to see what shows up.
2. The DOJ record shows the arrest and "no charges filed." He asks the police department for an official letter saying no charges were filed, as USCIS asks.
3. He lists the arrest on his renewal form, with the letter.
4. A free clinic reviews it before he files. Because there is no conviction, the arrest is not an automatic bar, but USCIS can still weigh it.

If the charge had been theft instead of a fight, his clinic would also talk with him about the Laken Riley Act detention risk.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (for low income San Mateo and Santa Clara county residents): (650) 326-6440
• Legal Aid Society of San Mateo County (for San Mateo County residents): (650) 558-0915
• Immigration Institute of the Bay Area, Redwood City office: (650) 587-1558 to book a free first consultation (appointments only, no drop ins).
• For Santa Clara County residents: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Related questions

• Which offenses block DACA?
• Do three misdemeanors disqualify me?
• How to get a copy of your criminal record in California

Your past is part of your story, not the end of it. Get the facts on paper, get good advice, and take the next step.