Which offenses block DACA?

This is general information, not legal advice. How a crime counts depends on the exact law and the court papers. Have a lawyer read yours.

What blocks DACA?

A conviction for any of these will block DACA, for first time requests and renewals:

1. Any felony

A felony here means a federal, state or local crime that can be punished by more than one year in prison. What matters is the most time the law allows, not the time you served. One felony is enough.

2. One "significant" misdemeanor

A misdemeanor here is a crime punishable by more than 5 days and up to 1 year. One of these blocks DACA, no matter the sentence:

• Domestic violence
• Sexual abuse or exploitation
• Burglary
• Unlawful possession or use of a firearm
• Drug distribution or trafficking (sales)
• Driving under the influence (DUI) of alcohol or drugs

Any other misdemeanor also counts as significant if you were sentenced to more than 90 days in custody. A suspended sentence does not count toward the 90 days. Only time you were ordered to serve counts.

3. Three or more other misdemeanors

Three or more misdemeanors that are not on the list above will block DACA if they happened on different dates and did not come from the same act. See Do three misdemeanors disqualify me?

4. A threat to public safety or national security

Even without a conviction, USCIS can deny DACA if it decides you are a threat. USCIS names gang membership, taking part in criminal activity, and actions that threaten the United States as things it looks at.

What does not count against me automatically?

• Minor traffic offenses, like driving without a license. (DUI is different. It always counts.)
• Expunged convictions. Not automatic, but USCIS reviews them case by case.
• Juvenile court cases. Not automatic either. If you were tried as an adult, it counts as an adult conviction.
• State immigration related crimes, meaning convictions under state laws about immigration.
• Arrests without a conviction. These do not block DACA by themselves, but you must report them and USCIS can weigh them.

You must still report all of these on your form, except minor traffic tickets that did not involve alcohol or drugs.

Can one small misdemeanor hurt me?

It does not block DACA by itself. USCIS looks at single misdemeanors as part of your whole case, and DACA is always a choice USCIS makes case by case.

Does the label "felony" or "misdemeanor" in California decide it?

Not always. USCIS looks at how long the law allows you to be punished. Some California crimes, called "wobblers", can be charged either way. Under California law, a wobbler becomes "a misdemeanor for all purposes" in certain cases, for example when the judge grants probation and declares it a misdemeanor, or the prosecutor files it as a misdemeanor (Penal Code 17(b), checked October 21, 2026). Whether USCIS then counts it as a misdemeanor for DACA is a question for your lawyer, and the answer depends on your court papers. If you have an old felony wobbler, ask whether a 17(b) reduction is possible before you file.

I already have DACA. What if I am convicted now?

USCIS can end (terminate) your DACA, and your work permit ends with it. USCIS usually sends a Notice of Intent to Terminate first and gives you a chance to respond. It may skip that notice for a conviction for certain national security offenses or an "egregious public safety" offense (DACA FAQ, Q29, Q30 and Q76, checked October 21, 2026). If you get that notice, take it to a lawyer the same week.

One more rule to know: a September 26, 2025 USCIS memo tells officers to end DACA for recipients who unlawfully try to buy a gun (USCIS policy memoranda, checked October 21, 2026).

What should I do now?

1. Get your records. California DOJ, the FBI, and the court that handled each case. See How to get a copy of your criminal record in California.
2. Talk to a lawyer or DOJ accredited representative before you file. Bring every paper.
3. If a case is still open, tell your defense lawyer about DACA before you accept any plea. California law requires them to advise you on immigration effects.
4. If an old conviction blocks you, ask whether it can be reopened or cleared. See Ways to fix an old California conviction.

Never leave a case off your form. Lying on a DACA request is a federal crime.

Who can help?

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

• For San Mateo County residents: Community Legal Services in East Palo Alto, (650) 326-6440; Legal Aid Society of San Mateo County, (650) 558-0915; Immigration Institute of the Bay Area (Redwood City consultations), (650) 587-1558
• 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.

Related questions

• Can I get DACA if I have been arrested or convicted?
• Do three misdemeanors disqualify me?
• How to ask a court to cancel an old conviction under Penal Code 1473.7

A record can feel like a closed door. Often it is not. Find out exactly where you stand, and then take the next step.