Do three misdemeanors disqualify me from DACA?

This is general information, not legal advice.

What is the rule?

DACA is blocked if you were convicted of three or more misdemeanors that:

• are not on the "significant" list (domestic violence, sexual abuse or exploitation, burglary, unlawful gun possession or use, drug sales, DUI), and
• did not happen on the same date, and
• did not come from the same act or plan.

This applies to first time requests and to renewals.

What counts toward the three?

A misdemeanor, for DACA, is a crime that can be punished by more than 5 days and up to 1 year in jail. Convictions count. Here is what does not count:

• Minor traffic offenses, like driving without a license. These are not treated as misdemeanors for DACA.
• Arrests or charges that did not end in a conviction. You still must report them.
• Cases from the same day or the same act. Three charges from one incident are not three separate strikes. They count together.
• Expunged convictions and juvenile court cases are not disqualifying convictions under the DACA rule, but USCIS still reviews them case by case (8 CFR 236.22(b)(6); DACA FAQ Q74). Be careful with a California dismissal under Penal Code 1203.4. No USCIS page we found says whether it counts as "expunged" for DACA, and for most other immigration rules USCIS treats a cleared conviction as still a conviction (USCIS Policy Manual, Vol. 12, Part F, Ch. 2). Do not assume a dismissed case drops out of your count. Ask a lawyer to look at your court papers.
• State immigration related convictions do not count.

Here is the catch. One significant misdemeanor blocks DACA by itself. So does any other misdemeanor where you were sentenced to more than 90 days in custody. Check those first. Guns get extra 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 if I have one or two?

One or two other misdemeanors do not block DACA automatically. USCIS looks at single misdemeanors as part of your whole case, and it can still say no if it decides DACA is not right for you. Be honest and complete, and send the court papers for each case.

What if a case is still open?

Talk to your criminal defense lawyer before you accept any plea. Tell them you have DACA or plan to apply, and that you already have other misdemeanors. California law (Penal Code 1016.3) requires defense lawyers to give accurate advice about immigration effects. Ask whether a different plea could protect your DACA. See Before you take a plea deal.

How do I count my own cases?

Here is a made up example to show the counting. It is not a real case, and only a lawyer can count yours.

Jorge has DACA and three misdemeanor convictions:

Jorge's count is two, not four. He is under the limit, but USCIS can still weigh both cases. If he picked up a third misdemeanor on a new date, he would be over the limit. And if any case were a DUI or domestic violence case, one alone would block DACA.

What happens if USCIS thinks I am over the limit?

• At renewal, USCIS can deny the request. There is no appeal of a DACA denial.
• While you have DACA, USCIS can end it. It usually sends a Notice of Intent to Terminate first and gives you time to answer. Your work permit ends when your DACA ends.

If you get any letter like this, call a lawyer the same day. The deadline to answer is on the letter.

Can I fix an old misdemeanor?

Sometimes. California has ways to reopen or clear old cases, and some can help with immigration. Not every kind of clean up works the same way for DACA, so ask a lawyer which one fits. See Ways to fix an old California conviction for immigration.

What papers do I need?

For each case, USCIS asks for an original or court certified copy of the arrest record and the final result. If a court cleared or sealed a case, bring that order. You do not need papers for minor traffic tickets unless alcohol or drugs were involved.

Start by getting your own record from the California DOJ and the FBI, then ask each court for certified copies. California DOJ releases a record only to the person it belongs to, so a clinic cannot order it for you. The DOJ copy is for your own review, not for sending to USCIS. How: How to get a copy of your criminal record in California.

Never leave a case off your form. Lying on a DACA request is a federal crime, and it is worse than the record itself.

Who can help?

A lawyer can count your cases the way USCIS will and tell you if renewing is safe. 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.
• Outside California: search by ZIP code at ImmigrationLawHelp.org.

Related questions

• Which offenses block DACA?
• Can I get DACA if I have been arrested or convicted?
• How to ask a court to cancel an old conviction under Penal Code 1473.7

Counting your cases can feel heavy. Do it with someone on your side, and let the facts, not fear, guide your next step.