Arrests, records and immigration: the complete guide

We know an arrest can make your whole family hold its breath. One arrest does not decide your future. Many people with records keep their status, renew DACA or become citizens. What makes the difference is getting the right advice early, before a plea, before you travel and before you apply for anything.

This guide is general information, not legal advice. DNLH is not a law office, and we cannot represent you. Criminal and immigration law work together in ways that surprise even lawyers, and tiny details change the result. Talk with a criminal defense lawyer and an immigration lawyer or DOJ accredited representative about your case. Free help is listed below.

On this page

1. How can an arrest or a record affect my immigration status?
2. What counts as a "conviction" for immigration?
3. I was just arrested. What should I say and do?
4. Will ICE find out, and can the jail hold me for ICE?
5. What must happen before I take a plea deal?
6. Which crimes cause the most immigration trouble?
7. How does a DUI affect my immigration case or DACA?
8. What about drugs, marijuana and Prop 36?
9. What about theft and shoplifting?
10. Can my probation officer report me to ICE?
11. How do I get a copy of my record?
12. Can clearing my record in California help my immigration case?
13. How does a record affect DACA, a green card, citizenship or travel?
14. What changed in 2025 and 2026?
15. Where can I get free help in the Bay Area?
16. Questions people ask, Printables and Sources

How can an arrest or a record affect my immigration status?

A record can cause three kinds of problems: it can make you deportable, it can block you from getting a green card or other status, and it can stop you from becoming a citizen. It can also lead to ICE detention. Which problems apply depends on your status, the exact crime, and the exact sentence.

California's own courts warn non citizens that a criminal record "can affect your ability to get legal status and to keep your status," and can put you at risk of being deported or of being denied reentry after a trip. They tell non citizens to speak with an immigration attorney.

The three tests immigration law uses

1. Can you be deported? (for people who were admitted, like green card holders and visa holders) Federal law lists crimes that make an admitted person "deportable." The main ones:

• A crime involving moral turpitude (often called a "CIMT") committed within 5 years after you were admitted, if the crime can be punished by one year or more
• Two or more crimes involving moral turpitude that were not part of one single scheme
• An "aggravated felony"
• Almost any drug offense, except one offense of having 30 grams or less of marijuana for your own use
• Firearm offenses
• Domestic violence, stalking, child abuse, and violating certain protection orders

2. Can you get in or get a green card? ("inadmissibility") This test applies when you apply for a green card, return from a trip, or ask for some other benefits. You can be blocked by:

• A conviction for, or even an admission of, a crime involving moral turpitude
• A conviction for, or an admission of, a drug offense
• Two or more convictions with total sentences of 5 years or more
• An officer having "reason to believe" you are or were a drug trafficker

There is a small "petty offense" exception for one crime involving moral turpitude, if the maximum possible punishment was one year or less and your sentence was not more than 6 months.

3. Can you become a citizen? ("good moral character") This test looks at your conduct, usually over the 5 years before you apply. Some crimes block citizenship forever. Others block it during that period. See the citizenship section below.

Notice the word "admits"

For green cards and citizenship, you can be blocked for admitting you did certain things, like using drugs, even if you were never charged. Do not tell an immigration officer, a doctor for your immigration medical exam, or anyone else about past crimes or drug use until you have talked with a lawyer. Never lie, either. Silence and getting advice first is the safe path.

Arrests alone can matter too

You do not need a conviction to get into trouble:

• Since January 2025, some people who entered without permission must be held by ICE with no bond if they are charged with or arrested for certain crimes like theft or shoplifting. See the ICE section.
• When you apply for DACA, a green card or citizenship, you must report arrests, not just convictions, and give the court records.

For a shorter version of this section, see How a criminal record can affect your immigration status.

What counts as a "conviction" for immigration?

Immigration law has its own meaning of "conviction," and it is wider than California's. This is the single most important idea in this guide.

For immigration, you have a conviction when a court enters a formal judgment of guilt. You also have one when the court holds off on a judgment if both of these are true:

• You pleaded guilty or no contest, admitted enough facts, or a judge or jury found you guilty, and
• The judge ordered some kind of punishment, penalty or limit on your freedom, like probation, a fine, classes or community service

What this means in real life

USCIS says it plainly: "A record of conviction that has been expunged does not remove the underlying conviction." But a conviction vacated because of a legal or constitutional defect "is not considered a conviction for immigration purposes."

Sentences count even when suspended

For immigration, a "term of imprisonment" includes jail time the judge ordered and then suspended. If a judge sentences you to one year and suspends it, immigration counts one year. That can turn a theft or a crime of violence into an aggravated felony. See Which crimes cause the most trouble?

A later change to the sentence counts for immigration only if it was made because of a legal defect in the original case, not just to help with immigration.

I was just arrested. What should I say and do?

Stay silent, ask for a lawyer, and tell your defense lawyer, privately, that you are not a citizen. These three steps protect you more than anything else in the first hours.

Say as little as possible

• Say: "I want to remain silent. I want a lawyer."
• Do not answer questions about the case, where you were born, or your immigration status. Talk about those only with your own lawyer.
• Do not sign papers you do not understand, especially anything about immigration or leaving the country.
• Do not lie and do not show false papers. Staying silent is your right. Lying is not, and a false claim to be a U.S. citizen can block a green card.

The U.S. Constitution says no one can be forced to be a witness against themselves in a criminal case. California law also says local police and jails may not use their staff or money to ask about your immigration status.

Get a lawyer at your first court date

If you cannot pay a lawyer, ask the judge for one at your first court date (the arraignment). The judge appoints one at no cost, usually a public defender.

• San Mateo County has no public defender office. The court appoints lawyers through the Private Defender Program, run by the San Mateo County Bar Association: (650) 298-4000.
• Santa Clara County Public Defender: (408) 299-7700, 120 West Mission Street, San Jose.

Tell your defense lawyer everything about your status

What you tell your own lawyer is private. Your lawyer can only protect you from what they know about. California law requires your defense lawyer to give you accurate advice about how a plea will affect your immigration status, and to fight for a result that avoids harm, if that is your goal. You do not have to tell the judge your immigration status.

Use the What to tell my defense lawyer checklist. Ask your defense lawyer to talk with an immigration lawyer too, or call one of the free services below.

If you are the family member outside

1. Find out where the person is held and their booking number.
2. Write down the next court date.
3. Call a free immigration legal service and the defense lawyer. Share the person's immigration history if they asked you to.
4. Ask the defense lawyer before you pay bail. If ICE has asked about the person, getting out of jail can mean going straight into ICE custody. The lawyer can check first.
5. Keep children's care and the family plan ready. See Make a family preparedness plan.

For the full version of this section, see Not a citizen and arrested in California. For your rights on the street and at home, see Know your rights: the complete guide.

Will ICE find out, and can the jail hold me for ICE?

Plan on ICE learning about the arrest. But California law sharply limits what local jails may do to help ICE.

How ICE finds out

When a jail books you, it takes your fingerprints and sends them to the FBI. Under a federal program called Secure Communities, the FBI automatically sends them on to the Department of Homeland Security to check against immigration records. California cannot opt out of this. After that, ICE may send the jail a request about you, often called a "detainer" or an "ICE hold."

What California jails may not do

Under the California Values Act (SB 54, in effect since 2018), local police and sheriffs may not:

• Ask about your immigration status
• Keep you past your release time just because ICE asked (an "ICE hold")
• Give ICE your home or work address unless it is already public
• Make arrests on civil immigration warrants or act as immigration officers

They may tell ICE your release date or hand you to ICE only if a judge signed a warrant, or if you have certain serious convictions, or a judge found probable cause on a serious, violent or state prison felony charge. A plain misdemeanor is never enough. A conviction reduced under Prop 47 cannot be used as a reason. And even when the law allows it, the jail may still say no. It is never required to help.

Your rights in jail under the TRUTH Act

• Before any ICE interview, the jail must give you a written form. It explains that the interview is voluntary, that you can say no, and that you can choose to talk only with your lawyer present. The form must be available in English, Spanish, Chinese, Tagalog, Vietnamese and Korean.
• If ICE sends a request about you, the jail must give you a copy and tell you whether it plans to comply.
• If the jail tells ICE your release date, it must promptly tell you and your lawyer, or one person you choose, in writing.

You can say no to an ICE interview. Then tell your lawyer ICE asked.

Local notes

• San Mateo County passed an ordinance in April 2023 that limits county staff from helping immigration enforcement or sharing personal information, and voted to strengthen it in November 2025.
• Santa Clara County said in 2019 that it will not hold anyone past release for ICE without a judge's warrant.
• In 2025, California's Attorney General reported 300 arrests for immigration enforcement by people taking part in joint task forces with federal agents, out of 16,613 total task force arrests statewide. Local police in task forces are still limited by the Values Act.

If you think a California agency broke these rules, the Attorney General asks you to write to immigration@doj.ca.gov or report it at oag.ca.gov/report.

Can ICE hold me with no bond?

Sometimes, yes. The rules changed in 2025 and are still in the courts.

• The Laken Riley Act (January 29, 2025) says ICE must detain, with no bond, people who entered without permission, used fraud or false papers to get in, or have no valid entry papers, if they are charged with, arrested for, convicted of, or admit burglary, theft, larceny, shoplifting, assaulting a police officer, or a crime that caused death or serious injury. The law also says ICE "shall issue a detainer" for these people.
• Other convictions already required ICE to hold people with no bond before 2025.
• For people who entered without permission, the immigration appeals board said in September 2025 that immigration judges cannot give them bond hearings. On July 30, 2026, the federal appeals court for California (the Ninth Circuit) ruled the other way: people who entered without permission and were later arrested inside the country can ask a judge for bond. On October 1, 2026, the U.S. Supreme Court agreed to decide this question. As of October 21, 2026, no argument date was set (docket).

When bond is allowed, the law sets the minimum at $1,500. If someone you love is in ICE custody, see Your detained loved one: the complete guide and Will ICE pick me up when I leave jail?

For more on holds, see What an ICE hold is and whether a California jail can keep you and The California law that stops local police from helping ICE.

What must happen before I take a plea deal?

Your defense lawyer must tell you exactly how the plea will affect your immigration status before you agree. Do not plead until that has happened. Most criminal cases end in a plea, so this is the moment that matters most.

Your rights before a plea

• Accurate advice. Since 2010, the U.S. Supreme Court (Padilla v. Kentucky) has said defense lawyers must tell clients whether a plea carries a risk of deportation. California goes further. Since January 1, 2016, Penal Code 1016.3 requires defense lawyers to give "accurate and affirmative advice" about immigration effects and to defend against them if that is your goal.
• Prosecutors must consider it too. California law says prosecutors must consider avoiding harm to immigration status as part of plea talks.
• The judge's warning. Before accepting a guilty or no contest plea, the judge must warn you that it may lead to deportation, being kept out of the country, or denial of citizenship. Since January 1, 2026, the judge must read that warning word for word on the record.
• More time. If you ask, the judge must give you more time to think about the plea after the warning.
• No need to share your status. No one can make you tell the court your immigration status at the plea.

What a good lawyer may be able to do

Small details change the immigration result. Your lawyer may be able to work toward:

• A different code section that does not count as a drug offense, a crime of violence or a crime involving moral turpitude
• A sentence of 364 days or less instead of one year
• A plea to a crime that is not listed in the Laken Riley Act
• A record of conviction that leaves out harmful facts
• A plan for diversion that does not require a guilty plea first

None of this is guaranteed. But you only get it if you ask before the plea.

Questions to ask your lawyer

1. "What are the immigration effects of this exact plea, for my exact status?"
2. "Is this a crime involving moral turpitude, an aggravated felony, a drug offense, or a domestic violence offense for immigration?"
3. "Can the sentence be 364 days or less?"
4. "Is there another plea that is safer for my immigration case?"
5. "Have you talked with an immigration lawyer about this?"

If you already took a plea and were never warned

You may be able to undo it. See Can clearing my record help? For the full version, see Before you take a plea deal.

Which crimes cause the most immigration trouble?

The biggest dangers are aggravated felonies, drug offenses, crimes involving moral turpitude, domestic violence and firearm offenses. But the labels in immigration law do not match the labels in California law. A misdemeanor can be an "aggravated felony" for immigration.

Aggravated felonies

This is the most serious group. For green card holders, it brings deportation with very few ways out. For citizenship, a conviction for an aggravated felony on or after November 29, 1990 is a permanent bar.

Some examples that catch people off guard: a theft offense or a crime of violence becomes an aggravated felony if the term of imprisonment is at least one year, even if the judge suspended all of it.

Why 364 days matters

In California, the maximum jail sentence for a misdemeanor is 364 days, one day short of the one year mark. If you were sentenced to one year for a misdemeanor before January 1, 2015, the law lets you ask the court to change it to 364 days.

Crimes involving moral turpitude

Immigration law does not give a full list. In general, these are crimes the courts see as dishonest or as showing a bad intent. Whether a crime counts depends on the exact law you were convicted under, which is why your lawyer needs the exact code section. Two examples from DUI law: a simple DUI is not a crime involving moral turpitude, but a DUI while knowing your license was suspended is.

Drugs, domestic violence and guns

• Drug offenses affect almost everyone who is not a citizen, including people with green cards. See Drugs, marijuana and Prop 36.
• Domestic violence, stalking, child abuse and violating a protection order make admitted people deportable.
• Firearm offenses do too.

What about juvenile cases?

The DACA rule says juvenile delinquency adjudications are not disqualifying convictions for DACA. But the citizenship form asks you to report offenses that happened before you turned 18. Ask a lawyer before you answer any question about a juvenile case.

How does a DUI affect my immigration case or DACA?

For DACA, one DUI is a serious problem. For green card holders and citizenship, a single simple DUI usually is not a ground of deportation, but two or more can block citizenship, and every DUI must be reported.

DUI and DACA

The DACA rule says a single misdemeanor for driving under the influence is disqualifying, regardless of the sentence. DACA is also barred by any felony, or three or more other misdemeanors that did not happen on the same date or from the same act. Minor traffic tickets do not count. A DUI does.

If you have DACA and a DUI case, talk to an immigration lawyer before the plea, and before your next renewal. Expunged convictions are not treated as disqualifying under the DACA criminal rule, but USCIS can still weigh other facts. See How does a DUI affect my immigration case or DACA? and Which offenses block DACA?

DUI and deportation

• A simple DUI is not a crime involving moral turpitude, according to the immigration appeals board.
• A DUI is not a "crime of violence" aggravated felony on that basis, according to the U.S. Supreme Court (Leocal v. Ashcroft, 2004).
• But a DUI while knowing your license was suspended or revoked is a crime involving moral turpitude.

DUI and citizenship

• Two or more DUI convictions during the period USCIS looks at create a presumption that you lack good moral character. You can try to overcome it, but rehabilitation alone may not be enough. USCIS has applied this rule to citizenship since December 2019.
• Since August 2025, USCIS officers look at your whole life. Proof of rehabilitation, like finishing probation and letters from your community, can help.
• USCIS will not approve citizenship while you are still on probation.

DUI and the green card medical exam

The doctor who does the immigration medical exam is told to look at harmful behavior like driving while intoxicated when it is linked to an alcohol or drug use disorder. Talk to a lawyer before that exam if you have a DUI.

Where to get a defense lawyer

San Mateo County Private Defender Program, (650) 298-4000. Santa Clara County Public Defender, (408) 299-7700.

What about drugs, marijuana and Prop 36?

Drug cases are among the most dangerous for immigrants, even small ones, and even marijuana that is legal in California. Get immigration advice before any plea, any treatment program, or any application.

Drug convictions

• Deportation: almost any drug conviction makes an admitted person deportable. The one exception is a single offense of having 30 grams or less of marijuana for your own use.
• Green cards: a drug conviction, or just admitting you committed a drug offense, can block a green card. So can an officer's "reason to believe" you were involved in drug trafficking.
• Citizenship: drug offenses during the period USCIS reviews block good moral character, with the same small marijuana exception. Admitting the acts counts, even without a charge.

Legal marijuana in California is still a federal problem

California lets adults 21 and over have up to 28.5 grams of cannabis and 8 grams of concentrate, and grow up to six plants. Federal immigration law does not follow state law. Marijuana is still a federally controlled substance.

On April 23, 2026, the U.S. Department of Justice moved FDA approved marijuana products and marijuana products regulated by a state medical marijuana license into Schedule III. That does not make them legal under federal immigration law. Every schedule, I through V, is still a "controlled substance." A hearing on wider changes began June 29, 2026.

What this means for you:

• Do not admit to any officer that you used, grew, sold or carried marijuana without talking to a lawyer first.
• Think hard before working in the cannabis industry if you are not a citizen. Ask an immigration lawyer first.
• Do not carry marijuana when traveling or near a border, and be careful what your phone and social media show.

The Immigrant Legal Resource Center gives this same advice: avoid marijuana until you are a citizen, and stay silent and talk to a lawyer if asked about it. See Is marijuana legal in California? Can a cannabis job hurt me?

Prop 36 (in effect since December 18, 2024)

Prop 36 created a new kind of drug felony called a "treatment mandated felony." It applies to having hard drugs like fentanyl, heroin, cocaine or meth when you already have two or more past drug convictions. It does not apply to cannabis, LSD or psilocybin.

To get treatment instead of jail, you must plead guilty or no contest, admit the past convictions, and agree to finish treatment. If you finish, the court dismisses the case, and under state law it does not count as a conviction "for any purpose."

For immigration, that dismissal may not help. Federal law counts a guilty plea plus any punishment or restraint as a conviction, even if the state later dismisses it after a program. The Immigrant Legal Resource Center warns that a conviction under this new law may even count as an aggravated felony. Ask an immigration lawyer this exact question before you plead.

The Judicial Council's report for 2025 (March 2026) counted 19,104 treatment mandated felony cases filed. People chose treatment in 3,207 cases, and 57 cases were dismissed after treatment was finished. Courts also reported 15,508 felony theft filings under Penal Code 666.1. Some courts said treatment services were lacking in their county.

Prop 36 also allows longer sentences for some drug sales. See What Prop 36 means for immigrants charged with drug or theft crimes.

Old drug cases

Some old California drug cases can be fixed for immigration. See Can clearing my record help? Important examples:

• Old "deferred entry of judgment" (DEJ) drug pleas granted on or after January 1, 1997 can be withdrawn and dismissed under Penal Code 1203.43, because the state's old promise that the plea would not count was wrong for immigrants.
• Prop 64 lets people who finished their sentence ask the court to dismiss and seal, or reduce, many old marijuana convictions.

What about theft and shoplifting?

Even a small theft case can be dangerous, especially since the Laken Riley Act. If you entered without permission, being arrested or charged for shoplifting can lead to ICE detention with no bond, even if the case is later dropped.

The Laken Riley Act

Since January 29, 2025, ICE must detain people who entered without permission, used fraud to get in, or lack valid entry papers, if they are charged with, arrested for, convicted of, or admit burglary, theft, larceny or shoplifting. No conviction is needed.

In California, a "cite and release" ticket for a misdemeanor is legally a release after an arrest (Penal Code 853.6). The Laken Riley Act (Pub. L. 119-1) says "charged with, is arrested for," and says the words theft and shoplifting take their meaning from the state where the acts happened. It does not say whether a citation counts. We found no court ruling on this. Ask a lawyer right away if you got a citation for shoplifting or theft.

Theft and the one year line

A theft offense with a term of imprisonment of at least one year, even suspended, is an aggravated felony. Keep any theft sentence at 364 days or less if at all possible. Your lawyer must also check whether the theft counts as a crime involving moral turpitude for your situation.

California theft rules after Prop 36

• Theft of property worth $950 or less is generally a misdemeanor.
• But since Prop 36, it can be a felony if you have two or more past convictions for certain theft crimes.
• Prosecutors can add up the value of several thefts into one charge.
• Sentences can be longer when three or more people commit a theft together.

What to do

1. Stay silent. Do not explain or apologize to store security or police. Ask for a lawyer.
2. Tell your defense lawyer you are not a citizen, and how you entered.
3. Do not plead to any theft charge until an immigration lawyer has looked at it.
4. Make a family plan now in case ICE detains you. See Make a family preparedness plan.

For more, see Can a shoplifting or theft charge affect my immigration status?

Can my probation officer report me to ICE?

California law limits what local law enforcement can share with ICE, and those limits reach county probation departments. But criminal history can still be shared, and the rules are not the same everywhere.

What the law says

• The Values Act bars local law enforcement from asking about status, holding people for ICE, or sharing home or work addresses that are not public.
• Agencies may share your criminal history with immigration authorities if local policy allows it.
• The TRUTH Act, which requires the ICE interview consent form, covers agencies that monitor probation or parole.
• The Values Act uses the same definition of "local law enforcement agency" as the TRUTH Act, and that definition includes agencies that monitor probation or parole (Government Code 7284.4 and 7283). So the Values Act limits reach county probation departments. How each county applies them still varies, so ask your lawyer.

San Mateo and Santa Clara counties

• San Mateo County's ordinance limits county departments and staff, including probation, from using county resources to help immigration enforcement. San Mateo County Probation reports ICE requests publicly. It reported zero immigration detainer requests in every month from January 2025 through August 2026, and one immigration inquiry each in January and May 2026.
• Santa Clara County has its own policy against holding people for ICE without a judge's warrant. We did not find a written Santa Clara probation policy on ICE requests.

What you should do

• Go to every probation meeting and follow every term. Missing probation can lead to jail, and jail can lead to ICE.
• Do not answer questions about your status from your probation officer. You can say, "I'd like to talk to my lawyer about that."
• Never claim to be a U.S. citizen if you are not.
• Ask about ending probation early. A court can end or change probation early under Penal Code 1203.3. Since 2021, California law (AB 1950) limits most misdemeanor probation to 1 year and most felony probation to 2 years, with some crimes left out.

Finishing probation matters for immigration too. USCIS will not approve citizenship while you are on probation, and completing probation is listed as proof of rehabilitation. See Can my probation officer report me to ICE?

How do I get a copy of my record?

Get your full record before you apply for anything or ask a lawyer to review your case. You cannot fix what you cannot see, and immigration forms ask for every arrest.

Your California record (DOJ Record Review)

1. Print Form BCIA 8016RR and check "Record Review."
2. Take it to a Live Scan site to be fingerprinted.
3. Pay the $25 DOJ fee plus the Live Scan site's own fee.
4. The DOJ mails your record. The page gives no processing time.

Fee waiver: if you get public assistance or have low or no income, you can ask the DOJ to waive the $25 online. It does not cover the Live Scan site fee.

Important: a Record Review copy cannot be used for immigration. For immigration, use Form BCIA 8016 VISA. It costs $32 plus the fingerprint fee, and the DOJ mails the response only to you.

Out of state? Use FD-258 fingerprint cards and Form BCIA 8705 (Spanish: 8705S), and mail a check or money order to the California Department of Justice. Record Review Unit: (916) 227-3849.

Found a mistake? The DOJ includes Form BCIA 8706 with your record. Mail it back with a copy of the record, the reason, and proof.

Your FBI record

The FBI Identity History Summary shows arrests in every state. By mail, it costs $18 with an FD-1164 fingerprint card, paid to the "Treasury of the United States," mailed to FBI CJIS Division, Summary Request, 1000 Custer Hollow Road, Clarksburg, WV 26306. Results take up to about 15 days plus mail time. You can also apply online at edo.cjis.gov and get fingerprinted at a U.S. Post Office.

Court records (the papers immigration wants)

Immigration agencies want certified court records, especially the final "disposition" that shows how each case ended.

• San Mateo Superior Court, Records Management: 400 County Center, 1st Floor, Room A, Redwood City, CA 94063. Copies by mail cost $0.50 per side, a certified copy costs $40, and the court replies within 30 days. Staff do not research files for you, so give your case number.
• Santa Clara Superior Court: search cases filed in 2004 or later at portal.scscourt.org. Mail a request letter with a check to the Clerk of the Superior Court for no more than $10. The Santa Clara County Sheriff's criminal history line is (408) 808-4705, 55 West Younger Avenue, San Jose.

If a court says a record no longer exists, get that in a certified letter. USCIS accepts certified proof that a record is not available.

Automatic relief shows up here too

California now gives some people "automatic record relief." It is not a dismissal, sealing or expungement. Your DOJ record just shows "relief granted." The DOJ does not tell you when it happens, so a Record Review is the way to check. For immigration, you still need the full court record.

See How to get a copy of your criminal record in California.

Can clearing my record in California help my immigration case?

It depends on how the record is cleared. A regular "expungement" usually does not help with immigration. A conviction vacated for a legal mistake does. Know the difference before you spend time and money.

Expungement (Penal Code 1203.4): helpful for jobs, usually not for immigration

"True expungement does not exist in California," the state courts say. What people call expungement is a dismissal under Penal Code 1203.4. The court lets you withdraw your plea and dismisses the case.

• Who can use it: you have no new case pending and you are not on probation or parole. If you finished probation or it ended early, the court must grant it. Misdemeanors with no probation usually need a one year wait. Felonies served in county jail need one or two years. Some sex offenses and Vehicle Code offenses are left out.
• Forms: CR-180 (petition) and CR-181 (order). Some courts charge no filing fee. Ask yours.
• For immigration: the conviction still counts. You must still report it and give the records.
• For DACA, it can help. The DACA rule says expunged convictions are not treated as disqualifying convictions. USCIS can still weigh the facts.

Expungement is still worth it for many people for jobs and housing. Just don't count on it for immigration. Talk to an immigration lawyer first, because a court filing can also bring your case to officials' attention.

Vacating a conviction (Penal Code 1473.7): the main immigration fix

This is the strongest tool. It erases the conviction for immigration because it is based on a legal defect.

• Who can use it: anyone who is no longer in criminal custody (no longer in jail, on probation or on parole for that case).
• The main reason: a mistake damaged your ability to understand, fight, or knowingly accept the immigration effects of your plea. For example, your lawyer never told you, or told you wrong. You do not have to prove your lawyer was "ineffective."
• Two other reasons: new evidence that you are innocent, or that race, ethnicity or national origin affected your case.
• What you must show: that the conviction is causing or could cause deportation or denial of a status, and, more likely than not, that you would have rejected the plea if you had known. The California Supreme Court said in 2023 (People v. Espinoza) that no one kind of evidence is required. Your own statement, your ties here and your priorities can count.
• The deadline: you can file at any time while you are out of custody. But once you get a Notice to Appear or a final removal order based on the conviction, you must act with "reasonable diligence." Do not wait.
• The hearing: you get a hearing. The court can hold it without you there if you ask and have good cause, which matters if you are detained or abroad.
• If you win on a plea case, the court must let you withdraw the plea. You may still have to face the original charge unless it is dismissed. Either side can appeal.
• New in 2026: the law was updated by SB 734, effective January 1, 2026.

Other ways to fix old cases

• The judge never warned you (Penal Code 1016.5). If the court did not give the immigration warning before your plea, it must vacate the judgment and let you withdraw the plea. If there is no record of the warning, the law presumes it was not given. For pleas before January 1, 2026, the lack of a word for word warning is not enough by itself.
• Old drug diversion pleas (Penal Code 1203.43) for deferred entry of judgment granted on or after January 1, 1997. The ILRC suggests using 1473.7 for 1997 to 2017 cases to avoid challenges from DHS.
• Survivors of trafficking or partner violence (Penal Code 236.14 and 236.15) can ask to vacate nonviolent offenses that were a direct result of being a victim.
• Withdraw a plea with Form CR-187, or other motions while still on probation or in custody (ILRC lists Penal Code 1018 and habeas corpus).
• Reduce a sentence of one year for a misdemeanor to 364 days (Penal Code 18.5), if sentenced before January 1, 2015.
• Reduce a "wobbler" felony to a misdemeanor (Penal Code 17(b)), or a qualifying felony under Prop 47 (Penal Code 1170.18). These count for all purposes in California, but the ILRC warns that DHS may argue they do not count for immigration.
• A full and unconditional pardon from the Governor or the President waives deportation for crimes involving moral turpitude, aggravated felonies and high speed flight (8 U.S.C. 1227(a)(2)(A)(vi)). It does not waive drug, firearm or domestic violence grounds, and the green card rules in 8 U.S.C. 1182 have no pardon waiver. There is no fee to apply, and there are two routes: a Certificate of Rehabilitation from the court, or a direct application to the Governor's office. See Can a California governor pardon help an immigrant?

For step by step help, see Can clearing my record in California help my immigration case?, Ways to fix an old California conviction for immigration and Ask a court to cancel an old conviction under 1473.7.

How does a record affect DACA, a green card, citizenship or travel?

Each benefit has its own rules. Before you apply for anything or travel, have a lawyer review your full record. Applying can bring your record to officials' attention, and trips you took before without trouble do not mean the next one is safe.

DACA

• Barred by: any felony; one "significant misdemeanor" such as DUI; or three or more other misdemeanors not on the same date or from the same act. USCIS can also deny someone it sees as a threat to public safety.
• Not counted under that rule: expunged convictions, juvenile delinquency adjudications, and minor traffic offenses.
• What to send: an original or court certified copy of the complete arrest record and final disposition for each incident. For records that were vacated, set aside, sealed or expunged, send a certified copy of the court order, or a court statement that no record exists.
• Today: USCIS processes DACA renewals. It accepts first time requests but does not decide them because of a court order.

See Can I get DACA if I have been arrested or convicted?, Do three misdemeanors disqualify me? and How to keep your DACA.

Green cards

When you apply for a green card, the "inadmissibility" rules apply. See the three tests. Ask a lawyer whether any ground applies to you, and whether anything can be done about it, before you file. Never leave out an arrest. Lying on an immigration form is its own ground of inadmissibility for fraud. See Green card paths: the complete guide.

Citizenship

• Report everything. The current N-400 (edition 01/20/25) tells you to report all offenses, including expunged ones and ones before you turned 18. If you leave them out, USCIS may deny you.
• Bring the papers. Arrest reports, "no charges" letters, final dispositions, sentencing records, proof you finished your sentence, and any orders that vacated or expunged a case. Send copies with the application and bring originals or certified copies to the interview. Traffic tickets only need papers if alcohol or drugs were involved, you were arrested, or someone was seriously hurt.
• Permanent bars include murder and an aggravated felony conviction on or after November 29, 1990.
• Bars during the review period include a crime involving moral turpitude, drug offenses (except one simple possession of 30 grams or less of marijuana), 180 days or more in jail, two or more convictions with total sentences of 5 years or more, false testimony, and two or more DUIs.
• Not while on probation. USCIS will not approve citizenship until probation, parole or a suspended sentence is finished.
• Since August 15, 2025, USCIS looks at your whole life. It gives weight to family care, work, education, community service and paying taxes, and it looks hard at problems like repeated traffic tickets. Proof of rehabilitation helps.
• Real risk: applying for citizenship with some records can lead USCIS to send you to immigration court. Since August 29, 2025, USCIS issues a Notice to Appear to applicants who falsely claimed citizenship or voted unlawfully, with limited exceptions.

See Applying for citizenship with an arrest record: is it safe? and Citizenship: the complete guide.

Travel

California's courts warn that a record can lead to being denied reentry after a trip. Green card holders with records, pending charges or old drug cases should not leave the country until a lawyer reviews their case. DACA recipients with advance parole should do the same. See Should green card holders travel abroad? and Before you leave the United States.

What changed in 2025 and 2026?

The rules moved fast. Here is what we confirmed on October 18 to 21, 2026. If you read older advice, check it against this list.

• Laken Riley Act (January 29, 2025). ICE must hold, with no bond, people who entered without permission or lack valid entry papers if they are charged with, arrested for, convicted of or admit theft, shoplifting, burglary, assault on a police officer, or a crime causing death or serious injury.
• No bond for people who entered without permission (September 5, 2025). The immigration appeals board said judges cannot give these people bond hearings. The Ninth Circuit disagreed on July 30, 2026. The U.S. Supreme Court agreed to decide the question on October 1, 2026. As of October 21, 2026, no argument date was set (docket).
• Citizenship and good moral character (August 2025). USCIS now takes a "holistic" look, weighing positive contributions and rehabilitation along with closer review of misconduct. Since August 29, 2025, false claims to citizenship and unlawful voting lead to a Notice to Appear in most cases.
• Word for word plea warning (January 1, 2026). Under SB 281, California judges must read the immigration warning exactly as written before a guilty or no contest plea.
• Vacating old convictions (January 1, 2026). SB 734 updated Penal Code 1473.7.
• Prop 36 (in effect since December 18, 2024). New theft felonies for repeat cases, longer sentences for some drug sales, and the new treatment mandated drug felony.
• San Mateo County (November 2025). The county voted to strengthen its ordinance limiting help to immigration enforcement. Probation now reports immigration requests.
• Marijuana (April 23, 2026). Federal officials moved FDA approved and state medical licensed marijuana products to Schedule III. Marijuana is still a controlled substance for immigration.
• Fast deportation everywhere (June 23, 2026). A federal appeals court lifted the order that had paused the expansion (Make the Road New York v. Mullin). ICE can use expedited removal anywhere in the country on people who cannot show two years here. The challengers asked the full court to rehear the case on July 27, 2026; no ruling has been reported. Keep proof of how long you have lived here. See Papers that show how long you have lived here.

What has not changed: you have the right to stay silent, the right to a lawyer in criminal court, the right to accurate immigration advice before a plea, and the right to refuse an ICE interview in a California jail. Use them.

Where can I get free help in the Bay Area?

You may need two kinds of help: a criminal defense lawyer for the criminal case, and an immigration lawyer or DOJ accredited representative for the immigration side. Ask them to talk with each other. These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Criminal defense (free if you qualify)

• San Mateo County Private Defender Program: (650) 298-4000
• Santa Clara County Public Defender: (408) 299-7700, 120 West Mission Street, San Jose
• Santa Clara County Public Defender Reentry Expungement Program: (408) 535-4290, Reentry Resource Center, 151 West Mission Street, San Jose. For people who meet its income rules and were not sentenced to state prison.

Immigration and record clearance, East Palo Alto and San Mateo County

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense and record clearance for people with low income in San Mateo and Santa Clara counties. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto.
• Catholic Charities San Francisco, immigration services (serves San Mateo County): (650) 285-6451
• Legal Aid Society of San Mateo County: (650) 558-0915
• San Mateo County Immigrant Services: (650) 363-4194
• San Mateo County rapid response hotline, if someone was just detained by immigration: (203) 666-4472, 24 hours

Santa Clara County

• Asian Law Alliance: (408) 287-9710
• Catholic Charities of Santa Clara County: (408) 468-0100
• Santa Clara County rapid response line: (408) 290-1144

Statewide

• CDSS map of free immigration legal services: cdss.ca.gov, (916) 651-8017
• Bay Area Legal Aid advice line: 1-800-551-5554

Before you pay anyone, check them. Only a licensed lawyer or a DOJ accredited representative can give immigration legal advice. See How to find a trusted lawyer, Free or low cost immigration legal help in the Bay Area and Warning signs of an immigration scam.

When you call, say: "I am not a U.S. citizen. I have a criminal case (or an old conviction) in ______ County. My status is ______. I need help with ______ before ______ (court date or application date)."

Questions people ask

Will one arrest get me deported? Not by itself, in most cases. What matters is your status, the exact charge and how the case ends. But if you entered without permission, some arrests (like theft or shoplifting) can lead to ICE detention with no bond. Talk to a lawyer right away. See How does an arrest lead to deportation?

Should I tell the police I am undocumented? No. You have the right to stay silent. Say "I want to remain silent. I want a lawyer." Tell only your own lawyer about your status. Never lie or show false papers.

Do I have to tell the judge my immigration status? No. California law says no one has to tell the court their legal status at a plea.

Is a plea of "no contest" safer than "guilty" for immigration? No. For immigration, a no contest plea plus any punishment counts as a conviction, just like a guilty plea.

If my case gets dismissed after diversion or a program, is it gone for immigration? Not always. If you had to plead guilty first, it usually still counts as a conviction for immigration, even after the dismissal. Ask before you agree to the program. See Does an old drug diversion plea still count against me?

Does an expungement stop deportation? Usually not. An expungement under Penal Code 1203.4 still counts as a conviction for immigration. A conviction vacated for a legal mistake does not. See Does expunging my conviction stop deportation?

Can I get DACA if I have a DUI? One DUI conviction bars DACA, whatever the sentence. Talk to a lawyer about whether the conviction can be vacated. See Can I get DACA if I have been arrested or convicted?

Does a juvenile case count? Juvenile adjudications are not disqualifying convictions for DACA. But the citizenship form asks about offenses before age 18, so ask a lawyer before you answer. See Can a juvenile record affect my immigration status?

Can California jails hold me for ICE? Not past your release time on an ICE request alone. Jails may tell ICE your release date or transfer you only in limited cases, like certain serious convictions or a judge's warrant. See What is an ICE detainer?

Can I refuse to talk to ICE in jail? Yes. The jail must give you a written form first. You can say no, or talk only with your lawyer present.

Is marijuana safe now that it is legal in California? Not for immigration. It is still a federal controlled substance. Admitting use can hurt a green card or citizenship case. See Can legal marijuana in California still cause immigration problems?

Can I travel with a pending case or an old conviction? Do not leave the country until a lawyer reviews your record. You could be denied reentry. See Can I travel as a green card holder with pending criminal charges?

Can I apply for citizenship while on probation? USCIS will not approve citizenship until probation is finished. Wait, and get legal advice before you apply.

How do I find out what is on my record? Ask the California DOJ for a Record Review ($25 plus the Live Scan fee, waiver available) and the FBI for your Identity History Summary ($18 by mail). Get certified court dispositions for immigration. See How do I find out if I have a criminal record?

I was a victim of trafficking or abuse and was forced into a crime. Can that be cleared? California lets survivors ask to vacate nonviolent offenses that were a direct result of trafficking or intimate partner or sexual violence. See Can a criminal record from trafficking or abuse be cleared? and Help for survivors.

What to tell my defense lawyer

Print this. Give a copy to a family member, and bring one to your lawyer.

My record and immigration checklist

Use this before you apply for DACA, a green card or citizenship, before you travel, or before you ask a court to clear your record.

A record is part of your story. It is not the end of it. California has given people real tools to fix old mistakes, and many people have walked this road and kept their families together. Take one step today: get your records, or make one call.