How a criminal record can affect your immigration status

This page is general information, not legal advice. Every case is different. Only an attorney or a DOJ accredited representative can tell you what your record means for you.

Can an arrest or a conviction hurt my immigration status?

Yes, if you are not a U.S. citizen. That includes green card holders, even people who have had a green card for decades.

What matters is the exact crime, the exact code section, the sentence the judge gave, and your immigration status. "Felony" or "misdemeanor" alone does not decide it. Some misdemeanors cause serious problems. Some felonies cause none. That is why you need a real review of your own record, not a guess.

What does "deportable" or "inadmissible" mean?

Immigration law has two lists of crime problems. Which list applies depends on where you are in the process.

• Deportable applies to people who were lawfully let in, like green card and visa holders. These grounds let the government try to remove you.
• Inadmissible applies when you ask for something new, like a green card, or when you come back into the U.S. after a trip. These grounds can block the new benefit or your reentry.

Some of the main crime grounds in federal law:

This table is a short summary, not the whole law. There are other grounds and many exceptions.

Does it have to be a conviction?

Usually a conviction is what counts. But not always, and immigration law has its own meaning of "conviction."

• A conviction can exist even when you think it doesn't. For immigration, it includes a plea of guilty or no contest plus some punishment or restraint, even if the judge "withheld" a finding of guilt. Some diversion pleas can count.
• Admitting a crime can be enough for some inadmissibility grounds, even with no conviction.
• "Reason to believe" you trafficked drugs can block a green card with no conviction.
• An arrest or a charge alone can lead to mandatory ICE detention for some people (see the next section).
• For DACA, USCIS looks at arrests too. A felony, a "significant misdemeanor," or three or more other misdemeanors bar DACA. See Keep your DACA.

What changed in 2025 and 2026?

The rules got harder. We won't sugarcoat it.

• The Laken Riley Act became law on January 29, 2025. If you entered without inspection, used false papers or fraud to get in, or lack valid entry documents, you can now be held by ICE with no bond if you are charged with, arrested for, convicted of, or admit burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that causes death or serious bodily injury. ICE must ask the jail to hold you. An arrest is enough. A conviction is not needed.
• Bond for people who entered without inspection. On September 5, 2025, the Board of Immigration Appeals said immigration judges cannot give bond to people who entered without inspection, even after many years here (Matter of Yajure Hurtado). On July 30, 2026, the Ninth Circuit, which covers California, disagreed. It held that people who entered without inspection and were later arrested inside the country can ask a judge for a bond hearing (Rodriguez Vazquez v. Bostock). Other circuits have ruled the other way. On October 1, 2026, the U.S. Supreme Court agreed to decide the question (No. 26-104). As of October 21, 2026, no argument date is set. The Laken Riley Act rule above is separate: it still means no bond for people it covers. A lawyer can tell you what applies to you today. See Not a citizen and arrested in California.

If my record was expunged, am I safe?

Usually not for immigration. USCIS says an expunged or dismissed conviction is still a conviction for immigration purposes. A conviction thrown out because of a legal error in the case is different and can help. See Does clearing my record help my immigration case? and Ways to fix an old California conviction.

What should I do now?

One step at a time. You can do this.

1. Get your full record. Your California record, your FBI record and your court papers. See How to get a copy of your criminal record.
2. Don't travel outside the U.S. until an expert says it is safe. California Courts warns that a record can put you at risk of being denied reentry. Even past trips without trouble don't mean the next one is safe.
3. Don't file any immigration form yet. A new application can bring your record to the government's attention.
4. Tell the truth on every form. Immigration forms ask about arrests and convictions. Ask a lawyer how to answer before you sign.
5. Have an expert review it. Bring your record and the questions below to an immigration attorney or DOJ accredited representative.
6. Ask about fixes. Some old convictions can be reopened, for example if no one told you about immigration effects before your plea. See How to ask a court to cancel an old conviction under Penal Code 1473.7.

For other programs, see Can a criminal record stop me from getting TPS?, Can a criminal record keep me from getting asylum? and Applying for citizenship with an arrest or record.

Is there help in my language?

Some. California Courts has its guide for non citizens with a record in English and Spanish. If you are in a California jail and ICE asks to interview you, the jail's consent form must be offered in English, Spanish, Chinese, Tagalog, Vietnamese and Korean.

Need another language, such as Tongan, Tagalog or Chinese? Ask any clinic below for an interpreter before your appointment. Don't sign or decide anything you don't understand.

Who can help?

You don't have to figure this out alone. 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 (CLSEPA), for San Mateo and Santa Clara county residents: 650-326-6440. Deportation defense and record clearance for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Your criminal defense lawyer or public defender, if you have an open case. They must advise you on immigration effects.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• Outside California: the immigration court's list of free legal service providers, by state.
• More free and low cost help: Free or low cost immigration legal help in the Bay Area
• Before you pay anyone: How to find a lawyer you can trust and Warning signs of an immigration scam

Is there a list I can bring to a lawyer?

Yes. Fill in what you can. Leave blank what you don't know.