Can I get or keep DACA if I have been arrested? Getting your records ready

This page is general information, not legal advice. Every record is different. An immigration attorney has to look at yours before you file anything.

Will an arrest stop me from getting DACA?

Not by itself. The DACA criminal rules are about convictions. The rule bars people who have been convicted of a felony, a significant misdemeanor or three or more other misdemeanors (8 CFR 236.22(b)(6)). An arrest that was dropped or dismissed is not one of those bars.

But that is not the whole story:

• USCIS can still deny or end DACA if it sees you as a threat to public safety, and it looks at the whole picture (checked October 18, 2026). Your lawyer can tell you how an arrest may look in your case.
• You must report every arrest and charge and send the records for each one, even if the case was dropped (checked October 19, 2026).

So yes, there is often still a path. And yes, it has to be handled carefully.

Which convictions are a hard stop?

Under the federal DACA rule, you do not qualify if you have been convicted of any of these (checked October 18, 2026):

• A felony. That is a crime that can bring more than one year in jail.
• One significant misdemeanor. That means domestic violence, sexual abuse or exploitation, burglary, illegal gun possession or use, drug sales or trafficking, or driving under the influence. These count no matter what the sentence was.
• Any other misdemeanor with more than 90 days in custody.
• Three or more other misdemeanors that did not happen on the same day and did not come from the same act.

You also do not qualify if USCIS sees you as a threat to national security or public safety.

Labels can fool you. A case called a misdemeanor in California might be treated differently under these federal rules, and the reverse. That is why a lawyer must read the actual court papers, not just your memory of them.

Do traffic tickets count?

Minor traffic tickets do not count as misdemeanors for DACA. Driving under the influence always does (USCIS DACA FAQ, checked October 18, 2026). For DUI, see Does a DUI affect my immigration case or DACA?

When you renew, you don't need to send papers for a minor traffic ticket unless alcohol or drugs were involved (checked October 18, 2026). If you are not sure a ticket was minor, ask.

What about a juvenile case?

A juvenile delinquency case (a case handled in juvenile court) is not a disqualifying conviction under the DACA criminal rule (checked October 19, 2026). USCIS can still look at the facts. Tell your lawyer about every juvenile case.

California keeps juvenile court files confidential, whatever your immigration status. State law says juvenile information may not be given to federal officials, or attached to papers given to them, without an order or approval from the juvenile court judge (Welfare and Institutions Code 831, checked October 21, 2026). USCIS is a federal agency. The DACA instructions say you do not have to send juvenile court records if they come from a state whose laws bar sharing them (Form I-821D instructions, checked October 19, 2026). You still answer the questions on the form honestly. Do not get or share juvenile files on your own. Let your lawyer decide what to describe and what to send.

A case where a minor was charged as an adult in adult court is different. Bring every paper to your lawyer.

Does a cleared or expunged record help?

It can. For DACA, an expunged conviction is not a disqualifying conviction under the criminal rule (checked October 19, 2026). USCIS can still weigh the facts case by case.

Two things to know:

• You still report it. If a case was vacated, set aside, sealed or expunged, the DACA instructions ask for a court certified copy of that order, or a court statement that no record exists (checked October 19, 2026).
• Automatic relief is not expungement. If your California record says "relief granted", that is California's automatic record relief. It is not a dismissal, sealing or expungement (checked October 18, 2026).

To learn how to clear a California record, see Does clearing my record in California help my immigration case?

Which records do I need to collect?

For each arrest, charge or case, the DACA instructions ask for an original or court certified copy of the complete arrest record and the final outcome (the disposition) (checked October 19, 2026). USCIS says it is your job to get your records, even if they were sealed or expunged (checked October 18, 2026).

Plan to gather:

1. Your California criminal record from the state Department of Justice. For immigration, the DOJ has a separate Visa/Immigration request on Form BCIA 8016 VISA. It costs $32 plus the fingerprint site's fee, and the DOJ mails the result only to you (checked October 19, 2026). A "Record Review" copy cannot be used for immigration (checked October 18, 2026).
2. Your FBI record (an Identity History Summary). By mail it is $18. You can also start online and get fingerprinted at a post office (checked October 18, 2026).
3. Court papers for every case, from the superior court in the county where it happened: the complaint, the minute orders, the plea, the sentence and the final outcome. Ask for certified copies.
4. Police reports, if your lawyer asks for them.
5. Proof you finished probation, classes, fines or community service.
6. Any order that dismissed, sealed, vacated or expunged a case.

For step by step request instructions, fees and addresses, see How to get a copy of your criminal record in California. Cases in another state or country need records from there too. Ask your lawyer how.

I already have DACA. Do I need to send anything when I renew?

Only if something is new. When you renew, you send new papers if, since your last request, you were charged with or convicted of a felony or misdemeanor, or you were put in immigration court (checked October 18, 2026). Minor traffic tickets are the exception, unless alcohol or drugs were involved.

If anything new happened, talk with an immigration attorney before you renew. See Keep your DACA for what can put DACA at risk.

My case is still open. What do I do?

Move now. The choices made in criminal court can decide your DACA.

• Tell your defense lawyer you have DACA or want it. In California, defense lawyers must give accurate advice about the immigration effects of a plea and try to avoid harm, in line with your goals (checked October 18, 2026). You do not have to tell the judge your status at the time of a plea (checked October 18, 2026).
• Get an immigration attorney too, and ask the two lawyers to talk before you agree to any plea. See Before you take a plea deal.
• In San Mateo County there is no public defender office. Court appointed lawyers come from the Private Defender Program, (650) 298-4000 (checked October 21, 2026).

Is it risky to apply with a record?

It can be. Be clear eyed about this:

• The information in a DACA request is generally not used to start deportation, except in cases of a criminal offense, fraud, or a threat to national security or public safety (checked October 18, 2026). A serious record can fall in that exception.
• If USCIS ends your DACA, your work permit ends too. USCIS usually sends a Notice of Intent to Terminate first (checked October 18, 2026).
• Knowingly giving false information on the DACA form is a federal felony, up to 5 years in prison (checked October 18, 2026). Never leave a case off.
• An arrest alone can lead to ICE detention for some people. A 2025 law requires detention of people who entered without inspection (and some others) if they are charged with, arrested for, convicted of or admit theft, shoplifting, burglary, larceny, assault on a law enforcement officer, or a crime that causes death or serious bodily injury (8 U.S.C. 1226(c)(1)(E), checked October 21, 2026). Having DACA does not take you out of that rule if you first entered without inspection. Ask your lawyer.
• Trying to buy a gun unlawfully can end DACA. A September 26, 2025 USCIS memo tells officers to end DACA for recipients who unlawfully try to buy a firearm (USCIS policy memoranda, checked October 21, 2026).
• On June 5, 2026, DHS proposed a rule that would add criminal history and fingerprint rules for work permits, including DACA work permits. We found no final rule as of October 21, 2026.

This is why we say: lawyer first, then file.

What mistakes should I avoid?

• Leaving off a case because it was dismissed, sealed, expunged or long ago.
• Sending a Record Review printout instead of what your lawyer asks for.
• Taking a plea, even a "small" one, before an immigration attorney looks at it.
• Guessing whether a ticket was "minor".
• Trusting anyone who promises your record "won't show up". See Warning signs of an immigration scam.

Common questions

My charges were dropped. Do I still report it? Yes. Send the arrest record and the paper that shows the case was dropped or dismissed.

It happened when I was 15. Does it count? A juvenile court case is not a disqualifying conviction under the DACA rule, but USCIS can still look at it. Tell your lawyer.

Can I get my record cleared before I file? Sometimes, and it may help. Ask an immigration attorney first, because some ways of clearing a record help and others do not. See Does clearing my record help?

I was arrested after I got DACA. Will it be taken away? Not automatically. It depends on what happens in court. Get both lawyers involved now.

Who can help?

You are not the first person to face this, and there are people 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 (CLSEPA): (650) 326-6440. Immigration help and record clearance for low income residents of San Mateo and Santa Clara counties.
• For Santa Clara County residents, Public Defender Reentry Expungement Program: (408) 535-4290, Reentry Resource Center, 151 W. Mission Street, San Jose. Income rules apply.
• For San Mateo County residents, Private Defender Program: (650) 298-4000, for court appointed defense lawyers.
• Immigration Institute of the Bay Area (Redwood City consultations): (650) 587-1558
• Catholic Charities (San Mateo County): (650) 295-2160
• Legal Aid Society of San Mateo County: (650) 558-0915
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

To check that someone is a real lawyer, use the State Bar of California attorney search or the Department of Justice accreditation roster.

Is there a list I can bring to a lawyer?

Yes. Fill it in before your meeting.