Naturalization with a criminal record
All information on naturalization despite minor or serious criminal records.
Here you learn ...
when naturalization is possible despite a criminal record
which criminal records are relevant for naturalization
whether you can become a citizen even if you have a serious criminal record
whether naturalization is possible during ongoing investigations
Table of Content
1. Naturalization despite criminal records
2. What penalties are relevant for naturalization?
3. Naturalization in cases of serious crimes (deletion periods of the Federal Central Register)
4. Naturalization of criminal records from abroad
5. Ongoing investigations into naturalization
1. Naturalization despite criminal records
Naturalization in Germany is an important step toward full legal and social participation. But what happens if a criminal record is involved? Many people ask: Can you become a naturalized citizen with a criminal record? The answer is: It depends. Naturalization despite a criminal record is not impossible, but it always depends on the individual case.
In principle, Section 10, Paragraph 1, Sentence 1, No. 5 of the Citizenship Act (StAG) requires applicants to demonstrate a so-called " crime-free lifestyle ." As a foreigner, you must not have been sentenced to a penalty (or a measure of reform and prevention) for an unlawful offense. However, this does not mean that every criminal record automatically leads to the rejection of your application for naturalization. The decisive factor is whether the offense is a minor offense or a serious conviction.
2. What penalties are relevant for naturalization?
The principle of a crime-free lifestyle may be waived in certain cases involving minor offenses. According to Section 12a of the Austrian Citizenship Act (StAG), the following offenses are not relevant for naturalization:
Educational measures or disciplinary measures under the Juvenile Justice Act
Convictions to fines of up to 90 daily rates
Convictions to imprisonment of up to three months which were suspended and waived after the expiry of the probationary period
It should be noted, however, that according to the law, any penalty (including those listed above) is relevant if the foreigner has been convicted of an unlawful anti-Semitic, racist, or other degrading act ( Section 12a, Paragraph 1, Sentence 2 of the StAG ). It should also be noted that the law adds the penalties together if multiple offenses have been committed, unless a lower total penalty is calculated; if a fine and a prison sentence are imposed, one daily penalty corresponds to one day of imprisonment. If the penalty or the sum of the penalties slightly exceeds the limits, a decision will be made on a case-by-case basis as to whether this can be disregarded.
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3. Naturalization in cases of serious crimes
Naturalization is still possible even for more serious crimes. In these cases, however, it depends on whether the conviction has already been expunged under the Federal Central Criminal Register Act (BZRG) . The expungement period depends on the severity of the criminal record, with a graduated expungement period of 5, 10, 15, and 20 years. Therefore, for serious crimes, it may take 10 to 20 years before you can apply for naturalization.
Important: Many people think that they are considered to have no criminal record as soon as there are no more entries on their certificate of good conduct. This is generally correct, but there are special rules regarding immunity from prosecution in the naturalization process . Even convictions that are no longer on the certificate of good conduct can still be relevant in the naturalization process. According to Section 41 Paragraph 1 No. 6 of the Federal Central Register of Criminal Records Act (BZRG), information from the Federal Central Register that does not appear on the certificate of good conduct is also permitted to be sent to the naturalization authority. The certificate of good conduct is not the same as the Federal Central Register. It only contains selected entries. This is why you may believe you have no criminal record (as evidenced by your certificate of good conduct) - even though a conviction is still registered in the background, which would lead to your naturalization application being rejected.
4. Naturalization of criminal records from abroad
With regard to criminal convictions, not only sentences imposed by German courts are relevant, but criminal judgments from abroad can also be relevant. Foreign convictions must be taken into account for naturalization if the offense is considered a criminal offense in Germany, the conviction was handed down in a legal process, and the sentence is proportionate ( Section 12a (2) of the Citizenship Act ). Such a conviction can no longer be taken into account if it would have to be expunged under the Federal Central Criminal Register Act. In concrete terms, this means that at least all judgments from countries with a functioning constitutional state are relevant for naturalization applications in Germany. Therefore, if you have been convicted of a criminal offense abroad, it is advisable to seek advice from a lawyer specializing in naturalization law about the chances of success of a naturalization application.
5. Ongoing investigations into naturalization
In naturalization law, it is not only criminal convictions that are relevant; ongoing investigations can also become a problem. If an investigation is being conducted against a foreign national who has applied for naturalization on suspicion of a criminal offense, a decision on the application may not be made . The responsible authority is legally obliged to suspend the proceedings until the investigation is discontinued or, in the case of charges, the court proceedings have been legally concluded ( Section 12a Paragraph 3 of the StAG ). In concrete terms, this means: As long as the police or public prosecutor's office is investigating you, no decision will be made on your application for naturalization . If you are currently subject to an investigation and would like to apply for naturalization at the same time, you should definitely wait until the proceedings have been concluded. To avoid incorrect decisions, it is advisable to seek advice from a law firm specializing in naturalization law as early as possible.
Summary of this Page
Naturalization in Germany is not impossible despite a criminal record, but is always decided on a case-by-case basis. It is important to consider whether the offense is minor or serious. Minor penalties such as fines of up to 90 daily rates or short suspended sentences may be disregarded. This does not apply to serious offenses, however. Serious offenses are only disregarded for naturalization purposes if they have already been deleted from the Federal Central Criminal Register (BZR) after the relevant deadline. Foreign criminal records also count, provided they were obtained in a legal process and the offense would be punishable in Germany. Ongoing investigations also mean that the application will not be decided until the proceedings are concluded.
