Have you ever been arrested?

When the USCIS officer asks whether the applicant has ever been arrested, the applicant must respond truthfully and disclose every arrest regardless of outcome, including arrests that were dismissed, expunged, sealed, or for which charges were never filed. The N-400 application requires disclosure of every arrest, charge, citation, conviction, or detention by any law enforcement agency, anywhere in the world, at any time, even if the applicant was a juvenile, even if the case was dismissed, and even if records were sealed or expunged. This is one of the most strictly enforced disclosure requirements in the entire naturalization process. False statements about arrest history can lead to denial of the application, revocation of permanent resident status, and even criminal prosecution.

The good moral character requirement is the legal standard. Section 101(f) of the Immigration and Nationality Act lists certain bars to good moral character, including: most aggravated felonies, two or more crimes involving moral turpitude (CIMTs), most controlled substance offenses, prostitution-related offenses, alien smuggling, polygamy, false claims to U.S. citizenship, certain immigration fraud, and others. Even a single conviction can be a permanent bar in some cases. For lesser offenses, the bar generally applies during the statutory period (usually the 5 years before filing, or 3 years for spouses of U.S. citizens), although USCIS can also consider conduct outside that period.

Many minor traffic offenses are excluded from the disclosure requirement: applicants do not need to list traffic citations of less than 500 dollars unless drugs or alcohol were involved. But all DUIs/DWIs, driving without a license, hit-and-run incidents, and similar must be disclosed. All arrests, even without charges, must be disclosed.

Applicants who have any criminal history should obtain certified court records (disposition records) from every court where they were charged, including outcomes (acquittal, dismissal, plea, conviction), sentence, and proof of completion of any sentence (probation, fines, community service). Police clearance letters from the FBI (Form FD-258 fingerprint check) and from each local jurisdiction may be needed. Some convictions can be removed from consideration through post-conviction relief (vacating, expungement, or other relief), but USCIS may still consider the underlying conduct.

Applicants with criminal history should consult an experienced immigration attorney before filing the N-400. Lying or omission can be more damaging than the original offense. The officer typically has access to FBI fingerprint records and can see anything that was ever recorded in a federal or state database. Honesty paired with documentation and explanation is the only safe approach.