This is what Naturalization and a criminal record mean
It is important to understand the terms Naturalization and previous conviction and what they mean in relation to each other, especially in the Naturalization process. In the worst case scenario, a criminal record can determine the success of an application for naturalization.
The better informed you are on the subject, the more trouble you can save yourself in the end. You will then also understand when Naturalization works despite a criminal record and in which cases Naturalization does not work despite a criminal record.
Meaning of the terms Naturalization and previous conviction
Naturalization is the final stage of a citizen's integration into a state. It is a goal that many foreigners in Germany work towards for a long time. With Naturalization you are a citizen of the state in which you live as a foreigner.
From the moment you naturalize Naturalization , you are not a foreigner, but a citizen of the country in which you live. For Germany, this means that a foreigner who is naturalized has the same rights and the same obligations as any other German citizen from the first day of Naturalization .
A criminal record is a specific sentence that you received at a certain time for an offense. Not every criminal record ends up on the police record. It can happen that you have a criminal record that is not on your police record, but is on your criminal record.
This often leads to the false assumption that you have no criminal record if there is no entry in the police clearance certificate. The distinction between the police clearance certificate and the criminal record is very important.
You can find out which previous convictions are listed in a police clearance certificate under § 32 of the BZRG (Federal Central Criminal Register Act). This describes exactly which previous convictions are mentioned in the police clearance certificate. In general, it can be said that every legally binding criminal offense has the consequence that you as a person have a criminal record in your own criminal record.
Relevance of previous convictions for the Naturalization
Previous convictions are always relevant in the Naturalization process if they exceed a certain and fixed amount of daily sentences. Furthermore, previous convictions are also relevant when applying for German citizenship if the specified length of prison sentences is exceeded. If this period is exceeded by a custodial sentence, it is impossible to Naturalization .
Nevertheless, there are precise legal requirements that not every previous conviction prevents a Naturalization . Under certain circumstances, it can be dangerous if you have several minor previous convictions with daily rates. If you then exceed the legal requirement when adding up the daily rates, this can make it impossible to Naturalization .
Naturalization despite a criminal record?
The significance of previous convictions in Naturalization
Previous convictions play an important role when it comes to Naturalization in Germany. The German state very closely monitors the criminal records of people who want to become German citizens and sets clear limits. After all, one of the most important requirements for Naturalization despite a criminal record is that you must not exceed a certain level of previous convictions in order to be naturalized. This level of previous convictions is carefully checked by the naturalization authorities.
Reason for the criminal record check
German law stipulates the exact amount of custodial sentences that may not be exceeded by applicants to Naturalization . The same applies to daily sentences. As a general rule, the best case scenario is that you do not become liable to prosecution in the first place and do not commit a criminal offense. The naturalization authorities are obliged to strictly adhere to the legal requirements regarding previous convictions when applying for naturalization. For this reason, previous convictions are carefully checked and monitored.
Procedure for checking previous convictions at the Naturalization
When applying for Naturalization despite a criminal record, just as with any other Naturalization , the naturalization authority has the right to check whether the applicant has a criminal record that makes Naturalization impossible. The Federal Office of Justice in Bonn is contacted for this purpose. The Federal Office of Justice in Bonn is responsible for the Federal Central Criminal Register and maintains the Federal Central Criminal Register. The Federal Office of Justice then forwards the information to the naturalization authority once the check has been completed.
Legal basis for Naturalization despite previous conviction
There are clear legal requirements that must be kept in mind when applying for Naturalization despite a criminal record. These requirements can be used to check very precisely whether an application for German citizenship will work or not.
These requirements are like a guide that you should ideally be aware of throughout the naturalization process. The better you know about the requirements and observe them, the more positive the path to Naturalization will be in the end.
§ Section 10 (1) no. 5 StAG
Section 10 (1) no. 5 StAG clearly stipulates what prevents Naturalization from being used. The applicant for Naturalization must not have been convicted of an unlawful act, nor may he or she have been ordered to undergo a detention order at a time when the applicant for Naturalization was incapable of guilt (i.e. under the age of 14).
When you apply to Naturalization , you are expected to be truthful in the answers you give when applying for naturalization. If you provide false information, your citizenship can be subsequently revoked. See OVG Saarlouis 24.2.2016 - 2 A 138/15. Concealing a criminal record or deliberately providing false information is a criminal offense.
§ Section 12a StAG
Which penalties are exempt from § 10 Para. 1 No. 5 StAG can be found in § 12a StAG. Convictions to fines of up to 90 daily rates and convictions to prison sentences of up to 3 months are not affected by § 10 Para. 1 No. 5 StAG. The same applies to the imposition of educational measures or correctional measures under the Juvenile Courts Act.
Offenses committed abroad are also taken into account. So you cannot protect yourself because the offenses were committed abroad.
If you have been sentenced to a fine for a single offense of more than 90 daily rates, or if you have committed a prison sentence of more than 3 months, your Naturalization will not work and you will have to wait until the previous conviction can be expunged before applying. .
§ Section 42 StAG
Anyone who provides false information on the key requirements of Naturalization (including previous convictions) can receive a custodial sentence of up to 5 years or a fine in accordance with Section 42 StAG.
Not only the foreign applicant but also a German citizen can be an offender under Section 42 StAG if they make false statements about the applicant. § Section 42 StAG only punishes false statements regarding the decisive requirements of Naturalization.
If the applicant or someone else has made a decisive false statement about the applicant, which can be regarded as fraudulent misrepresentation in order to obtain Naturalization , then § 35 StAG para. 1 and para. 2 apply and citizenship can be subsequently withdrawn.
These previous convictions have an influence on the Naturalization
There are certain previous convictions that have an impact on Naturalization and make it impossible to obtain German citizenship.
Section 12a StAG, which specifies the amount of the fine and the custodial sentence, is decisive for the interpretation of whether Naturalization is successful or not despite a previous conviction. If these requirements are exceeded, the chances of a Naturalization are slim.
Previous convictions of more than 90 daily rates
§ Section 12a StAG para. 1 no. 2 states that previous convictions of up to 90 daily rates are not relevant for Naturalization . This means that a single fine of less than 90 daily rates is not a risk for a Naturalization .
However, if you exceed this requirement and are sentenced to a fine of more than 90 daily rates, it will be difficult to Naturalization . In this case, it then depends on the reasoning behind the decisions as to whether an application for naturalization is successful or not.
Prison sentences over 3 months
§ Section 12a StAG para. 1 no. 3 states that custodial sentences of up to 3 months that are suspended on probation have no consequences for Naturalization . However, if the sentence exceeds 3 months, the application for citizenship will not be successful until the sentence has been served.
It is also impossible to apply to Naturalization if the prison sentence has not been suspended but must be served. In this case, too, you have to wait until the offense has been expunged before submitting an application.
How previous convictions influence the naturalization process
Previous convictions have a decisive influence on the naturalization process if they are unlawful sentences according to § 10 para. 1 no. 5 StAG and are above the requirement of 90 daily sentences or 3 months' imprisonment on probation specified in § 12a.
In this case, it is up to the naturalization authority to decide how high the threshold has been exceeded and when the previous convictions took place.
If the previous convictions occurred within the 8 years of legal residence in Germany, then this is more detrimental to integration and is weighted more heavily than if the previous convictions were years before the period of residence in Germany.
Expungement of previous convictions
If several years have passed since a previous conviction, the question arises as to when this conviction has been expunged and when you are entitled to have the conviction deleted from the Federal Central Criminal Register. There are precise guidelines in the Federal Central Register Act.
Redemption period after 5 years according to § 46 BZRG
The repayment period depends on the amount of the respective previous conviction. This is stipulated in § 46 BZRG. A distinction is made between a redemption period after 5 years, 10 years, 15 years and 20 years.
There is a redemption period after 5 years for fines of less than 90 daily rates if, in addition to the previous conviction, no custodial sentence, no juvenile sentence and no criminal detention are entered in the criminal record.
A previous conviction can also be expunged after 5 years if it is a prison sentence or criminal detention of less than 3 months and there are no other criminal offenses. In addition, a previous conviction can also be deleted from the Federal Central Criminal Register after 5 years if it is a juvenile sentence of less than one year.
Expungement of previous convictions after 10 years
There is a redemption period after 10 years for fines of more than 90 daily rates, fines of up to 90 daily rates and a further custodial or juvenile sentence and for custodial sentences or imprisonment of more than 3 months but less than one year, if there is no additional custodial sentence, imprisonment or juvenile sentence in the criminal record.
In addition, a previous conviction can be deleted from the Federal Central Criminal Register after 10 years in the case of a custodial sentence of less than 3 months and other entries in the criminal record and generally in the case of a juvenile sentence of more than one year.
Expungement of previous convictions after 15 and 20 years
There is a redemption period after 15 years for several prison sentences of more than 3 months but less than one year. In the case of a prison sentence of more than three months but less than one year, if it is a juvenile sentence, redemption is also only possible after 15 years. The same applies to a prison sentence of more than one year in the case of a juvenile sentence.
An expungement period of 20 years applies to convictions under §§ 174-180 or 182 StGB (sexual abuse). In this case, the previous conviction can only be deleted from the Federal Central Criminal Register after 20 years.
In general, it can be said that The redemption period is extended by the duration of the sentence in the case of custodial sentences or juvenile sentences. In the case of a sentence of 2 years' imprisonment, this means a redemption period of 17 years. The period always begins with the first sentence. If there are several entries in the Federal Central Criminal Register, the sentences are only eradicated when the eradication period for all sentences has expired.
Redemption in special cases according to § 49 BZRG
In special and very rare cases, the register authority of the Federal Central Criminal Register maintained by the Federal Office of Justice may, in accordance with Section 49 BZRG, order, upon application or ex officio, that erasure be carried out contrary to Section 46 BZRG if the enforcement has been completed and this is not contrary to the public interest.
It is possible to lodge an appeal against this order in accordance with § 49 BZRG para. 3. If the register authority does not uphold the appeal, the Federal Ministry of Justice will decide on the matter.
The decisive factor for an order under Section 49 BZRG is that the execution of the sentence has already been completed and the public interest is not jeopardized. If both are the case, the applicant has the option of applying for the sentence to be expunged in accordance with Section 49 BZRG.
This option of expungement is used in perhaps 1 percent of cases. For example, in the case of young people who want to start a career in the police force and whose previous convictions have been completed and it is not against the public interest to deny these young people access to a career in the police force.
Exceptions if the de minimis limit is exceeded
In the case of Naturalization despite a criminal record, in certain cases there are exceptional situations that exceed the requirements of Section 12a StAG. In these cases, the so-called de minimis threshold is exceeded. In such cases, the naturalization authorities then have the task of weighing up how serious the previous convictions are and deciding accordingly on Naturalization despite a previous conviction.
The reasoning behind several previous convictions
There are cases in which several convictions of 30 daily rates are added together and the de minimis limit of 90 daily rates specified in § 12a StAG is exceeded. The same applies to the de minimis limit of 3 months' imprisonment.
If these limits are exceeded, it is a matter of discretion for the naturalization authority to decide whether or not an applicant can be admitted to Naturalization despite previous convictions.
What discretionary bases exist for overruns
When the naturalization authorities decide and weigh up the excesses, there are various discretionary bases that want to play a factor.
An important factor is the severity of the previous convictions that have been committed. The more serious the previous conviction, the more complicated it is to argue for the possibility of Naturalization in the event of a transgression.
Another factor is the question of whether the previous conviction occurred within the 8 years of legal residence in Germany (which are very important for the Naturalization ) or before residence in Germany.
Sentences that were committed abroad are also included in the Federal Central Criminal Register and can result in a Naturalization not working (depending on the amount of the sentence/prior conviction).
The decisive factor for the naturalization authorities when assessing whether a person has exceeded the limit is when it is detrimental to integration and when it is not.
In such cases, it can have an influence if you can prove that you can demonstrate special integration achievements when the authorities make discretionary decisions. This can include voluntary work or a language certificate C1-C2.
Expiry of Naturalization despite previous conviction
As with other naturalizations, there is also a certain procedure for Naturalization despite a criminal record. This procedure is always the same and it is important to follow it. If you follow and monitor these procedures, your Naturalization will work despite a criminal record.
Naturalization process at Naturalization despite previous conviction
Before you even attempt to apply to Naturalization despite a previous conviction, it is essential to check whether an application with a previous conviction will work at all or whether the previous conviction can be expunged. Without this check, you risk submitting an application without being eligible, which makes no sense and only causes trouble.
Once this matter has been clarified, the requirements for Naturalization must be checked very carefully.
So you need to check the following things:
Can you show 8 years of legal residence or, if you have proof of shorter periods, legal residence after 7 years, 6 years or 3 years?
Do you have a B1 language certificate?
Have you passed the naturalization test?
Have you signed the declaration of loyalty?
Do you have all the proof you need to secure a livelihood for you and your family?
Has your identity been clarified?
Once all points have been clarified and completed and the application form for Naturalization has been filled out, the next step takes place. You can submit your naturalization documents.
The naturalization authorities will now review the documents. If it becomes necessary, you can Lawsuit for failure of act (if the authorities have not processed your application for 12 weeks). Finally, you will receive your positive result and will be naturalized.
Action by authorities at Naturalization despite previous conviction
If the previous conviction is less than 90 daily rates or less than 3 months imprisonment, this is no reason to refuse you the Naturalization . The same applies to a juvenile sentence of less than one year.
If you exceed this limit, it is at the discretion of the authorities whether or not your Naturalization will work despite your criminal record. The previous conviction has a correspondingly stronger influence on Naturalization and on the actions of the authorities. In the very best case scenario, you have no previous convictions, in which case you don't need to worry about it at all!
Summary:
The topic of Naturalization despite a criminal record is extremely complex and multifaceted. We have summarized the most important points for you here:
- If you commit an unlawful offense under Section 10 (1) no. 5 of the German Citizenship Act, Naturalization will not work despite a previous conviction, depending on the amount of the sentence.
- Section 12a StAG specifies which de minimis thresholds apply when assessing previous convictions and which do not.
- Minor offences are sentences of less than 3 years' imprisonment or fines of less than 90 daily rates.
- If the de minimis limit is exceeded, it is up to the naturalization authorities to decide whether Naturalization will work or not.
- You may have a positive effect on the assessment of the naturalization authorities if you can demonstrate a special integration performance.
- Section 46 BZRG states after how many years you can have your criminal record deleted from the Federal Central Criminal Register.
- When dividing up the redemption periods under Section 46 BZRG, a distinction is made between redemption periods after 5 years, 10 years, 15 years and 20 years. The length of the repayment period depends on the severity of the previous conviction. Example: 2 years imprisonment results in a redemption period of 17 years.
Any questions about Naturalization despite previous convictions?
FAQ - The most important questions and answers about Naturalization despite a criminal record:
Yes, Naturalization works despite a previous conviction if your previous conviction does not exceed the de minimis limit according to § 12a StAG. Several previous convictions are added together. It is therefore also important that the sum of the previous convictions does not exceed this limit.
With one-off convictions of fines of less than 90 daily rates or one-off prison sentences of less than 3 months, nothing stands in the way of Naturalization . If this de minimis limit is exceeded, it is at the discretion of the naturalization authority whether or not Naturalization can be applied for despite the previous conviction.
The de minimis limit of 90 daily rates and 3 months' imprisonment applies as a point of reference for Naturalization despite a previous conviction. Anything above this is either a matter for the discretion of the naturalization authorities or makes it impossible to Naturalization with a previous conviction.
At Naturalization , the naturalization authorities check whether the applicant at Naturalization meets the naturalization requirements and can become a German citizen in accordance with the provisions of Section 10 StAG. Naturalization requirements are a legal Residence permit after 8 years, a signed declaration of loyalty, a successful naturalization test, clarification of identity, proof of livelihood, a B1 language certificate and a completed application on Naturalization.
Section 46 BZRG describes after how many years a previous conviction can be deleted or erased from the Federal Central Criminal Register. A distinction is made between 5 years, 10 years, 15 years and 20 years. The respective erasure period depends on the severity of the previous conviction. For example, a conviction for a prison sentence of 2 years results in the possibility of erasure after 17 years according to § 46 BZRG.
