Naturalization Despite criminal proceedings - Can I be naturalized?

Naturalization despite criminal proceedings has a clear principle: it is important that you do not have a serious criminal record. Section 12a of the German Criminal Code (StAG) is the point of reference for considering a serious criminal offense. An Naturalization despite previous convictions if you have been sentenced to the following penalties:

► in the case of the imposition of educational measures or correctional measures in accordance with the Juvenile Courts Act,
► when sentenced to a fine of up to 90 daily rates
► in the case of sentences of up to three months' imprisonment that have been suspended and remitted after the probation period has expired.

As soon as you have been contacted in writing by the police, you should contact a lawyer immediately. After the lawyer has read the criminal file, he can assess whether the proceedings can be discontinued or a plea bargain can be reached.

Depending on the case file, your lawyer should try to speak to the public prosecutor before charges are brought. At this early stage, it is much easier to discontinue the proceedings or have them discontinued in exchange for small (monetary) conditions, at least in the case of minor offenses.

If the limits in §12a StAG are exceeded by adding up several criminal offenses, it is a matter of discretion for the authorities as to whether the Naturalization goes or not. The more serious the previous convictions are, the more difficult it is to exercise discretion.