--- title: Understanding DACA’s 4 Criminal History Restrictions description: In order to qualify for DACA, applicants must meet a variety of criteria, which includes strict criminal history restrictions that aim to disqualify any applicants that may pose a threat to national security. --- [![Envoy Global company logo](https://info.envoyglobal.com/hs-fs/hubfs/eg_logo%20_2000.png?width=2000&height=218&name=eg_logo%20_2000.png "Envoy Global company logo")](https://www.envoyglobal.com/) # 2015 Old Blog # Understanding DACA’s 4 Criminal History Restrictions Posted by [PJohnson](https://info.envoyglobal.com/blog-old-test/author/pjohnson) on Apr 21, 2015 4:16:15 AM - [Tweet](https://twitter.com/share) Deferred Action for Childhood Arrivals (DACA) grants young undocumented immigrants a chance to legally work in the U.S while being protected from deportation. In order to qualify, applicants must meet a variety of criteria, which includes strict criminal history restrictions that aim to disqualify any applicants that may pose a threat to national security. **DACA Criminal History Guidelines** [The United States Citizenship and Immigration Services ](http://www.uscis.gov/immigrationaction)(USCIS) outlines requirements for DACA applicants. It’s often unclear to those who have a criminal record if they qualify for deferred action. Here are four things you must know if you want to apply for DACA and have a criminal history: **1. No Felonies** DACA applicants can’t have any felony convictions on their record. A felony is a federal, state or local offense, punishable by a year or more of imprisonment. Individuals who are convicted of this grade of crime are incarcerated in a prison facility not a local or county jail. The type of crimes that qualify as a felony offense vary by state. A felony offense may include: > Driving under the influence (DUI) of drugs or alcohol > Distributing, selling or unlawful possession of drugs (even in small quantities) > Fraud, theft, or burglary > Violent offenses: domestic violence, assault, or threats > Sexual abuse or exploitation > Possession or unlawful use of firearm > Obstruction of justice, bribery, hit and run, or unlawful flight from arrest or prosecution **2. No Significant Misdemeanors** To be DACA-eligible, applicants can’t have any significant misdemeanor convictions. [The Department of Homeland Security](http://www.dhs.gov/) (DHS) classifies a significant misdemeanor as an offense punishable by less than a year but more than five days of imprisonment. Additionally regardless of the sentence enforced, it’s a significant misdemeanor if the offense includes: > Domestic violence > Driving under the influence > Sexual abuse or exploitation > Unlawful possession or use of a firearm > Drug distribution or trafficking > Burglary A crime qualifies as a significant misdemeanor even if the offense doesn’t fall under the infringements above, but if the individual was sentenced to (and served) a period of more than 90 days, not including a suspended sentence. **3. Limited Non-Significant Misdemeanors** To file for DACA, an applicant can’t have three or more non-significant misdemeanor convictions. The DHS defines a non-significant misdemeanor as an offense punishable by less than one year but greater than five days imprisonment. Additionally, the offenses can’t include any of the following: > Domestic violence > Driving under the influence > Sexual abuse or exploitation > Unlawful possession or use of a firearm > Drug distribution or trafficking > Burglary The offense also qualifies as a non-significant misdemeanor if the applicant is convicted of a crime and sentenced to 90 days or less in custody. Note: Time served in ICE custody doesn’t count if it’s given by a state or local agency. **4. No Threat to National Security or Public Safety** In order to be considered eligible for DACA, applicants can’t pose a threat to national security or public safety. Factors that may indicate a risk include: gang membership, participation in criminal activities or involvement in actions that threaten the U.S. **Discover Your Options With a VISANOW-Retained Attorney** Don’t risk it—DACA applicants with any questions or issues regarding their criminal history should consult an attorney before applying. [VISANOW’s](http://www.visanow.com/daca-dapa/contact-us/) retained attorneys can answer any questions you have and help you build the strongest case possible before filing your application—call (855) 960-5468 to learn more. Topics: [Immigration Blog](https://info.envoyglobal.com/blog-old-test/topic/immigration-blog), [Immigration Tips](https://info.envoyglobal.com/blog-old-test/topic/immigration-tips) ## Something Powerful ### Tell The Reader More The headline and subheader tells us what you're [offering](https://info.envoyglobal.com/blog-old-test/immigration-blog/understanding-dacas-4-criminal-history-restrictions/#), and the form header closes the deal. Over here you can explain why your offer is so great it's worth filling out a form for. 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