no criminal record at naturalization
In your application for a residence permit ( naturalization ) in Germany, you must, among other things, indicate whether you have ever been convicted of a criminal offense in the past. Anyone who provides false information when answering this question may, under certain circumstances, be liable to prosecution under Section 42 of the German Citizenship Act (StAG). It is therefore important that you provide complete and accurate information here. In the following article, we explain what constitutes a conviction and whether every single penalty—even for minor offenses—can result in you being denied a certificate of good conduct ( naturalization ).
What counts as a conviction?
In general, for the purposes of determining your criminal record ( no criminal record ) under the German Criminal Records Act ( naturalization ), any criminal conviction against you is relevant, regardless of whether a fine or a prison sentence was imposed. It is particularly important to note that summary judgments (Strafbefehle) issued against you must also be disclosed. This is because, under Section 410(3) of the Code of Criminal Procedure (StPO), a summary judgment against which no objection was filed in a timely manner is equivalent to a final judgment.
measures of rehabilitation and incapacitation, which are imposed when someone has committed a criminal offense but is not criminally liable, are also relevant for determining no criminal record . Likewise, any convictions by foreign courts must be disclosed. However, these convictions preclude naturalization only if the same act is also a criminal offense in Germany, the foreign sentence is proportionate, and the judgment was rendered in proceedings conducted in accordance with the rule of law.
If proceedings against you have been dismissed or you have been acquitted, this does not, of course, preclude a naturalization .
Which penalties are not applicable to the " no criminal record "?
Pursuant to Section 12a of the StAG, convictions involving fines of 90 daily rates or less are generally not taken into account under the “ naturalization ” (special provision for the non-consideration of certain convictions). The same applies to convictions involving prison sentences of up to three months that were suspended and subsequently expunged after the probationary period expired. Certain penalties under the Juvenile Court Act (Jugendgerichtsgesetz), such as educational measures and disciplinary measures, are also generally irrelevant. If one of these penalties was imposed on you, you are nevertheless considered to have no criminal record within the meaning of the Federal Criminal Records Act ( naturalization ).
If you have multiple convictions carrying sentences of fewer than 90 daily fines or three months’ probation, these are added together, with one daily rate fine corresponding to one day of imprisonment. If the total of the penalties exceeds the maximum limit of 90 daily fines or 3 months, a naturalization is generally not possible. However, if the total is only slightly above the limit, the authorities may decide on a case-by-case basis whether a naturalization is possible after all.
Crimes committed for anti-Semitic, racist, xenophobic, or other inhuman motives are not subject to the thresholds of materiality just mentioned. If one or more of these motives are established in the judgment, even sentences of less than 90 daily fines or 3 months of probation will prevent a naturalization.
How long do criminal convictions remain relevant to the no criminal record ?
Convictions that have already been removed from the Federal Central Register or are still subject to expungement are not taken into account when processing an application for a certificate of good conduct ( naturalization )—meaning you are once again considered to have no criminal record. The timing for expunging a criminal conviction is governed by Sections 45 and 46 of the Federal Central Register Act (BZRG). Convictions involving lesser penalties may be eligible for expungement as early as five years after the conviction, whereas some particularly serious offenses are never expunged.
Attention: The certificate of good conduct differs from the Federal Central Register! It is quite possible that convictions no longer appear on the certificate of good conduct or were never entered there, but that you are still considered not to have committed a crime.
However, when it comes to the relevance of a conviction under the German Criminal Code ( naturalization ) in Germany, it is irrelevant whether you already disclosed this conviction when applying for a residence permit and whether it was deemed immaterial at that time. The Federal Office for Migration and Refugees ( naturalization authority ) may reach a different decision than the Federal Criminal Police Office ( immigration office (Ausländerbehörde)), so you should always disclose such convictions as well.
Outlook
It is not always entirely clear when a “ no criminal record ” actually exists under naturalization law. Mistakes can easily be made here, which—especially if your application contains incomplete information—can quickly lead to serious consequences, including criminal liability. To avoid this and to obtain a reliable assessment of your application’s chances of success from the outset, we recommend that you consult an attorney. Our experienced attorneys will serve as your trusted advisors throughout the entire process and ensure that your application has the best possible chance of success.
On our website, you can find more information about acquiring German citizenship through naturalization. You can also take advantage of our free naturalization test.
FAQ on naturalization
How much does an " naturalization" cost?
A fee of 255.00 euros is required for a naturalization certificate for adults. The fee for a notice of denial ranges from 25.00 to 255.00 euros. A naturalization certificate for a minor (i.e., a child under the age of 18) who is being naturalized together with someone else (joint naturalization) incurs a fee of only 51.00 euros.
Do you still have to take the " naturalization test " test even under the new citizenship law?
Yes, the new law does not change the rules regarding the " naturalization test ." As before, however, anyone who at least a German high school diploma (Quali, Realschule, Abitur, etc.), and completed vocational training if the subject “Social Studies” was graded or a degree in the fields of law and social sciences, social sciences, or political science maycan provide proof of this.
Can I check whether I meet all the requirements for a naturalization ?
If you want to check whether your naturalization application would be successful, you can do our naturalization check. However, this check only gives you a first overview. If you still have detailed questions or are unsure, then it is best to contact our lawyers.
What will be the minimum stay requirement for a " naturalization" in the future?
Since the new Citizenship Act came into force on June 27, 2024, the minimum period of residence in Germany is now only five years.
What are the requirements to become a naturalized citizen?
We explained this in detail in our article on " naturalization."
Alternatively, you can complete our Naturalization Check.
How long will it take for a decision to be made on my naturalization application?
Even now, it usually takes up to 12 monthsfor a decision to be made on an application for naturalization . When the new law takes effect on June 26, 2024, the number of naturalization applications is expected to will rise significantly . As a result, processing times will likely also increase by several months. If the authorities take too long to decide on your application, it may be advisable to file an action for failure to act . Our attorneys would be happy to advise you on this matter.
Can I apply for naturalization right now if I want the provisions of the new law (dual citizenship, shorter residency requirements, etc.) to apply to me?
The new Citizenship Act will take effect on June 27, 2024, but the processing time for an application at naturalization is typically around 12 months. The legal situation at the time the authorities make a decision is decisive for your application. It is very likely that this will not happen until after June 27. This means that, in principle, you can already submit an application for naturalization now, which will then be decided under the new legal framework. If a decision on your application is made before June 27, 2024, you will first be asked to provide proof that you have renounced your current citizenship. If you do not do so by June 27, you will be able to benefit from the new law after that date and retain your citizenship.
However, this varies from authority to authority and also depends on how long you have been in Germany. Our lawyers will be happy to advise you on your personal situation.
How well do I have to speak German to be naturalized?
Generally, language proficiency at the B1 level or higher is required for naturalization ( naturalization ). If you can demonstrate a higher level of language proficiency, you may be able to naturalize sooner under certain circumstances. Theoretically, naturalization ( naturalization ) is possible even with a language proficiency level lower than B1. However, this still requires a certain level of language proficiency, as your ability to integrate into German society must be ensured. In addition, there must be a public interest in your obtaining German citizenship.
Can I be naturalized in Germany if I want to keep my previous citizenship?
The Bundestag has passed the Act on the Modernization of Citizenship Law. When it takes effect on June 27, 2024, it will be possible to hold dual citizenship ( naturalization ) even if one wishes to retain one’s former citizenship. However, the law of the country of origin must also permit dual citizenship.
Is it possible to take a " naturalization " after three years?
The general length of stay required to qualify for a “ naturalization ” (permanent residence permit) is five years. In cases of exceptional integration achievements—such as in the workplace, at school, or through volunteer work—this period could previously be reduced by up to two additional years. This meant that a “naturalization ” was possible after just three years of residence. However, in a resolution passed on October 8, 2025, the Bundestag decided to abolish the “ naturalization ” (residence permit for integration) after three years. Consequently , it is no longer possible to obtain a “ naturalization ” (residence permit for integration) after three years based on exceptional integration achievements.
Do I have to give up my old citizenship to become a German citizen ( naturalization ) in Germany?
Since the new Naturalization Act came into force on 27 June 2024, those wishing to naturalize no longer have to give up their old citizenship. According to the new legal situation, anyone can obtain dual citizenship - provided the country of origin also allows it. You can find a list of countries that do not allow dual citizenship here.
When will the new Naturalization Act come into force?
The new Naturalization Act (Act on the Modernization of Citizenship Law) comes into force on June 27, 2024 in force, three months after its promulgation in the Federal Law Gazette. From then on dual citizenship in principle under German law possible for all, and will in particular the minimum period of residence to five years to five years. You can read more about the details of the new law here.
How does the " naturalization test " work?
The " naturalization test " consists of 33 multiple-choice questions, of which you must answer at least 17 correctly to pass. The test takes one hour to complete, and the fee is 25 euros. To prepare, you can take a practice test online or review the complete list of all possible questions. Where exactly you can register for the test and ultimately take it varies by region. We have created a corresponding overview for each federal state:
In general, you are not required to take the “ naturalization test ” exam in your home state. Instead, you can take the exam at any “ test center ” location throughout Germany. However, some of the questions will always pertain to your home state, even if you take the “ naturalization test ” exam in a different state.
Is it possible to get a " naturalization " despite a criminal record?
As a general rule, you cannot have a criminal record if you wish to become a naturalized citizen. However, not all prior convictions are actually relevant. For example, convictions or summary judgments involving no more than 90 daily fines, as well as convictions for prison terms of up to three months that were suspended and not enforced, are not taken into account. The same applies to criminal records that are no longer listed in the Federal Central Register ( no criminal record ). You can find more detailed information about the Federal Central Register at the Federal Office for the Protection of the Constitution ( naturalization ) here.
Is it always possible to obtain naturalization without renouncing one's previous nationality?
Yes, at least as far as German citizenship law is concerned. In principle, dual citizenship has been open to all foreigners, regardless of their country of origin, since June 27, 2024. However, there may be laws in the country of origin that stipulate the loss of citizenship in the event that a citizen is granted citizenship of another country. Such laws exist in countries such as China, Austria, Lithuania, Estonia and the Netherlands. In any case, we advise you to obtain information in the country of your previous citizenship.
How long does it take to process a naturalization application?
The authorities often take a very long time to process a naturalization application due to the many documents involved. Processing times of several months to well over a year are the rule. Since the Act on the Modernization of Citizenship Law came into force on 27 June 2024, it can be assumed that waiting times will be considerably longer again because many new applications will be submitted. To help you obtain your rights more quickly, it may be advisable to file an action for failure to act. Our experienced lawyers will be happy to advise you on this. Just ask us.
What are the advantages of German citizenship?
naturalization 's operations in Germany offer you a wide range ofbenefits. Through the " naturalization " in Germany, you’ll enjoy a wide range ofbenefits. Freedom of movement within Europe, the ability to enter many other countries visa-free with one of the “strongest” passports in the world, and protection by German government institutions even while traveling abroad are just a few of the many benefits of German citizenship. In addition, German citizens enjoy unrestricted access to the labor market in all EU member states —including the opportunity to become a civil servant—as well as a lifelong right of residence within Germany and the European Union, which does not expire even during extended stays abroad.
Can I be naturalized if I receive social assistance?
Anyone wishing to acquire German citizenship must be able to prove that they can support themselves and their dependents. to support themselves and their can support themselves. They must not be receiving benefits under the Second or Twelfth Book of the German Social Code (SGB II or SGB XII). be received. These include, for example, unemployment benefit II, basic income support in old age or in the event of reduced earning capacity and social assistance.
However, according to the new law , there are exceptionsIf you have been in full-time employment for 20 months within the last 24 months within the last 24 months, receiving state benefits is not harmful. The same applies if your spouse or registered partnerwho lives with you and a child has been in full-time employment for 20 months within the last 24 months. And also for former guest workers and contract workers and their spouses who have joined them are also exempt from receiving state benefits such as social assistance if they are not responsible for this.
Where do I need to submit the application for naturalization ?
Where you must apply for naturalization ( naturalization ) depends on where you are residing. If you are residing in Germany, you must submit your application to the Federal Office for Migration and Refugees ( naturalization authority ) with jurisdiction over your place of residence. You can find out which office this is by contacting the City or Municipal Office ( immigration office (Ausländerbehörde) ) in your city or town, or by contacting the city or municipal administration ( district). Applications for naturalization submitted from abroad, which are processed by the Federal Office of Administration (Bundesverwaltungsamt), must be filed with the appropriate German diplomatic mission ( German mission abroad ), i.e., the German embassy or a (general) consulate.
Where can I take the " naturalization test " exam?
In Germany, you can register for the " naturalization test " at any participating institution and take the exam there as well. These institutions vary by region within Germany. We have listed all institutions by federal state for you:
Tip:
You can register for the " naturalization test " program anywhere in Germany, but you must answer the questions specific to the state where you live.