Citizenship: requirements & application
German citizenship with a criminal record: where the line is
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At a glance
- Under section 12a of the Nationality Act, these are disregarded: fines of up to 90 daily rates, suspended sentences of up to three months that were remitted after probation, and educational or disciplinary measures under juvenile law.
- Several sentences are added together. If the total exceeds the limit, it generally blocks naturalisation.
- If the judgment found an antisemitic, racist or otherwise inhumane motive, any sentence rules out citizenship.
- Pending investigations pause the decision, foreign convictions count, and since 24 December 2025 false statements can trigger a ten-year bar.
A criminal record does not automatically rule out German citizenship. Under section 12a of the Nationality Act (StAG), minor penalties are disregarded: fines of up to 90 daily rates (Tagessätze), suspended prison sentences of up to three months that were remitted after probation, and educational or disciplinary measures under the Youth Courts Act. Several sentences are added together. And if an offence was driven by antisemitic, racist or otherwise inhumane motives, there is no threshold at all.
The basic rule and the minor-offence limits
To be entitled to naturalisation, you must not have been convicted of a criminal offence (section 10(1) no. 5 StAG). Administrative offences (Ordnungswidrigkeiten) – a speeding fine, for example, even one that brings penalty points – are not crimes and don't matter here. Section 12a StAG makes three exceptions for minor cases:
- Juvenile law: educational measures (such as court directions) and disciplinary measures (such as a warning, conditions or youth detention, Jugendarrest) are disregarded. A youth prison sentence (Jugendstrafe), however, always counts.
- Fines of up to 90 daily rates: what counts is the number of daily rates, not the amount in euros. The value of each rate depends on your income; the number reflects how serious the offence was.
- Suspended sentences of up to three months: these are only disregarded once probation has ended and the sentence has been remitted. While probation is still running, the authority will either refuse or put the decision on hold.
A final penalty order (Strafbefehl) has the same effect as a judgment, so it counts with the number of daily rates it states.
Examples: what is disregarded?
| Situation | Effect on naturalisation |
|---|---|
| Fine of 60 daily rates | disregarded |
| Fine of exactly 90 daily rates | disregarded |
| Two fines: 50 and 60 daily rates | 110 in total – over the limit, generally a bar |
| Three months suspended, probation over, sentence remitted | disregarded |
| Three months suspended, probation still running | not yet disregarded |
| Prison sentence without suspension | not covered by the minor-offence limits |
| Fine of 20 daily rates, judgment finds a racist motive | rules out naturalisation |
Several convictions are added up
If you have more than one conviction, fines and prison sentences are added together. If the court formed a lower aggregate sentence (Gesamtstrafe), that figure counts. When fines and prison terms are combined, one daily rate equals one day in prison.
If the total is only slightly over the limit, the authority decides case by case whether it can still be disregarded. According to the Federal Interior Ministry's application guidelines, “slightly” means by no more than 21 daily rates or three weeks of imprisonment. A good prognosis and solid integration – for example being able to support yourself – then play a role. The authority also decides case by case if your driving licence was withdrawn or you received a professional ban.
No threshold for hate-motivated offences
If you were sentenced to a fine, prison or youth custody for an antisemitic, racist or otherwise inhumane offence, and the court established that motive in its judgment, the minor-offence limits do not apply. Even a small fine then rules out naturalisation. The authority can ask the public prosecutor's office whether such a motive was found.
Acts like these also contradict the commitment to Germany's free democratic basic order that you make when you naturalise – even without a conviction they can cause problems. See the loyalty declaration for German citizenship.
Pending cases and convictions abroad
- Pending investigations: if police or prosecutors are investigating you, the decision on your application is suspended until the case is closed – or, if you are convicted, until the judgment is final. This also applies to investigations abroad.
- Dropped cases: once proceedings are discontinued, the matter is closed. If they were dropped on condition, such as a payment, it only counts as closed once you have met the condition.
- Foreign convictions: these count like German ones if the act is also a crime in Germany, the trial met rule-of-law standards and the sentence is proportionate. The same minor-offence limits apply. They are no longer taken into account if they would already have been erased from the register under German law.
You must list convictions and pending proceedings abroad in your application (section 12a(4) StAG).
How the authority finds out – and why honesty matters
Among other checks, the naturalisation authority requests information from the Federal Central Criminal Register (Bundeszentralregister). It receives an unrestricted extract, so it sees more than a standard certificate of good conduct (Führungszeugnis) would show. Shortly before naturalisation it also asks the police whether any investigations are pending. If you have links to another EU country or the United Kingdom – through nationality, birth or a previous address, for example – it can check for convictions there too.
Keeping quiet therefore doesn't pay – quite the opposite. Since 24 December 2025 there has been a ten-year bar on naturalisation if you deceived the authority or gave false or incomplete information about essential requirements (section 35a StAG). A naturalisation obtained by deception can also be withdrawn later. A small fine that you declare openly, on the other hand, does you no harm.
Unsure? Here's what to do
- Request information on your own entries in the Federal Central Criminal Register from the Federal Office of Justice (Bundesamt für Justiz) under section 42 of the Central Register Act (BZRG), in writing or in person. You then view it at the Federal Office or at a local court (Amtsgericht) of your choice.
- Dig out your judgments and penalty orders and note the number of daily rates, the length of any prison sentence and when probation ends.
- Add up all your sentences and check whether you stay within 90 daily rates or three months.
- If you're just over the limit or a case is pending, ask your naturalisation authority or an advice service before you apply.
- Declare every conviction and proceeding the application asks about – including those abroad.
All the other conditions are listed in German citizenship requirements, and the application process is explained in how to apply for German citizenship. Because pending cases hold up the decision, it's also worth reading about processing times.
By the way, punishment and the courts also feature in the citizenship test itself – see question 10 on fines. All related questions are collected in citizenship test questions on law and justice.
Frequently asked questions
Can I get German citizenship with a criminal record?
Yes, if it stays within the limits of section 12a StAG: a fine of up to 90 daily rates or a suspended sentence of up to three months that was remitted after probation. Several sentences are added up, and hate-motivated offences have no threshold.
Does a penalty order (Strafbefehl) count as a conviction?
Yes. A final penalty order has the same effect as a judgment. What matters is the number of daily rates it sets.
Do traffic fines or penalty points matter?
A fine for an administrative offence is not a criminal record, even if it comes with penalty points. Traffic offences that are crimes are different: a conviction for drink-driving, for example, is assessed like any other sentence.
Do I have to declare a small fine in my application?
Yes, declare every conviction the form asks about. The authority will see it in the central register anyway, and a sentence below the limit won't hurt you – false information will.
What happens if I'm under investigation while my application is pending?
The authority puts the decision on hold until the case is closed. If you are convicted, it waits until the judgment is final and then checks whether the sentence is within the limits.
Sources
- StAG § 12a (gesetze-im-internet.de)
- StAG § 10 (gesetze-im-internet.de)
- Bundesamt für Justiz: Bundeszentralregister – Auskunft nach § 42 BZRG
- BMI: Staatsangehörigkeitsrecht – Sperrfrist seit 24.12.2025 (bmi.bund.de)
- BMI: Anwendungshinweise zum StAG, Stand 1. Mai 2025 (PDF)
We rely on official sources. The current law and the advice of your naturalisation authority always take precedence.
Keep reading
- Citizenship: requirements & applicationGerman citizenship requirements: the complete overviewResidence period, B1 German, the citizenship test, income and a clean record: every requirement for German citizenship by naturalisation, explained in plain English.
- Citizenship: requirements & applicationThe loyalty declaration for German citizenship explainedWhat you sign when you naturalise, what Germany's free democratic basic order means, and which attitudes and actions rule out German citizenship.
- Citizenship: requirements & applicationHow to apply for German citizenship: step by stepFrom your first contact with the authority to the naturalisation certificate: how the German citizenship application works and what to prepare at each step.
This guide is not legal advice. Laws and administrative practice can change; your naturalisation authority's information is binding.