Can a previous conviction prevent you from obtaining Italian citizenship? What if your spouse or a child living with you has a criminal record? Obtaining Italian citizenship with a criminal record is possible. The weight of these precedents depends on who reported them and the title for which citizenship is being sought.
Can my criminal record prevent me from obtaining citizenship?
In the citizenship by residence, The Ministry of the Interior evaluates the applicant's overall integration process. The severity of the incident, the time that has passed, any recurrence, and subsequent conduct are all important factors. Job stability, family ties, and the applicant's continued presence in Italy also contribute to the assessment. An isolated, long-standing incident therefore requires a different assessment than multiple, serious incidents that occurred in close proximity.Article 9 of Law No. 91/1992 And Council of State No. 9443/2025)
In the citizenship by marriage, The law identifies specific impediments related to the applicant's convictions. These include a conviction for a non-negligent crime, for which the law provides a maximum penalty of at least three years in prison. The threshold concerns the maximum provided by law for the crime. Article 6 also covers certain crimes against the personality of the State, certain foreign convictions recognized in Italy, and proven reasons related to the security of the Republic. If criminal action has been brought for one of the crimes identified by the law, the purchase remains suspended until the final sentence is communicated.Article 6 of Law No. 91/1992)
What if the previous convictions are those of a cohabiting family member?
In the questions by residence, the Ministry can also take into consideration the conduct of a cohabiting family member. The point is to understand why those facts are relevant to assessing the applicant's integration. Case law shows how much the circumstances of the individual case matter.
- The Council of State It overturned a woman's denial based on her husband's previous record. The Ministry should also have considered the applicant's lengthy residence in Italy, the stability of her job and income, and the presence of her children.Judgment no. 7716/2024)
- The Regional Administrative Court of Lazio The court overturned the denial of a mother with no criminal record, based on the previous criminal record and administrative violations of two cohabiting children. The ruling lacked an assessment of the mother's personal situation and its possible connection to those conducts.Judgment no. 6314/2026)
- In other cases, the Regional Administrative Court of Lazio confirmed the denial, giving importance to the seriousness and repetition of the spouse's actions. In sentence no. 16242/2026, it deemed the assessment of the family context carried out in that case sufficient, even in the absence of evidence that the applicant had participated in the crimes.Judgment no. 9277/2026 And ruling no. 16242/2026)
If the cohabitation has ceased, or if the applicant has been injured person In proceedings against the spouse, it is important to document it. In a 2026 case, the Lazio Regional Administrative Court overturned the denial because the Ministry had overlooked the separation, the termination of cohabitation, and the applicant's position as an injured party.Judgment no. 5874/2026)
Can rehabilitation or expungement of the crime help?
For marriage, rehabilitation eliminates the impeding effects of the conviction provided for by Article 6. By residence, is a favorable factor to be evaluated along with others. The Council of State overturned a denial in which the Ministry had overlooked a rehabilitation obtained during the procedure and communicated before the decision. In another case, it overturned the denial because a previous, isolated, and now extinct case had been assessed without adequately considering the applicant's integration process. If rehabilitation occurs after the denial, it can generally be asserted in a new application.Art. 6, paragraph 3 And Council of State No. 2262/2026, No. 4168/2026 And No. 8062/2026)
What to do before applying or after receiving a rejection notice?
Before completing the application, it is advisable to retrieve the sentences and any extinction or rehabilitation provisions. criminal record check It also allows you to check any entries that may have been omitted from the certificate requested by the interested party. Verify the exact questions on the form. An omission may impact the ministerial assessment, even when the convictions are older.Ministry of Justice And Council of State No. 1328/2026)
If you have received a notice of rejection, you have 10 days from receipt To submit written observations and documents. Respond point by point to the reasons given by the Ministry. Depending on the case, it may be helpful to produce the order that concluded the criminal proceedings, document the termination of cohabitation, or attach information about your employment and family situation. To contest the denial, the competent judge depends on the title of the application. For residency matters, appeal to the Regional Administrative Court (TAR). For marriage matters, appeal to the ordinary judge. Denials for reasons of national security are the responsibility of the administrative judge.Article 10-bis of Law No. 241/1990 And TAR Piedmont n. 15/2026)
If you need to apply or have received a notice or denial, you can Request a consultation with the Asmahi Law Firm.
