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FRENCH CITIZENSHIP

Reader question: Will a criminal record stop you getting French citizenship?

Among the many documents required in your application for French citizenship may be one confirming that you have a clean criminal record - but who is required to show this? And will any type of offence bar you from citizenship?

Reader question: Will a criminal record stop you getting French citizenship?
Having a criminal record may not stop you getting French citizenship. (Photo by Valery HACHE / AFP)

Question: I hear that during the citizenship process you need to provide proof of a clean criminal record – how do you do that? And does that mean that any offences – even parking tickets – would disqualify you?

During the citizenship application process, people who are applying through residency must, as well as passing language and integration tests, provide proof that they have no criminal record over the past 10 years.

READ ALSO The 6 steps to becoming French 

You can use the French government citizenship simulator HERE to determine whether you need to provide proof of your clean criminal record. 

How to prove you have a clean criminal record

First you need to prove that you have not been convicted of a crime in France, by providing your extrait de casier judiciaire. You can do that online, here

Depending on your criteria for citizenship, you may also need to demonstrate a clean record going back a maximum of 10 years.

That means contacting authorities in any other countries you have lived in during the specified period. 

People who were living in the UK, including Northern Ireland, need to apply for a Police Certificate from the Criminal Records Office at a cost of between £55 and £95, depending on how quickly you want the document. 

Anyone living in Ireland should apply for a Gardaí-issued Police Certificate. The form – available here – should be submitted to the Superintendent and/or Assistant Principal Officer in the Division where the applicant resides, or formerly resided. There is no charge for this document, which usually takes about three weeks to process.

In the US, contact the police department where you live or last lived, and request a clean criminal record document. Different states have different rules, but some require you to attend in person.

To apply for an Australian police certificate you must submit an National Police Check application form – available online here. A basic document costs AU$42.

The process for police certificates from New Zealand authorities is available here

What offences disqualify you from citizenship?

Citizenship applications are decided on an individual basis, but the good news is that getting a few points on your driving licence is unlikely to disqualify you.

Applicants must not have been convicted of a crime resulting in a jail term of more than six months, any offences that attracted a lesser penalty are decided on an individual basis.

However, anyone who has been convicted of a crime or offence that “breaches or attacks the interests of the French state” is likely to be refused.

Furthermore, those who apply for citizenship through residency – rather than ascendancy or marriage – also need to demonstrate “good moral conduct”, so this could disqualify people who have a long record of minor offences. 

What does that mean in practice?

Citizenship is highly likely to be refused to anyone who has;

  • Conviction(s) for acts against the fundamental interests of the nation, or conviction for serious and / or violent offences;
  • Conviction(s) for crimes against the public administration (crimes committed by persons holding a public office);
  • Conviction(s) for acts of insubordination in relation to performance of national service;
  • Engaginged for the benefit of a foreign state, in acts incompatible with the quality of French national and commission of acts that are prejudicial to the interests of France.

Citizenship revoked

It’s not a carte blanche to start committing crimes once you become French – anyone who meets any of the four above criteria can be stripped of their French citizenship, although French nationality may only be revoked if the following conditions are met:

  • You have acquired French nationality by naturalisation, ascendancy, or marriage. Anyone of French nationality by birth cannot be stripped of it;
  • You have another nationality. It is not possible to make a person stateless.

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POLITICS

France to set up national prosecutor’s office for combatting organised crime

The French Minister of Justice wants to create a national prosecutor's office dedicated to fighting organised crime and plans to offer reduced sentences for "repentant" drug traffickers.

France to set up national prosecutor's office for combatting organised crime

Speaking to French Sunday newspaper Tribune Dimanche, Eric Dupond-Moretti said he also intends to offer “repentant” drug traffickers a change of identify.

This new public prosecutor’s office – PNACO – “will strengthen our judicial arsenal to better fight against crime at the high end of the spectrum,” Dupond-Moretti explained.

Former head of the national anti-terrorism prosecutor’s office Jean-François Ricard, appointed a few days ago as special advisor to the minister, will be responsible for consultations to shape the reform, the details of which will be presented in October, Dupond-Moretti said.

Inspired by the pentiti (repent) law in force in Italy, which is used to fight mafia crime, Dupond-Moretti also announced that he would create a “genuine statute” that rewards repentance.

“Legislation [in France] already exists in this area, but it is far too restrictive and therefore not very effective,” Dupond-Moretti explained.

In future, a judge will be able to grant special status to a repentant criminal who has “collaborated with justice” and “made sincere, complete and decisive statements to dismantle criminal networks”.

The sentence incurred by the person concerned would be reduced and, for their protection, they would be offered, “an official and definitive change of civil status”, a “totally new” measure, the minister said.

The Minister of Justice is also proposing that, in future, special assize courts, composed solely of professional magistrates, be entrusted not only with organised drug trafficking, as is already the case today, but also with settling scores between traffickers.

This will avoid pressure and threats on the citizen jurors who have to judge these killings, he said.

Finally, the minister plans to create a crime of “organised criminal association” in the French penal code. This will be punishable by 20 years of imprisonment.

Currently, those who import “cocaine from Colombia” risk half that sentence for “criminal association”, he said.

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