The steps of the case
- 1
First confidential meeting
We listen to the facts and read the documents you received (notices, decrees, judgments). Everything stays confidential.
- 2
Criminal and immigration assessment together
The in-house lawyers assess the criminal defence and, at the same time, the effects on the permit, residence card, family reunification or citizenship.
- 3
Choosing the strategy
Before choosing alternative procedures, such as plea bargaining (patteggiamento), we explain what they can mean for your stay in Italy.
- 4
Defence at trial
The in-house lawyers assist you at every stage of the criminal proceedings.
- 5
After the judgment
We follow the effects on your immigration case: renewal, any notice of intended refusal, appeal, rehabilitation where possible.
Why criminal proceedings also concern your permit
For a foreign citizen, criminal proceedings do not only affect the sentence. They can also affect the residence permit, the residence card (carta di soggiorno), family reunification and citizenship.
For this reason the criminal defence and the immigration case must be thought through together, from the very first document. In our office this is done by the in-house lawyers, together with the staff who know your residence situation.
Convictions that matter for immigration
Art. 4, paragraph 3, of Legislative Decree 286/1998 lists offences that can prevent entry and renewal of the permit: for example some offences linked to drugs, sexual freedom, illegal immigration, exploitation of prostitution and of minors, as well as those for which arrest in the act is provided.
A judgment that is not final also counts, and so does plea bargaining (patteggiamento) (the sentence applied at the request of the parties). This is one of the reasons why an “easy” plea bargain in the criminal case can become a serious problem for the permit.
Not everything is automatic
The law and the judges have put limits on automatic effects:
- Family ties. If you have family in Italy, before refusing or revoking the permit the police immigration office (Questura) must take into account the nature and length of family ties and your history in Italy (Art. 5, paragraph 5).
- Minor offences. With judgment no. 88/2023 the Constitutional Court declared unlawful the automatic refusal of renewal for some convictions for minor offences (such as minor drug dealing and trade in counterfeit goods): a concrete assessment of dangerousness is required.
- Minors. For an Article 31 authorisation a conviction does not by itself lead to refusal (Court of Cassation, Joint Sections, 15750/2019).
Citizenship and criminal records
For citizenship by marriage some convictions bar it by law. For citizenship by residence the Ministry assesses the person’s conduct: even minor records can lead to a refusal. Before applying, it is wise to check the criminal record and any pending charges.
Common mistakes
- Choosing plea bargaining without assessing the effect on the permit.
- Ignoring a criminal decree: the deadlines to object are short.
- Not telling the Questura about family ties in Italy.
- Asking for renewal or citizenship without knowing what appears on the criminal record.
How we help you
The office’s in-house lawyers assist you in the criminal proceedings and, together with the immigration staff, assess every choice also for its effects on your stay in Italy. We do not promise outcomes: we explain the risks and the possibilities clearly.
- First consultation: 60 €, about 30 minutes, in the office or online on WhatsApp.
- Sofia, the office’s assistant, answers on WhatsApp in 8 languages and books your appointment: use the booking button on this page.
What to bring to the consultation
- All the documents received: notice of investigation (avviso di garanzia), criminal decree, summons, judgment
- Identity document and residence permit (permesso di soggiorno)
- Name of any previous lawyer and a copy of the case file
- Documents on work, family and children in Italy
- Criminal record certificate and certificate of pending charges, if you have them
Frequently asked questions
Can a conviction make me lose my residence permit?+
It can happen. Some convictions are considered a bar to the permit (Art. 4, paragraph 3, Legislative Decree 286/1998). In many cases, though, a case-by-case assessment is needed, especially if you have family in Italy.
Does plea bargaining count as a conviction for the permit?+
Yes, for immigration law a plea bargain judgment counts too. This is why it must be assessed before choosing it.
I have family in Italy: does that count?+
Yes. If you have family ties in Italy, the police immigration office (Questura) must also consider the nature and length of those ties before refusing or revoking the permit (Art. 5, paragraph 5).
Does a minor offence always block renewal?+
Not always. With judgment 88/2023 the Constitutional Court said that for some minor offences the refusal cannot be automatic.
Do criminal proceedings block citizenship?+
They can weigh heavily. For citizenship by marriage some convictions bar it by law; for citizenship by residence the Ministry assesses conduct. We check your case.