DAFT Criminal Background Check: What Disqualifies You?
One of the most stressful parts of applying for the Dutch-American Friendship Treaty (DAFT): the criminal background check.
What if that DUI from 10 years ago disqualifies you? What about that speeding ticket? That college arrest that was dismissed?
We stressed about this too. Here's what we learned about what actually matters.
The Short Answer
DAFT requires a clean criminal record, but "clean" doesn't mean "perfect."
What typically disqualifies you:
- Serious crimes (felonies)
- Violent crimes
- Drug trafficking
- Fraud or financial crimes
- Sex offenses
What usually doesn't disqualify you:
- Minor traffic violations
- Old misdemeanors (depending on type)
- Dismissed charges
- Expunged records
The IND looks at the nature of the crime, how long ago it was, and whether you're a risk to Dutch society. For the complete list of DAFT eligibility criteria, see our DAFT requirements hub.
What They Check
The Netherlands reviews:
- Your FBI background check (Certificate of Good Conduct)
- International criminal databases
- Your self-disclosure on the application
They're looking for serious criminal history, patterns of criminal behavior, recent crimes, and anything suggesting you're a risk.
Our FBI background check took about 2 weeks.
What Disqualifies You
Violent crimes: Murder, manslaughter, assault, robbery, domestic violence, weapons offenses.
Drug crimes: Trafficking, manufacturing, large-scale possession with intent to distribute.
Financial crimes: Fraud, embezzlement, money laundering, serious tax evasion.
Sex offenses: Any sex crime.
Other serious crimes: Terrorism-related offenses, espionage, human trafficking.
If you have a serious felony conviction, DAFT is probably not an option. Consult an immigration lawyer. If you do qualify, learn about what type of business you can start with DAFT.
What Usually Doesn't Disqualify You
Traffic violations: Speeding tickets, parking tickets, minor moving violations.
Old misdemeanors: Misdemeanors from 10+ years ago, minor crimes from youth, non-violent offenses.
Dismissed or expunged charges: Charges that were dropped or cases that were dismissed (though expunged records might still show up).
One old DUI: If it's 5+ years old and your only offense, you're probably okay. Multiple DUIs or a recent one are more concerning.
Minor drug possession: Small amounts of marijuana (especially if old), personal use amounts—depends on circumstances.
How Long Ago Matters
The older the offense, the less it matters.
General guidelines:
- 10+ years ago: minor offenses usually don't matter
- 5-10 years ago: depends on severity
- Less than 5 years: more scrutiny
- Recent (less than 2 years): serious concern
Time helps. If your offense was long ago and you've had a clean record since, that works in your favor.
Disclosure Is Essential
Disclose everything. They'll find it anyway—the FBI check is thorough. Lying on your application is worse than the original offense.
What to disclose:
- All arrests (even if charges were dropped)
- All convictions
- All pending charges
- Even expunged records (they might show up)
If you have something on your record, explain it: what happened, when, the outcome, what you've done since, why it won't happen again. The IND wants to know you're not a risk. Showing accountability helps.
What If You're Not Sure?
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Get your FBI background check first. See what actually shows up—you might be worried about something that's not even on your record.
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Consult an immigration lawyer if you have concerns. They can assess your specific situation.
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Be honest on your application. Disclose everything and let IND decide.
Don't self-reject. If you're unsure, apply anyway and let IND make the determination.
Need Help Figuring Out the Process?
Go at Your Own Pace
Templates, checklists, and a step-by-step timeline for your entire DAFT move—the practical toolkit we built from our own experience.
- Complete FBI background check guide
- Step-by-step application instructions
- Or book a consultation for your specific situation
Talk Through Your Situation
Have specific questions? Unusual circumstances? Or just want to hear from someone who did this? Let's get on a call.
- Complete FBI background check guide
- Step-by-step application instructions
- Or book a consultation for your specific situation
Getting Your FBI Check
You need an FBI Identity History Summary Check. State-level background checks are not sufficient — the IND specifically requires the FBI version. You have two options.
Option A: Directly Through the FBI
- Get your fingerprints taken (many local police stations offer this)
- Submit your fingerprint card with a completed request form
- Mail everything to the FBI's Criminal Justice Information Services (CJIS) division
Cost: Around $18 Timeline: 12-16 weeks (sometimes longer)
Option B: Using an FBI-Approved Channeler (Recommended)
FBI-approved channelers are private companies authorized to submit fingerprint-based background check requests on your behalf. Popular channelers include Fieldprint, National Background Investigations (NBI), and Accurate Biometrics.
Cost: $50-75 (channeler fee plus the FBI fee) Timeline: 3-5 business days for most channelers
Pro Tip: Use a channeler. The cost difference is minimal, and the time savings are enormous. We used a channeler and had our results in four days. Friends who went directly through the FBI waited three months.
For a detailed walkthrough, see our complete FBI background check guide.
Getting the Apostille
Your FBI background check needs to be apostilled before the Dutch government will accept it. For US federal documents, the apostille comes from the US Department of State.
- Once you receive your FBI results, make a copy for your records
- Send the original to the US Department of State, Office of Authentications
- Include the completed DS-4194 form and payment (currently $20 per document)
- Include a prepaid return envelope
Standard timeline: 4-8 weeks by mail. Expedited processing is available for an additional fee. Third-party apostille services that hand-deliver your document in Washington, D.C. can cut the timeline to 1-2 weeks but cost $100-200 extra.
What We Wish We Knew: Start the background check and apostille process as early as possible. This was the longest part of our document preparation, taking about six weeks total (channeler plus apostille). If we'd gone directly through the FBI, it could have been four months or more.
What Shows Up on an FBI Background Check?
Your FBI Identity History Summary will show:
- Arrests (even without convictions)
- Federal and state criminal convictions
- Pending charges
- Certain civil findings (like civil commitments)
It will NOT show:
- Traffic tickets (non-criminal)
- Sealed or expunged records (in most cases)
- Juvenile records (in most cases)
- Records from other countries
Timeline Summary
| Step | Direct FBI Route | Channeler Route |
|---|---|---|
| Fingerprinting | 1 day | 1 day |
| FBI processing | 12-16 weeks | 3-5 business days |
| Apostille (standard) | 4-8 weeks | 4-8 weeks |
| Apostille (expedited) | 1-2 weeks | 1-2 weeks |
| Total (standard) | 16-24 weeks | 5-9 weeks |
| Total (expedited) | 13-18 weeks | 2-3 weeks |
We strongly recommend the channeler route with expedited apostille if your timeline is tight.
Tips From Our Experience
Start early. The background check should be one of the first things you do when you decide to pursue DAFT. While you're working on your business plan and other documents, the background check can be processing in the background.
Keep copies of everything. Make copies of your fingerprint card, your FBI results, your apostille, and all shipping receipts. We kept both physical and digital copies.
Check the expiration. Some consulates and the IND have requirements about how recent your background check must be — typically within the last 3-6 months. Factor this into your timeline.
Both spouses need one. If your partner is applying as a dependent or co-applicant, they'll need their own background check and apostille.
For the full list of documents you'll need, check our complete DAFT documents checklist.
The Bottom Line
"Clean" doesn't mean perfect. Minor offenses, old misdemeanors, and dismissed charges usually don't disqualify you. Serious crimes, recent offenses, and patterns of criminal behavior do.
The key: be honest. Disclose everything, provide context, and let IND make the determination.
Most people with minor criminal histories are approved. Don't let fear of the background check stop you from applying. Ready to move forward? Get the complete process in our DAFT guide.
Digital Guide — $199
We're not immigration lawyers—just Americans who did this. For professional legal advice regarding your specific situation, consult a licensed immigration attorney.