Application to Cancel a Criminal Record

An application to cancel a criminal record is a procedure intended to remove information about criminal cases that ended in a conviction in court. In practice, a criminal record has a limitation period and an expungement period, at the end of which only a few bodies in the country have access to this information. To delete the information about a criminal record before the expungement period has ended, you must submit a pardon application to the President of the State.

In this article we will review how to submit an application to cancel a criminal or police record: who to apply to, what the difference is between the types of record, which documents to attach and what affects the application's chances.

Table of contents

• What is an application to cancel a criminal record?
• In which cases can you apply to cancel a criminal record?
• Application to cancel a police record
• Cancelling the police record of a closed file
• How do you cancel a criminal record?
• How do you apply to cancel a police record?
• What considerations are examined in an application to cancel a police record?
• How much time must pass before applying to cancel a record?
• How long does it take to process an application to cancel a criminal record?
• What do you do if the application to cancel the record is rejected?
• Cancelling a criminal record without a lawyer
• When should you get legal advice?
• FAQ about cancelling a criminal record

What is the criminal record?

The criminal register includes three categories - the police record (which includes files closed after a police investigation without an indictment), open files (files whose investigation is still ongoing and for which it has not yet been decided whether to close them or file an indictment) and the criminal record (which includes files in which the defendant was tried and convicted). The criminal register concerning every citizen in Israel affects many areas of their life and is an obstacle to getting a job, obtaining a license in certain professions, getting a visa abroad and so on. However, even a criminal record is not the end of the story, and steps can be taken to expunge and cancel it - in certain cases.

In which cases can you apply to cancel a criminal record?

A criminal record of a conviction reaches its limitation period automatically after a certain time, set according to the severity of the offense and the sentence and the existence of other criminal files. After the limitation period comes an expungement period, which also depends on the severity of the offense and the sentence. Once the limitation period and the expungement period have passed, the criminal record is expunged automatically. It does not disappear completely from the state's systems, but the number of bodies that can access the information in it is reduced. To cancel or shorten the time until the criminal record is expunged, you must submit a pardon application to the President of the State to shorten the limitation period or the expungement period.

Application to cancel a police record - who is it suitable for?

An application to cancel a police record (of closed files) is suitable for anyone who has an internal police record of an investigation file where at least 5 years have passed since the incident for misdemeanors or 7 years for felonies. Closed police files are investigation files that did not lead to an indictment and were closed at the end of the investigation. There are several grounds for closing a file: lack of guilt, lack of public interest and lack of evidence. If a file is closed on grounds of lack of guilt, it is deleted automatically from the police record, while files closed on either of the other two grounds remain in the police record.

Cancelling the police record of a closed file

The police record of a closed file can be cancelled by submitting an application to the head of the Police Investigations and Intelligence Division (or an officer authorized for this purpose) after a cooling-off period has passed since the incident. For misdemeanors (offenses punishable by less than 3 years' imprisonment), the cooling-off period is 5 years for an adult or 3 years for a minor. For felonies (offenses punishable by 3 or more years' imprisonment), the cooling-off period is 7 years for an adult and 5 years for a minor.

In closed files of adults for infractions and misdemeanors, the record is cancelled automatically after 7 years, except for certain offenses.

If a person wishes to cancel the police record of a closed file, they have two options: apply to change the grounds for closing the file to "lack of guilt" (which leads to immediate and complete deletion of the record) or apply to the police to cancel the record.

Can every closed file be cancelled?

Not every closed file can be cancelled or deleted. The possibility of cancelling a police record depends on the grounds on which the file was closed, on the passing of the cooling-off period set by law and on the discretion of the authorized officials. In considering the application, the officials will weigh the circumstances of the incident, its severity, the severity of the harm to persons or property, the personal circumstances of the record holder, the existence of other police records and the absence of open files.

Do the grounds for closing the file affect the possibility of cancelling the record?

The grounds for closing the file are fundamental to the police record. The record is kept in the police databases as long as the file was not closed on grounds that completely clear the suspect. There are 3 grounds for closing a police file – lack of guilt, lack of evidence (the circumstances of the case are not suitable for prosecution) and lack of public interest. When a file is closed on grounds of lack of guilt, it means that the suspect is completely cleared of any suspicion. If the file was closed on grounds of lack of evidence or lack of public interest, the file remains documented in the police databases. Therefore, one way to cancel the police record of a closed file is to apply to change the grounds for closure from lack of evidence or lack of public interest to lack of guilt.

How do you cancel a criminal record?

A criminal record concerns criminal cases in which the defendant was indicted, convicted and sentenced (and in certain cases in which they were indicted and the court refrained from convicting them). The criminal record goes through two periods – a limitation period and an expungement period – whose length depends on the severity of the offense and the sentence. Once these two periods have ended (which may take as long as 17 years), the record is expunged. To cancel the record before these periods have passed, you must submit a pardon application to the President of the State and to the Ministry of Justice.

How do you apply to cancel a police record?

To apply to cancel the police record of a closed file, you must write to the Criminal Information Section at Police National Headquarters. The application is made online through the government identification system. The application can be submitted only after the cooling-off period set by law has ended, depending on the severity of the offense and the applicant's age on the date of the incident.

Who do you submit the application to?

An application to cancel a police record is submitted to the Criminal Information Section at Police National Headquarters, and the decision is within the authority of the head of the Police Investigations and Intelligence Division or a senior officer (with the rank of Chief Superintendent or above) authorized for this purpose.

Which documents should be attached to the application?

It is worth attaching to an application to cancel a police record certificates or recommendations from military or national service, proof of studies and employment, recommendations from workplaces or volunteering, and any document supporting the applicant's circumstances.

What should be included in the grounds for the application?

In an application to cancel a police record, it is worth setting out the circumstances that make the cancellation necessary. Among other things: personal and family circumstances such as financial, family and health situation; details of the rehabilitation process and proof of a positive, normative lifestyle since the incident; proof of stable employment or studies; and details of military or national service, including recommendations from commanders and certificates of excellence. In addition, it is worth including a description of the circumstances of the specific incident – explaining its background and showing that it was an exceptional event that does not represent the person's usual conduct.

What considerations are examined in an application to cancel a police record?

The official who decides whether to accept an application to cancel a police record is the head of the Police Investigations and Intelligence Division (or a senior police officer authorized for this purpose), and the considerations they examine are the time that has passed since the incident that led to the investigation, the person's age, their personal circumstances, the nature and severity of the offenses attributed to them and the existence of criminal information concerning them.

Time that has passed since the incident

The time that has passed since the incident is a central, preliminary consideration in deciding whether to accept an application to cancel a police record. As a rule, after 5 years for misdemeanors or 7 years for felonies the record is cancelled automatically; a proactive application to cancel the record is submitted before these periods end (subject to a preliminary cooling-off period set in police procedures). The officer deciding on an application to cancel a police record examines the time that has passed since the offense, and the more time that passes without further criminal involvement, the more weight the individual's rehabilitation interest carries against the public interest in retaining the information.

The applicant's age at the time of the offense

The younger the suspect (a minor) was at the time of the act, the more lenient the police tend to be and the more weight they give to rehabilitation and deletion of the record. This stems from the understanding that it was a mistake that could harm their future.

Severity and circumstances of the offense

The more serious the offense and its circumstances, the greater the chance that the application to cancel the police record will be rejected. Among the considerations, the police examine the classification of the offense (infraction, misdemeanor or felony), what damage was actually caused (physical, emotional, financial, public, etc.) and whether the offense involved advance planning, use of force or systematic fraud. Ultimately, they examine how the offense relates to the public interest. In other words, the more the offense undermines public trust or safety, the harder it is to convince the police to delete the record.

Other records and conduct since the incident

In an application to cancel a police record, the police weigh the public interest against the individual's interest in rehabilitation. The existence of other records and the suspect's conduct since the incident bear on the rehabilitation interest. A person who shows a change of direction, a normative lifestyle and a positive contribution to society strengthens the weight of the rehabilitation interest, whereas a person who has accumulated further records since the incident actually shows that the public interest is to keep their record.

Personal circumstances and rehabilitation

Arguments based on personal circumstances and rehabilitation in an application to cancel a police record are intended to tip the balance toward the suspect's personal and rehabilitation interest. Thus, personal, family and financial circumstances can show that the applicant has changed for the better and, in certain cases, also the need for that clean slate without a record indicating criminal involvement.

How much time must pass before applying to cancel a record?

Before applying to cancel a police record, you must wait for a cooling-off period. This period is set according to the offense and the record holder's age. For misdemeanors (offenses with a maximum penalty of up to 3 years' imprisonment), there is a cooling-off period of 5 years for an adult and 3 years for a minor. For felonies – offenses punishable by 3 or more years' imprisonment – there is a cooling-off period of 7 years for an adult and 5 years for a minor. Only at the end of the cooling-off period can an application to cancel the police record be submitted.

How long does it take to process an application to cancel a criminal record?

Processing an application to cancel a police record takes several months, usually between 3 and 6 months. In the case of an application to cancel a criminal record (for a conviction) through a pardon application to the President of the State, processing takes longer and can last up to about a year.

What do you do if the application to cancel the record is rejected?

If the application to change the grounds for closure is rejected, an appeal can be filed with the supervising authority (the Appeals Department at the State Attorney's Office or a senior prosecution official). If the application to cancel the police record is rejected, in appropriate circumstances a petition can be filed with the High Court of Justice.A new application can also be submitted after some time has passed, with new circumstances that strengthen the grounds.

There is no legal appeal against the President's decision on a pardon application to cancel or shorten the limitation and expungement periods of a criminal record. However, a new pardon application can be submitted after six months.

Cancelling a criminal record without a lawyer - can you apply on your own?

Anyone may apply to cancel a police or criminal record independently, without a lawyer, directly to the police or to the Pardons Department. However, this is a procedure that requires meeting threshold conditions and setting out reasons to prove the claims. A lawyer's help in submitting the application can increase its chances of being accepted.

Lawyer for cancelling a criminal record - when should you get legal advice?

It is advisable to get legal advice from a criminal lawyer regarding cancellation or expungement of a criminal record and police record right before the police file is closed (in the case of a police record), or in cases where the record is likely to affect the record holder's life – for example, getting a job, obtaining a professional license or traveling abroad. It is important to get legal representation before submitting an application to the various authorities. An experienced lawyer will know how to set out the grounds for accepting the application in the best way and prove why, in this case, the personal rehabilitation interest outweighs the public interest.

FAQ about cancelling a criminal record

Is a closed file deleted automatically from the police record?

Where the grounds for closure are 'lack of guilt', the file is deleted immediately and automatically from the police databases. Files closed on other grounds are cancelled automatically after the period set by law (5 years for a misdemeanor and 7 years for a felony). To cancel the record before then, you must apply to change the grounds for closure or to cancel the record.

Can more than one closed file be cancelled?

Yes, you can request and handle the closure or cancellation of several closed files, but the police examine each file on its merits according to the personal circumstances, the severity of the offenses and the time that has passed since the incident.

Can a record be cancelled even years after the file was closed?

Yes, definitely. As a rule, an application to cancel the record can be submitted only after the cooling-off period has passed (5 years for misdemeanors and 7 years for felonies). However, closed files are deleted automatically after 5 years for misdemeanors and after 7 years for felonies (provided there are no other records).

Can a record be cancelled when there are other files?

You can apply to cancel a police record when there are other files, but their existence makes it significantly harder for the application to be accepted. The police consider the application according to criteria such as past and present criminal proceedings, their severity and the time that has passed since the offenses were committed. Ultimately, the decision balances protecting the public interest against protecting the individual's interest in rehabilitation.

Does changing the grounds for closing a file delete the police record?

Yes, changing the grounds for closing the file to "lack of guilt" leads to full deletion of the police record. Files closed on grounds of "lack of guilt" are deleted automatically from the police record, so if the grounds for closure were changed to "lack of guilt", the record is cancelled.

Does cancelling the record affect the information that various bodies can receive?

Cancelling the police record of closed files removes the information from the databases accessible to various bodies, so they can no longer see it. However, a very small number of bodies, such as the Shin Bet or certain security agencies, may continue to have access to the information.

Can another application be submitted after a previous one was rejected?

If an application to cancel a police record was rejected, another application can be submitted. However, it is advisable to wait some time before submitting another application, and to do so if there has been a significant change in personal circumstances or there are new grounds that can strengthen the application.

Can a lawyer submit the application on the applicant's behalf?

An application to cancel a police record can be submitted by a lawyer with a signed power of attorney. Legally, a person may submit the application themselves, but they can certainly use the legal representation of a criminal lawyer to increase the chances of it being accepted.

This information does not replace legal representation or advice.