Criminal Record Expungement After 7 Years

A criminal record is created for a person who committed an offense, was tried and was convicted, and it greatly affects a person's life in many areas, such as getting a job, the ability to work in various professions, obtaining a visa abroad, holding a firearm and more. To allow those convicted to rehabilitate themselves and get on with their lives lawfully, Israeli law sets a period of time after which the record is expunged.

It should be emphasized that the record is not deleted completely; rather, it is no longer visible to most bodies in the country. Despite the common claim that a criminal record is expunged after 7 years, this is not correct. In this article we will expand on the issue and on the various ways to expunge a criminal record and a police record.

In this article we will review whether a criminal record is really expunged after 7 years, when expungement is automatic, what the difference is between a criminal record and a police record, and what options exist to shorten the period.

Table of contents

• Is a criminal record expunged automatically after 7 years?
• Criminal record expungement and limitation period
• Criminal record expungement time
• Is 7 years the expungement period for every criminal record?
• Automatic expungement of a criminal record
• Is a police record deleted?
• What do you do if 7 years have passed and the record has still not been deleted?
• FAQ about criminal record expungement after 7 years
• Is a prison term added to the limitation period?

Is a criminal record expunged automatically after 7 years?

The criminal record of a person convicted in court is not expunged automatically after 7 years. However, a police record of closed files for offenses punishable by less than 3 years (infractions and misdemeanors) is deleted automatically 7 years after the date of the incident. The police have the authority to decide not to cancel the record in certain cases or when there is a record of other offenses.

Criminal record expungement and limitation period - what is the difference between the limitation period and expungement?

The limitation period of a criminal record is a certain period set by law, after which only a few bodies are allowed to receive the information. The expungement period of a criminal record is a period that accrues after the limitation period, at the end of which the number of bodies that can access the information is reduced further.

A criminal past that has passed its limitation period - what does it mean in practice?

In practice, a criminal past that has passed its limitation period means that only a small number of bodies have access to this information. The record is not deleted from the police system, but it is not accessible to most employers and private bodies. Thus, when a person is required to present a certificate of no criminal record, the information about that criminal record will not appear on it.

Criminal record expungement time - how is the expungement period determined?

The expungement period of particular information from the criminal register depends on the nature of the offense, the sentence imposed on the offender and whether that person has another criminal record. For some offenses (for example, murder, exploiting minors for prostitution, espionage or passing information to the enemy) there is no limitation period or expungement from the record. The expungement period, counted from the end of the limitation period, can range from 4 to 10 years, depending on the circumstances of the case.

Does the type of sentence affect the expungement time?

The expungement time is derived, among other things, from the type and severity of the sentence. The more severe the sentence (and the longer the actual prison term) the longer both the limitation period and the expungement period that follows it.

Do other records affect the expungement period?

Other records also affect the length of the expungement period in two ways. First, for a person with another criminal record, the limitation period will be longer. Second, when a person has several convictions, the limitation period may depend on the end of the periods of all the convictions together.

Are there different periods for minors and adults?

The expungement period of a criminal record differs between minors and adults and ranges from 3 to 5 years, depending on the minor's age, the offense they were convicted of and the sentence imposed on them. Minors against whom a criminal case was opened but who were not convicted have no limitation period, only an expungement period. This period begins on the date of the judgment.

Is 7 years the expungement period for every criminal record?

7 years is not the expungement period for every criminal record. Under the Criminal Information and Rehabilitation Law, a criminal record is expunged in two stages – the limitation period and the expungement period. These two periods last according to the offense and the offender's sentence, and together they may reach as much as 20 years.

Automatic expungement of a criminal record - is expungement carried out without an application?

Expungement of a criminal record due to the passage of time (limitation and expungement) is carried out automatically by the state's computer systems, according to the statutory date, and there is no need to submit an application for this. However, if you wish to shorten the expungement period, a pardon application is required, as is the case when you want to change the grounds for closing a file or cancel the record.

Automatic deletion of a police record - in which cases is there no need to apply?

Where police files have been closed and minor offenses are involved, the police record is cancelled automatically by the police computer systems, and there is no need to submit an application. Even in cases where offenders were convicted in court, for certain offenses there is no need to submit an application, and the length of the period is set according to the sentence.

Is a police record deleted? - And how does it differ from a criminal record?

A criminal record refers to an offense that a person committed, was tried for and was sentenced. In such a case, that person has a criminal record in the state's systems. By contrast, a person who was suspected or questioned about a certain offense and had a police file opened against them, but was not prosecuted for that file, has a police record. A file closed on grounds of lack of guilt is deleted automatically and completely from police records shortly after it is closed, while files closed on other grounds are deleted after 7 years.

What do you do if 7 years have passed and the record has still not been deleted?

In the case of a police record of a closed file, for most offenses the record will be deleted after 7 years. However, for exceptional offenses (such as sexual offenses or serious violence, or where there are other open files), the police do not delete the record automatically, and a dedicated application must be submitted.

In the case of a criminal record, the limitation and expungement periods are calculated according to the severity of the sentence; in most cases the two periods together add up to more than 7 years.

FAQ about criminal record expungement after 7 years

From what date do the limitation and expungement periods start?

The limitation period of a criminal record starts on the date the court gives its judgment or sentence – this period is affected by the prison term imposed on the offender. The expungement period begins at the end of the limitation period. The expungement period is also affected by the severity of the sentence imposed on the offender and by other criminal records.

Is a prison term added to the limitation period?

A prison term is indeed added to the basic limitation period. For example: for a person sentenced to up to 5 years' imprisonment, the limitation period will be the prison term plus 7 years from the date of the judgment. By contrast, for a person who was convicted but not sentenced to imprisonment and has no other criminal record, the limitation period will last about 4-5 years from the date of the judgment.

Can another conviction extend the period?

Yes, another criminal conviction during the period in which the previous record is still active significantly extends both the limitation period and the expungement period.

Are all types of offenses subject to the same expungement periods?

The limitation and expungement periods in the criminal register vary according to the severity of the offense and the sentence imposed on the offender, as well as the existence of other criminal records. Thus, more serious offenses lead to more severe sentences and therefore to longer limitation and expungement periods. Moreover, there are serious offenses for which there is no limitation or expungement period – for example, murder, state security offenses, certain sexual offenses and more.

Can a record that has passed its limitation period still be visible to certain bodies?

A criminal record that has passed its limitation period is still visible to certain bodies. The limitation period does not delete the information completely, but narrows the circle of bodies that can see it. Bodies entitled to see a record that has passed its limitation period are the Israel Police and law enforcement agencies, security and intelligence bodies, central government authorities (such as the Attorney General, the government and the Judicial Selection Committee) and bodies with special statutory authority (such as licensing committees for certain professions defined by law).

Can you know in advance on what date the record is expected to be expunged?

Yes, you can know in advance the exact date on which the criminal record is expected to be expunged. Israeli law sets a clear formula based on the time that has passed since the judgment, the type of offense, the severity of the sentence and whether there are other convictions. Accordingly, the limitation stage and the expungement period can be calculated precisely, and at the end of these two periods the record is expected to be expunged automatically. To find out the exact date, you can obtain a printout of the criminal record from the police. The printout can be requested in person at any police station, by ordering a criminal information certificate or through a criminal lawyer representing the applicant.

Can a change in the law affect the expungement period of an existing record?

A change in the law can indeed affect the expungement period of an existing criminal record. The effect of such a change on the expungement period depends on the provisions and wording of the law.

Can the expungement period be shortened before it ends?

The expungement period of a criminal record can be shortened before it ends by submitting a pardon application to the President of the State. The President has the authority to shorten the waiting periods and even to expunge the record completely. He decides on this after consulting the Minister of Justice and a review by the Pardons Department at the Ministry of Justice.

Why is it important to consult a criminal lawyer about expunging a criminal record?

An application to expunge a criminal or police record is not always handled in the same way, and the available options depend on the type of record, the grounds for closing the file, the severity of the offense, the sentence imposed and any other records the person has. A recommended lawyer specializing in criminal law can examine the details of the case, check the expected date of the limitation period or expungement, and consider whether it is possible to act earlier – for example, through an application to cancel a police criminal record, changing the grounds for closing a file or submitting a pardon application. Appropriate legal advice can help you choose the right procedure and avoid submitting an application that does not suit the circumstances of the case.

This information does not replace legal representation or advice.