Criminal Lawyers

Jerusalem

Eldar Shabo & Co. Law Office

Criminal/Military Law, Traffic Law, Insolvency and Judgement Execution Law Office

Immigration Lawyers

Tel Aviv

Michael Fetman, Attorney at Law

Family Law, Immigration & Status Regulation in Israel

Criminal Record Expungement After 7 Years

Real Estate Lawyers

LawReviews

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?](#chapter-1)
- [Criminal record expungement and limitation period](#chapter-2)
- [Criminal record expungement time](#chapter-4)
- [Is 7 years the expungement period for every criminal record?](#chapter-8)
- [Automatic expungement of a criminal record](#chapter-9)
- [Is a police record deleted?](#chapter-11)
- [What do you do if 7 years have passed and the record has still not been deleted?](#chapter-12)
- [FAQ about criminal record expungement after 7 years](#chapter-13)
- [Is a prison term added to the limitation period?](#chapter-15) 

## Is a criminal record expunged automatically after 7 years? {#chapter-1}

[The criminal record of a person convicted](https://www.lawreviews.co.il/article/criminal-record) 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? {#chapter-2}

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? {#chapter-3}

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? {#chapter-4}

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? {#chapter-5}

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? {#chapter-6}

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? {#chapter-7}

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? {#chapter-8}

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? {#chapter-9}

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? {#chapter-10}

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? {#chapter-11}

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? {#chapter-12}

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 {#chapter-13}

### From what date do the limitation and expungement periods start? {#chapter-14}

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? {#chapter-15}

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? {#chapter-16}

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? {#chapter-17}

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? {#chapter-18}

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? {#chapter-19}

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](https://www.gov.il/he/pages/police_criminal_information_certificates) or through [a criminal lawyer](https://www.lawreviews.co.il/search/criminal-law) representing the applicant.

### Can a change in the law affect the expungement period of an existing record? {#chapter-20}

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? {#chapter-21}

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? {#chapter-22}

[An application to expunge a criminal or police record](https://www.lawreviews.co.il/article/criminal-record-expungement-request) 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](https://www.lawreviews.co.il/) 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](https://www.lawreviews.co.il/article/criminal-record-cancellation-request), 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.



Criminal law

Criminal Record Expungement After 7 Years - What Does the Law Say?

Is a criminal record really expunged after 7 years? When is expungement automatic, what is the difference between a criminal and a police record, and what options exist to shorten the period.

Application to Expunge a Criminal Record

Application to Expunge a Criminal Record - How to Apply and What to Attach

Want to expunge a criminal record before the period ends? A guide to submitting a pardon application, the arguments to present, the documents to attach and the options for early expungement.

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?](#chapter-1)
- [In which cases can you apply to cancel a criminal record?](#chapter-2)
- [Application to cancel a police record](#chapter-3)
- [Cancelling the police record of a closed file](#chapter-4)
- [How do you cancel a criminal record?](#chapter-7)
- [How do you apply to cancel a police record?](#chapter-8)
- [What considerations are examined in an application to cancel a police record?](#chapter-12)
- [How much time must pass before applying to cancel a record?](#chapter-18)
- [How long does it take to process an application to cancel a criminal record?](#chapter-19)
- [What do you do if the application to cancel the record is rejected?](#chapter-20)
- [Cancelling a criminal record without a lawyer](#chapter-21)
- [When should you get legal advice?](#chapter-22)
- [FAQ about cancelling a criminal record](#chapter-23)

## What is the criminal record? {#chapter-1}

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? {#chapter-2}

[A criminal record of a conviction](https://www.lawreviews.co.il/article/criminal-record) 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? {#chapter-3}

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 {#chapter-4}

The police record of a closed file can be cancelled by submitting an application to the head of the [Police Investigations and Intelligence Division](https://www.gov.il/he/pages/police_investigations_and_intelligence_department_about) (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? {#chapter-5}

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? {#chapter-6}

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? {#chapter-7}

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](https://www.gov.il/he/service/pardon_request) and to the Ministry of Justice.

## How do you apply to cancel a police record? {#chapter-8}

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? {#chapter-9}

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? {#chapter-10}

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? {#chapter-11}

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? {#chapter-12}

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 {#chapter-13}

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 {#chapter-14}

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 {#chapter-15}

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 {#chapter-16}

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 {#chapter-17}

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? {#chapter-18}

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? {#chapter-19}

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? {#chapter-20}

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? {#chapter-21}

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? {#chapter-22}

It is advisable to get [legal advice from a criminal lawyer](https://www.lawreviews.co.il/search/criminal-law) regarding cancellation or [expungement of a criminal record](https://www.lawreviews.co.il/article/criminal-record-expungement-request) 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 {#chapter-23}

### Is a closed file deleted automatically from the police record? {#chapter-24}

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? {#chapter-25}

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? {#chapter-26}

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? {#chapter-27}

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? {#chapter-28}

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? {#chapter-29}

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? {#chapter-30}

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? {#chapter-31}

An application to cancel a police record can be submitted by [a lawyer](https://www.lawreviews.co.il/) 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.

 



Application to Cancel a Criminal Record - Who to Apply to and How It Works

How do you apply to cancel a criminal or police record? Who to apply to, the difference between the types of record, which documents to attach and what affects the application's chances.

Criminal Record Check

Checking the criminal register is a legal right in Israel that allows every citizen to get an accurate picture of their legal past. Whether you need to obtain a certificate of good conduct or want to check whether there are open or closed files  \- in recent years, access to this information has become simple, available and inexpensive. 

In this article we will review how to check whether you have a criminal record, whether a check can be done online, what information appears in the register and who may have access to it. Everything you need to know.

**Table of contents**

- [How can I check whether I have a criminal record?](#chapter-2)
- [Online criminal record check](#chapter-4)
- [Criminal record check by ID number](#chapter-6)
- [Finding a criminal record \- what information can you find?](#chapter-8)
- [What is the difference between a criminal record and a police record?](#chapter-14)
- [Can you check another person's criminal record?](#chapter-16)
- [Who can receive information about a criminal record?](#chapter-18)
- [Certificate of good conduct](#chapter-25)
- [Criminal Information Section at National Headquarters](#chapter-33)
- [What do you do if the check reveals a criminal or police record?](#chapter-35)

## How can I check whether I have a criminal record? {#chapter-2}

Anyone who wants to check whether they have a [criminal record](https://www.lawreviews.co.il/article/criminal-record) can go in person to any police station in Israel and view the information held about them. The citizen may review the information and even receive a printout for their personal review only (the law prohibits any outside party from demanding this printout). {#chapter-3}

## Online criminal record check {#chapter-4}

[Under Israeli law](https://main.knesset.gov.il/apps/legislation/main/laws), a criminal record is confidential, so a full criminal record cannot be checked online. A person who wishes to view their criminal record must go to a police station to do so. However, an online application can be submitted for an official document summarizing the record where it is required by foreign missions. In these cases, the document is sent directly to those bodies.

## Criminal record check by ID number {#chapter-6}

A criminal record check is carried out personally by the record holder by going to a police station in person and viewing the information there. Identification with an ID card is required for this. It is not possible to use an ID number to view the criminal record of the record holder or of another person. In exceptional cases, another person will be allowed to view a criminal record that is not their own – for example, a parent of a minor, a guardian, a relative in special circumstances, or a criminal lawyer for the purpose of representation. 

## Finding a criminal record \- what information can you find? {#chapter-8}

The criminal register covers three categories \- police records (files closed after a police investigation without an indictment), pending files (MBD files) and criminal records (files in which the defendant was tried and convicted). 

### Pending files {#chapter-10}

Files in which the investigation has not yet ended or whose outcome has not yet been decided are called MBD files (pending determination). Later on, these files are expected either to be closed without an indictment or to end with an indictment being filed. 

### Closed files and police records {#chapter-12}

These are files in which the police investigation has ended and it was decided not to prosecute the suspects. There are three grounds for closing a police file – "lack of guilt", "lack of evidence" and "lack of public interest". If the file was closed on grounds of lack of guilt, it is deleted completely from the police record. If the file was closed on grounds of lack of evidence or lack of public interest, it is closed and recorded in the police databases.

## What is the difference between a criminal record and a police record? {#chapter-14}

The criminal register mainly covers criminal records and police records. A criminal record brings together criminal proceedings involving an indictment, a conviction and a sentence (in certain cases even without a conviction). The police record includes criminal incidents that ended without an indictment (a police investigation only), and these differ in the severity of the offenses (infraction, misdemeanor and felony). A criminal record stays with its holder for a long time, and many years can pass until it is expunged,while a police record is cancelled automatically after 5-7 years (depending on the severity of the offense).

## Can you check another person's criminal record? {#chapter-16}

As a rule, every person is entitled to view only their own criminal record and is also prohibited from passing the information on. However, in special cases, such as parents of minors, a guardian of a vulnerable person, or in certain health/personal circumstances, relatives will also be granted permission to view it. In addition, a criminal defense lawyer can obtain permission to view the criminal record of a suspect/defendant they represent. 

## Who can receive information about a criminal record? {#chapter-18}

Israeli law provides that every person has the right to receive information about their own criminal record. Apart from that, in special cases relatives will be granted permission to view it (for example, parents of a minor), and a lawyer can also receive information about a person they represent. Beyond this, the criminal record is available to certain employers and specific bodies defined by law. Over the years that a file remains in the criminal record, the range of bodies with access to it gradually narrows. 

### Criminal record check of an employee {#chapter-20}

As a rule, employers are not entitled to receive an employee's criminal record, since by law this information is confidential. There are specific public and government bodies that may receive the information – security bodies, law enforcement authorities and public bodies defined by law. There are special settings (for example, institutions caring for minors, vulnerable people, assisted living, etc.) in which a check is permitted, subject to the employee's consent and an application by the authorized officer to the police. 

### Criminal record and the Ministry of Education \- when can information be obtained? {#chapter-22}

The Ministry of Education is one of the bodies defined by law that can request and receive data from the criminal register before hiring a job candidate. The Ministry may see information about convictions that have not been expunged, as well as pending files (MBD files), in order to protect children's welfare.


## Certificate of good conduct \- how does it differ from a criminal record check? {#chapter-25}

A certificate of good conduct (officially called a criminal information certificate) is essentially an output issued from the police criminal record database. This certificate is an official document provided to authorized authorities abroad upon request, and it can be ordered online. The output itself is sent directly to the foreign mission concerned and not to the applicant. By contrast, a criminal record check is a check carried out in person by the record holder at a police station to find out whether they have a criminal record and what it contains. 

### When is a certificate of good conduct required? {#chapter-27}

A certificate of good conduct, attesting to the absence of a criminal record, is issued by the police and is required in various situations where it is necessary to prove that a person has no criminal past. For example, when being hired for sensitive jobs – government, security or work with children – when obtaining a visa or emigrating, adopting children and more. 

### What information appears in a certificate of good conduct? {#chapter-29}

A certificate of good conduct reflects a person's legal and criminal status according to police databases. It includes personal details and confirmation that there is no criminal record if the person has no active convictions. If the applicant has a criminal record that has not yet been expunged, it will appear in the output, as will pending investigation files. By contrast, closed police files do not appear on the certificate at all. 

###  How do you obtain a certificate of good conduct? {#chapter-31}

To obtain a certificate of good conduct, you must apply in person at any police station in the country after identifying yourself with an ID card. You can also apply to have the certificate issued online for specific purposes, such as sending it to a foreign mission or an authorized body abroad. 

## Criminal Information Section at National Headquarters \- when should you contact it? {#chapter-33}

When a person wishes to apply to cancel or delete a police record of closed files, they must contact the Criminal Information Section at Israel Police National Headquarters. [The application to cancel the criminal record](https://www.lawreviews.co.il/article/criminal-record-cancellation-request) is considered by the head of the Investigations and Intelligence Division of the police, who has the authority to cancel the record, depending on various considerations. 

## What do you do if the check reveals a criminal or police record? {#chapter-35}

A criminal or police record leaves a stain on a person's past and may be an obstacle in various areas of their life. If the check reveals a criminal or police record, you can apply to the relevant authorities to have the record expunged or cancelled, given the appropriate circumstances. 

### FAQ about criminal record checks {#chapter-37}

### Does opening a police file mean I have a criminal record? {#chapter-38}

No, opening a police file does not automatically create a criminal record. Israeli law distinguishes between a criminal record (a record following a criminal conviction in court) and a police record (a pending or closed investigation file). Ifthe police file ends with an indictment and a conviction in court, it will become a criminal record. 

### Does a closed file remain in police systems? {#chapter-40}

An investigation file closed on grounds of "lack of guilt" is deleted immediately and completely from police records. Investigation files closed on grounds of lack of evidence or lack of public interest remain as an internal police record (until they are cancelled automatically after 5 to 7 years, or following a proactive application).

### Can a criminal record appear even without a conviction? {#chapter-42}

Yes, in certain cases a criminal record can appear even without a legal conviction – for example, where a probation order or community service order was issued.

###  What is an application for a criminal information certificate? {#chapter-44}

A criminal information certificate (also known as a certificate of good conduct) is an official Israel Police document setting out a person's criminal status. This certificate is intended to be presented to embassies or foreign missions abroad, and it includes information about convictions that have not yet reached their limitation period or about open files. 

### Does every conviction appear in the criminal record? {#chapter-46}

As a rule, every criminal conviction appears in the criminal record, but there are exceptions. Thus, where the court found that the defendant committed the offense but decided to end the case without a conviction for rehabilitation reasons, the information will not appear as a conviction in the criminal register. In addition, very minor offenses defined as "infractions" (punishable by less than three months' imprisonment) do not lead to a criminal record. Furthermore, convictions that have passed the limitation and expungement periods will not appear in the record except to very limited parties.

### Can I get a printed copy of my criminal information? {#chapter-48}

Israeli law provides that a person may go to a police station and receive a printout of their criminal information for their personal review only. However, the law prohibits the citizen from passing this printout on to an outside party, and prohibits employers or private bodies from demanding it. 

### Can a lawyer view my criminal record on my behalf? {#chapter-50}

A lawyer (including an intern employed by them) can receive a printout containing criminal information about a client when this is necessary to represent the client before [the court](https://www.court.gov.il/ngcs.web.site/homepage.aspx) or another body. 

### Can a private body require me to present criminal information? {#chapter-52}

Israeli law does not allow an employer or a private body to require a person to provide criminal information about themselves or to present a certificate of good conduct. Under the Criminal Information and Rehabilitation Law, such a demand constitutes a criminal offense. 

### Does an old criminal record still appear in a check? {#chapter-54}

Before it is expunged, a criminal record goes through two stages – a limitation period and an expungement period. After the limitation period, the list of bodies authorized to see it is reduced, and it is reduced even further after the expungement period. Essentially, the criminal record is not physically "deleted" from the register; rather, certain bodies' ability to access it is reduced. 

### Can information that has passed its limitation period still be visible to certain bodies? {#chapter-56}

Definitely. Information that has passed its limitation period remains visible to certain bodies, such as law enforcement authorities, security bodies and employers with special authorization.

###  How can you obtain a criminal record check from the Israel Police, and who is authorized to receive this information? {#chapter-58}

To check your criminal record, you must go to a police station and ask to view the information. The record holder is the only one who can request and receive permission to view it, except in special cases where relatives may see the information (parents of minors, guardians, etc.). In addition, the record holder's lawyer can also ask to view the information in order to represent the client. 

### What do you do if a file that should have been closed appears in the record? {#chapter-60}

If a police file that should have been closed appears in the record, it may have been closed on grounds other than "lack of guilt" and therefore remains in the record. It is worth finding out the grounds on which the file was closed and, accordingly, applying to the police to change them. [It is advisable to use a criminal lawyer for this](https://www.lawreviews.co.il/search/criminal-law). 

### Does a criminal record check also include traffic offenses? {#chapter-62}

A regular criminal record check does not include traffic offenses, because the state has a separate system for traffic and driving offenses (called the traffic register). Only in cases of particularly serious traffic offenses that have become criminal proceedings will the record appear in the criminal register. 

### Can a military record appear in the criminal information? {#chapter-64}

Yes, a conviction for a criminal offense in a military court appears in the criminal record. For some offenses the record may be defined as "reduced", meaning that the information is available to a limited number of bodies and is expunged more quickly. Some military records, such as disciplinary proceedings, do not appear in the criminal record at all. 

### Can the result of a criminal record check affect getting a job? {#chapter-66}

Only certain bodies in Israel can require a criminal record. These include the civil service, the police, the army, sensitive security bodies and institutions caring for children or vulnerable people. Beyond that, private employers are prohibited from requiring a certificate of good conduct or a criminal record check, and such a demand is a criminal offense. For anyone wishing to work for the bodies that are allowed to require a criminal record, the result can certainly affect their chances of being hired. 

### I found a criminal record in the check \- what is the next step? {#chapter-68}

If the check reveals that there is a criminal record, [it is advisable to consult a lawyer](https://www.lawreviews.co.il/) specializing in criminal law to find out how the record can be expunged or cancelled. A criminal record is a stain that can affect and weigh on a person's life in every area, so it is important to have it expunged as far as possible. You can submit [an application to expunge the criminal record](https://www.lawreviews.co.il/article/criminal-record-expungement-request) or an application to cancel the criminal record on your own, but a lawyer experienced in the field will know how to frame the application correctly and present the necessary arguments in a way that increases its chances of being accepted. 

This information does not replace legal representation or advice.


Criminal Record Check - How to Check and What Can You See?

How do you check whether you have a criminal record, can it be checked online, what information appears in the register and who may access it? Everything you need to know.

Criminal Record

Criminal Record - What It Is, How to Check It and When It Can Be Expunged

What is a criminal record, how does it differ from a police record, how do you check the information, what consequences can it have and when can you act to have it expunged?

Driving Under the Influence of Drugs: What Does the Law Stipulate and What is the Punishment?

Driving under the influence of drugs is considered one of the most severe traffic violations, and the law applies a strict and uncompromising policy toward it. Unlike driving under the influence of alcohol, where a defined numerical threshold separates the permitted from the prohibited, in the context of drugs there is an absolute ban on any amount whatsoever (drug traces). This means that the presence of any quantity of a drug in a blood or urine test, or of its metabolites, is sufficient to define the trip as driving under the influence and lead to harsh penalties.

**Table of Contents:**

* [What is driving under the influence of drugs?](#section-1)
* [Driving under the influence of cannabis](#section-2)
* [What is the difference between driving under the influence of drugs and drunk driving?](#section-3)
* [When is a police officer authorized to demand a drug test from a driver?](#section-4)
* [Drug testing of drivers by the police](#section-5)
* [What happens if a driver refuses to undergo a drug test?](#section-6)
* [Are drug traces in the body sufficient for filing an indictment?](#section-8)
* [Driving under the influence of drugs – punishment](#section-9)
* [When should you consult a criminal lawyer specializing in traffic law?](#section-10)

Driving under the influence of drugs, much like [driving under the influence of alcohol](https://www.lawreviews.co.il/article/drunk-driving), is considered a very severe offense that carries heavy penalties such as fines, license revocation, and in certain cases, actual imprisonment. Road accident data in Israel indicate that driving under the influence of drugs/alcohol is a significant cause of accidents, road fatalities, and injuries. In fact, an average of over 300 people are injured every year in road accidents related to drugs or alcohol. Although the state attempts to combat the phenomenon, no improvement is yet visible.

## **What is driving under the influence of drugs?**

Driving under the influence of drugs is a criminal traffic offense that poses a danger to both the driver themselves and other road users. Due to the high potential for harm, when a police officer has a reasonable suspicion that a specific driver is driving under the influence of drugs, they have the authority to demand that the driver undergo a laboratory test (blood or urine) to detect the drugs. Furthermore, a police officer has the authority, even without reasonable suspicion, to ask any driver to undergo a breathalyzer test to detect alcohol or an initial saliva test to detect drugs. Refusing to undergo the tests establishes a legal presumption against the driver that they were driving while intoxicated, and they will be charged and tried as a drunk driver.

Anyone caught driving under the influence of drugs/alcohol faces severe penalties such as a minimum license disqualification for two years, monetary fines, and in some cases, actual imprisonment and a suspended sentence. Sometimes, the defendant will be referred for a reassessment regarding their fitness as a driver.

## **Driving under the influence of cannabis**

According to [Israeli law](https://main.knesset.gov.il/activity/legislation/laws/pages/lawlaws.aspx?t=lawlaws&st=lawlaws), driving under the influence of drugs/alcohol is considered as such if drug traces or its metabolites are found in the driver's body, even if they consumed the drugs a long time before driving. This also applies to cannabis. According to studies, the active ingredient in cannabis (THC) affects the brain and concentration, such that reaction speed slows down, coordination is impaired, and space and time perception are disrupted. Therefore, anyone caught driving under the influence of cannabis faces severe penalties.

As for patients holding a legal medical cannabis license, the law also prohibits them from driving under the influence of the drug and does not differentiate between the medical use of cannabis and any other use. However, in recent years, guidelines have been established allowing driving, provided that a defined time window has passed from the moment of consumption, they are not under active influence, and the amount in their body does not exceed the threshold permitted for patients.

## **What is the difference between driving under the influence of drugs and drunk driving?**

The Israeli law differentiates between drunk driving and driving under the influence (drugs/alcohol). The fundamental difference between the two lies in the type of evidence held by the prosecution and the ability to prove the offense in a laboratory. If a driver is found in an objective test to have taken drugs or consumed alcohol, they are legally considered to have driven while intoxicated. However, intoxication cannot always be proven. Sometimes, the tests are conducted hours after the offense was committed, making it difficult to detect alcohol remnants. In these cases, the state relies on the driver's behavior (smell of alcohol, performance tests, etc.), and the offense attributed to the driver will be driving under the influence.

Because a drunk driving offense is considered more severe, the punishment for its conviction is also heavier. Anyone convicted of drunk driving will have their driver's license revoked in practice for at least two years and also faces a fine and a suspended sentence. A driver convicted of driving under the influence faces lighter punishment, such as a disqualification for three months only, but this also depends on the circumstances of the case, such as whether they were previously convicted of similar offenses.

## **When is a police officer authorized to demand a drug test from a driver?**

The state treats the offense of driving under the influence of drugs with great severity. The potential for harm to the driver and the environment is what makes this offense one of the most severe in traffic law. This is also the reason why a police officer is permitted to ask a driver to undergo a blood or urine test to detect drugs if there is a reasonable suspicion that the driver is under the influence of drugs.

## **Drug testing of drivers by the police**

Police officers can ask drivers, regarding whom a reasonable suspicion exists of being under the influence of drugs, to undergo a urine test or a blood test to detect drugs. The tests identify drug traces, and the identification does not always correspond to the degree of actual impairment. In drug tests conducted on drivers by the police, there is no numerical threshold defined in the law because it is difficult to measure the ratio between the drug trace and its practical, real-world impact.

## **What happens if a driver refuses to undergo a drug test?**

When a driver refuses to undergo a drug test (blood or urine) at the officer's demand, even if there is a reasonable suspicion of driving under the influence of drugs, this carries severe legal consequences identical to a conviction for drunk driving. A driver who refuses a test will automatically be deemed to have driven while intoxicated, and is therefore subject to the revocation of their driver's license for at least two years, imprisonment, and an administrative disqualification.

### **Can the police disable or confiscate the vehicle?**

According to [the Traffic Ordinance](https://main.knesset.gov.il/Activity/Legislation/Laws/pages/lawprimary.aspx?t=lawlaws&st=lawlaws&lawitemid=2000933), a police officer has the authority to order an administrative impoundment of the vehicle in which the offense was committed for 30 days, even if an indictment has not yet been filed. Concurrently, the police also have the authority to suspend the driver's license of the driver for 30 days immediately.

## **Are drug traces in the body sufficient for filing an indictment?**

Drug traces in blood or urine tests are sufficient for filing an indictment for the offense of driving under the influence of drugs, even if the driver shows no behavioral signs indicating drug use, and even if very small remnants are found. Meaning, if a driver took the test a few days after consuming the drug, the test might still locate its traces, and they may stand trial for it.

## **Driving under the influence of drugs – punishment**

Driving under the influence of drugs is considered a severe offense, and therefore the punishment is correspondingly heavy. In addition to an administrative disqualification of the driver's license for 30 days, the minimum sentence for driving under the influence of drugs includes a license revocation for at least two years. Alongside the mandatory disqualification, the court is authorized to impose a suspended sentence and a monetary fine on the driver. A driver convicted for the second time of this offense could face a driver's license disqualification for at least 4 years.

## **When should you consult a criminal lawyer specializing in traffic law?**

Driving under the influence of drugs and, of course, driving under the influence of alcohol are severe, criminal traffic violations. Anyone convicted by law will find themselves without a driver's license for a prolonged period and may even lose their liberty. This is the reason why the moment you are arrested on suspicion of committing these offenses, it is advisable to contact a criminal lawyer specializing in traffic law.

An [experienced criminal lawyer](https://www.lawreviews.co.il/search/criminal-law) specializing in traffic law is someone practiced in representing drivers who committed these offenses, and they understand the nuances of the law, the changes occurring in it from time to time, and the way to achieve the best result. In certain cases, especially if evidentiary difficulties exist, an experienced [lawyer specializing in drug offenses](https://www.lawreviews.co.il/search/service/drug-offenses) can alter the offense section from "drunk driving" to "driving under the influence," a change that may lead to a reduction in the sentence imposed upon you.

## **Summary**

![Driving Under the Influence of Drugs](
https://lawreviews-assets.s3.eu-central-1.amazonaws.com/articles-images/6a131c4a42e59adc98bdd2e8/driving-under-influence-of-drugs-Infographics.jpeg
"Driving Under the Influence of Drugs")


Traffic law

Arrested on suspicion of driving under the influence of drugs or cannabis? In this article, we will explain what the law says, what the punishment is, how tests are conducted, and what legal options are available to you.

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