Closing a Criminal Case – How It Happens and What It Means
A criminal case that did not mature into an indictment is closed on one of three grounds, and the difference between them is enormous: lack of guilt, the determination that the suspect did not commit what was attributed to him; the police record is deleted entirely.
Three grounds, three worlds
A criminal case that did not mature into an indictment is closed on one of three grounds, and the difference between them is enormous: lack of guilt, the determination that the suspect did not commit what was attributed to him; the police record is deleted entirely. Lack of evidence, insufficient evidence was found for prosecution; the police record remains. Lack of public interest (or "the circumstances of the matter do not justify prosecution"), the record remains here as well. The police record, although it is not a "criminal record" of a conviction, is accessible to security bodies, authorities, and authorized entities, and affects enlistment, security clearance, firearms licenses, public positions, and immigration proceedings.
Change of ground for closure
A person whose case was closed for lack of evidence or because the circumstances of the matter are not suitable for prosecution may consider filing a reasoned request to change the ground to absence of guilt. The request must be based on the investigative material and the appropriate legal grounds. A rejection does not create a sweeping rule of a single opportunity: it is possible to consider an objection according to the deciding authority, the guidelines, and the circumstances.
How do you act to close an open case?
An open investigation case does not have to wait for the system's decision: it is possible to act proactively with the investigations officer and the prosecution, present exculpatory evidence, point to weaknesses in the case and to personal circumstances, and request closure or a conditional arrangement. Many cases are closed precisely this way, through a professional approach at the right time, instead of dragging on for years and maturing into an indictment.
Legal representation
Israel Arama, a former member of the Tel Aviv District Attorney's Office, handles case closures, changes of closure grounds, and deletion of records, drawing on familiarity with the prosecution's internal considerations. Seek an initial consultation without obligation.
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