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Closure of a criminal case and grounds for closure
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, a 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 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.
Changing the Grounds for Case Closure
Anyone whose case was closed for lack of evidence or because the circumstances of the matter were not suitable for prosecution may consider submitting a reasoned request to change the ground to absence of guilt. The request should be based on the investigation material and the appropriate legal reasons. A rejection does not create a sweeping rule of a single opportunity: it is possible to consider a challenge 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, formerly of the Tel Aviv District Attorney's Office, handles case closures, changes to grounds for closure, and deletion of records, based on familiarity with the prosecution's internal considerations. Contact us for an initial consultation without obligation.
Expunging a Criminal Record
How does the criminal registry work?
The Criminal Information and Rehabilitation of Offenders Law regulates the criminal registry and the police registry. Alongside convictions, certain decisions without conviction may also be recorded. The limitation and deletion periods are determined according to the type of record and the data listed by law, and they reduce the bodies authorized to receive the information and its use. Legal deletion is not necessarily the physical destruction of all information, and not all records are subject to the same periods.
Why is this so important?
A criminal record may affect acceptance for a position, a license, an immigration proceeding, or another decision, but it does not create automatic disqualification in every field. The effect depends on the type of record, the dates, the connection to the position, and the provisions applicable to the deciding body. Even information about closed cases is accessible only to bodies authorized by law. For that reason, it is worth checking what information may be disclosed and what options exist to correct the record or reduce its consequences.
The paths to shortening and deletion
A clemency request to the President of the State: the President is authorized to shorten limitation and deletion periods and even to erase convictions, through a reasoned request supported by evidence of rehabilitation, employment, and personal circumstances. Cancellation of a police record: an application to the police to delete closed cases, according to the ground for closure, the severity of the offense, and the time that has passed. Changing the ground for closure to absence of guilt: deletes the record entirely. Each path has its own rules, timing, and manner of drafting, and a request that was rejected makes a later one more difficult.
Legal representation
Israel Arama, former Tel Aviv District Attorney's Office prosecutor, accompanies deletion requests, clemency requests, and cancellation of records, including collection of the evidentiary foundation that establishes the request. It is important to prepare a well-founded request; rejection does not always preclude another application. In a clemency request, according to the guidelines of the President's Residence, it is possible to apply again after six months or following a significant change in circumstances. Seek initial advice with no obligation.
Three grounds, three worlds — what is important to know?
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, a 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 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.
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.
How does the criminal registry work?
The Criminal Information and Rehabilitation of Offenders Law regulates the criminal registry and the police registry. Alongside convictions, certain decisions without conviction may also be recorded. The limitation and deletion periods are determined according to the type of record and the data listed by law, and they reduce the bodies authorized to receive the information and its use. Legal deletion is not necessarily the physical destruction of all information, and not all records are subject to the same periods.
The routes for shortening and deletion — what is important to know?
A clemency request to the President of the State: the President is authorized to shorten limitation and deletion periods and even to erase convictions, through a reasoned request supported by evidence of rehabilitation, employment, and personal circumstances. Cancellation of a police record: an application to the police to delete closed cases, according to the ground for closure, the severity of the offense, and the time that has passed. Changing the ground for closure to absence of guilt: deletes the record entirely. Each path has its own rules, timing, and manner of drafting, and a request that was rejected makes a later one more difficult.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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