Israeli Law Allows Criminal Record Expungement Under Specific Conditions
Israeli law permits the expungement of criminal records under specific circumstances, even after a sentence has been served, according to lawyer Abeer Baker. The possibility of expungement depends on the nature of the crime, the sentence, and the individual case's circumstances. This comes after President Isaac Herzog granted a request from Elor Azaria, who was convicted of manslaughter for shooting dead a Palestinian assailant in Hebron in 2016, to shorten the period required for his criminal record to be expunged. The President's office stated the decision was based on the case's overall circumstances, the passage of time, and Azaria's expressed remorse.
Baker explained that there is a distinction between the statute of limitations for a sentence and the expungement of a criminal record. The law allows for the statute of limitations period to expire first, followed by another period before the record is considered expunged. The duration varies based on the sentence and the type of crime. The Ministry of Justice indicated that a prison sentence of up to five years generally corresponds to a statute of limitations period equal to the prison term plus seven years. Baker also noted that expungement does not mean all information disappears, as certain entities retain the right to access specific data legally.
Baker highlighted the case of Jamil Safouri, convicted in the killing of Israeli soldier Eden Natan Zada in Shfaram. Safouri, sentenced in 2013 to 24 months imprisonment, represents a case where questions arise about the limits of expunging records for security-related or violent crimes. Safouri's earlier requests for early release were denied, but a court later accepted his petition. Baker stated that the passage of years does not automatically lead to Safouri's record being expunged due to potential additional restrictions based on the nature of his conviction.
The legal path for shortening limitation periods or expungement involves submitting a request to the President, which is then reviewed by relevant authorities before a recommendation is made. Applicants typically provide details about their case, the impact of the conviction on their lives, and rehabilitation efforts. Baker emphasized that Azaria's case is legally distinct and does not automatically set a precedent for other convicts, as each request is evaluated individually. The President's office confirmed its authority to review such requests, with decisions made after judicial proceedings conclude. Baker also pointed out that the President's office has previously announced decisions to shorten or expunge records as part of various policies, including special tracks for soldiers undergoing rehabilitation, indicating an existing legal mechanism for handling post-conviction records.
