Can an employer ask for your criminal record?
Being asked to bring a «certificate of no criminal record» is still common at interviews in Israel. In the overwhelming majority of cases the request is unlawful — and the candidate’s agreement changes nothing.
Who has access to the register
The criminal register is closed. Access is limited to the bodies listed in the law: law enforcement, courts, certain state authorities and licensing bodies. A private employer is not among them.
Why «consent» does not fix it
The law forbids not only demanding an extract but also obtaining one indirectly — by asking the candidate to bring it «voluntarily». Consent given under the pressure of getting a job does not make a prohibited request lawful, and using information obtained that way is a separate breach.
The narrow exceptions
There is a limited list of positions for which the law does permit a check — mainly in certain public bodies and in work involving minors or people who cannot protect themselves. Even there the check is carried out through the authorised channel, not by asking the candidate to produce a printout.
What to do if you are asked
- Ask for the request in writing, including the legal basis relied on.
- Do not hand over an extract «voluntarily».
- Keep the correspondence — it is the central evidence if a claim follows.
- Remember that refusing to hire someone because they declined to produce an extract can itself be grounds for a claim.
What may lawfully be checked
An employer may check references, education, professional licences and experience — everything that bears on the ability to do the job. The line is crossed where information is gathered from closed registers or personal data is collected beyond what the role requires.
If a record does exist
Where there is a record, it is worth checking the periods after which it becomes limited and is deleted; these run from the date of the judgment or the completion of the sentence, not from the date of the offence. In certain cases an application to shorten the period is possible. That is a separate procedure and is better started in advance rather than in the middle of a job search.
Data protection
Collecting excessive information about a candidate is also governed by privacy legislation. The employer must be able to say what data it collects, why, and how long it keeps it. A criminal record extract does not fit that logic — which is precisely why the law closed access to it.
How long a record stays
A criminal record does not last for ever. The law sets a limitation period, after which the record is disclosed only to a very narrow list of bodies, and then a deletion period, after which it is treated as never having existed for most purposes. Both are counted from the judgment or from the completion of the sentence, and they differ by the gravity of the offence.
Volunteering and licensed professions
Separate rules apply to work with minors and to certain regulated professions, where a check is carried out through the authorised channel. If you are entering such a field, it is better to establish in advance what will be visible and to what body, rather than to discover it after an offer has been made.
This article is general information and does not replace legal advice.
