Citizens in Israel who were previously busted for
President Isaac Herzog and Justice Minister Gideon Sa’ar
The call issued by Herzog and Sa’ar on Sunday said the move in Israel was driven by a “desire to erase the label of criminality and the associated stain from anyone who has previously committed the offense of personal possession or use of cannabis.”
“It must be emphasized that every request will be considered on its merits, according to its particular circumstances, on an individual basis, considering the above mentioned changes of policy and law,” the announcement said. “In addition, it must be emphasized that the special call in this press release does not preclude the submission of other requests for the erasure of criminal records or requests for pardons by anyone in the framework of the President’s general pardoning authorities.”
The policy change would apply to “anyone who has been convicted of offenses involving possession or use of cannabis for personal consumption and has not previously been convicted of other offenses besides possession of instruments for the preparation and consumption of dangerous drugs for personal use alone,” the announcement said.
It would not, however, apply “to anyone who at the time of the offense was a minor or a soldier as defined in the Military Justice Law.”
The announcement likewise said that in the case of “closed police files (police records) that did not lead to an indictment and sentencing in a criminal case (criminal records), the authority to erase the record belongs to the Israel Police.”
Otherwise, according to
Submitting an Expungement Request in Israel
Requests for pardons “must be submitted by the person convicted of the relevant offense or by power of attorney, or by means of a first-degree family member,” and must “include personal details and contact details; details of the offense and court rulings; a detailed letter presenting the reason for the request, including personal circumstances and rehabilitation and any other documents establishing the reasoning for the request,” according to the announcement on Sunday.
The policy change comes on the heels of “the Dangerous Drugs Law (Special Fine Offense – Temporary Order) [which stipulated] that the offense of cannabis possession or use for personal consumption, when committed for the first or second time (within five years) would be considered liable for a fine,” the announcement said.
The announcement also alluded to an order last month “proposing to establish the offense of cannabis possession and use for personal consumption as an administrative offense, without a criminal record.”