Labor Law

Can an Israeli employer ask a job applicant for a criminal record extract?

Generally no. The Criminal Information and Rehabilitation of Offenders Law 5779-2019, in force since January 2022, makes it an offense to ask a person to produce information from the criminal register or to declare what it holds, and an employer who asks anyway cannot rely on the answer. Access is confined to bodies the statute lists, mainly roles involving minors, security duties, firearms, and certain public appointments, and even then the data goes to the employer directly rather than through the candidate. Consent from the applicant does not make the request lawful.

The 2019 statute replaced a 1981 law and tightened matters considerably. It works by controlling who may receive register information at all, naming the entitled recipients and routing requests through the police register rather than through the individual. An employer outside those categories has no lawful way to obtain the data, so asking the candidate is both useless and exposed to sanction. Rehabilitation periods run alongside this: once the prescribed years have passed an entry is deleted or restricted, and a person may lawfully answer that they have no record. The Employment (Equal Opportunities) Law 5748-1988 supplies a second layer of protection where a rejection based on background also touches a protected characteristic, as our guide on workplace discrimination in Israel explains.

Foreign nationals interviewing for Israeli roles sometimes offer a police clearance certificate from home, which sits outside the register law but still creates problems. An employer that collects one is holding sensitive personal data governed by the Protection of Privacy Law 5741-1981 and needs a lawful basis, a defined purpose, and a retention limit. Immigration is worth separating out, because the Population and Immigration Authority does require police certificates for visa and Aliyah applications, and that is a state process rather than an employment one. A candidate asked for a record during an interview can decline and point to the statute without prejudicing the application.

⚖ In Practice
  • Governing law: Criminal Information and Rehabilitation of Offenders Law 5779-2019, in force from January 2022, replacing the Crime Register and Rehabilitation of Offenders Law 5741-1981
  • Competent authority: the criminal information register held by the Israel Police; employment consequences are heard in the Regional Labor Court (Beit Din Ezori LaAvoda)
  • The prohibition: requesting register information from a person, or requiring a declaration about it, is a criminal offense, and the applicant’s consent is not a defense
  • Permitted recipients: employers in listed sectors, including work with minors, security roles, firearms licensing, and specified public appointments, who receive the data straight from the register
  • Credit checks: restricted separately under the Credit Data Law 5776-2016, which does not list recruitment among the permitted purposes for pulling credit data
  • Discrimination claims: a candidate rejected on grounds that also engage the Employment (Equal Opportunities) Law 5748-1988 has 3 years to bring a claim in the Regional Labor Court

From the full guide: Employee Monitoring and Workplace Privacy in Israel: What Employers Can and Cannot Do


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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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