Receiving Information on an Employee’s Criminal Record. | Barnea Jaffa Lande & Co.

The Criminal Information and Rehabilitation of Offenders Law recently came into effect. From now on, employers may no longer ask employees or prospective employees to provide information about their criminal records. This includes through an affidavit, declaration, or written questionnaire.

Does the prohibition on demanding information on an employee’s criminal record apply when the employee or prospective employee consents to submitting such information?

Yes. The prohibition on demanding such information from employees or prospective employees applies even if the employees or prospective employees have agreed to submit their criminal records.

What if I discover information about a criminal record accidentally?

Even if the employer discovers information about an employee’s or prospective employee’s criminal record indirectly, the employer may not consider this information when making a decision about the employee or prospective employee.

Does the Criminal Information and Rehabilitation of Offenders Law modify case law?

Absolutely. The prohibition on demanding that an employee or prospective employee furnish an affidavit, declaration, or written questionnaire regarding his or her criminal record effectively revokes the Supreme Court’s ruling in Rafael Dayan v. Mifal HaPayis. Under that ruling, it was possible, to an extent, to demand that certain candidates provide a declaration on their criminal records. The legal prohibition applies across the board, except for specific public-sector employers, such as the investigation and intelligence authorities, entities and officers involved in the criminal process (the Attorney General, the Military Advocate General, the courts, probation and parole officers, and so on), and more.

What are the sanctions for noncompliance with the provisions of the Criminal Information and Rehabilitation of Offenders Law?

Considering information on prospective employees’ or employees’ criminal history, or demanding information about their criminal history, to make a decision about them is a criminal offense punishable by incarceration.

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