blog.cat.criminal5 min read8/13/2026

Case Closed, Record Remains: How to Change the Ground to “Absence of Guilt”

Closing a case does not always mean that the police have completely cleared the suspicion: the ground for closure is decisive. Requesting “absence of guilt,” appealing a refusal, and seeking removal of the record of a closed case are related but distinct procedures.

Numbers and facts

•3 main grounds for closure were identified in Knesset materials
•30–35% of suspects requested a change of the ground—police data presented at a Knesset session
•No. 4703/20—HCJ case concerning a change of the ground
•08:30–13:30—hours for contacting the Appeals Unit on weekdays
•073-3927555—telephone number of the Appeals Unit secretariat

Three Grounds—Three Different Conclusions

Knesset materials identify three main grounds: absence of guilt, insufficient evidence, and absence of public interest. In all three cases, no indictment is filed, but the meaning of the decision differs. “Insufficient evidence” means that the material collected was not enough for criminal prosecution, whereas “absence of guilt” clears the suspicion much more unequivocally. A closed case is not a criminal conviction, but information about it may remain in the police information system, so the wording has practical significance.

First—Apply to the Authority That Closed the Case

The initial reasoned request to change the ground is usually submitted to the authority that made the decision: the relevant police unit or the State Attorney’s Office. The application should state the case number, the original ground, and precisely formulate the request to replace it with “absence of guilt.” Rather than repeating the testimony in full, it is more useful to show which materials objectively refute the suspicion, which contradictions were not taken into account, and whether any new documents have emerged. If the investigation materials are unavailable, the government appeals service separately directs applicants to the procedure for requesting copies of them.

Why Merely Saying “I Am Innocent” Is Not Enough

HCJ Case No. 3182/20 shows how thoroughly evidence submitted by an applicant may be examined. The suspect attached screenshots of correspondence that, in his view, confirmed a false complaint; the case was then referred for further investigation. The parties’ phones were unavailable, and an examination of communications data did not confirm that ordinary text messages had been sent on the stated date; the applicant then claimed that the correspondence had taken place through a messaging app. This example shows the weakness of a screenshot without the original device, corroborating data, and a consistent explanation of the file’s origin.

A Refusal Can Be Appealed, but Endless Applications Do Not Help

The State Attorney’s Office provides suspects with a service for filing an appeal against a refusal to change the ground for closing a case. The application is reviewed by the Appeals Unit of the State Attorney’s Office; its telephone number, email address, and fax number are published on the official page. The chronology of HCJ Case No. 3182/20 shows that repeated applications to new officials do not turn them into an additional appellate instance. Therefore, the appeal should challenge the specific reasons for the refusal and rely on the case materials, rather than only on the reputational consequences of the record.

When the Dispute Reaches the Supreme Court

The HCJ does not conduct the criminal proceedings anew and does not substitute its discretion for that of the police or the State Attorney’s Office. In HCJ Case No. 4703/20, the Supreme Court, sitting as the High Court of Justice, emphasized the narrow scope for intervention in decisions by law enforcement authorities, particularly regarding the ground for closing a case. In that case, the State Attorney’s Office initially closed the investigation due to insufficient evidence, and in January 2020 the person involved asked for the ground to be changed to absence of criminal guilt—and the request was granted. The Court also considered the applicant’s position: the State Attorney’s Office informed her that the law does not give a victim the right to appeal specifically against a change in the ground for closure.

Changing the Ground and Removing the Record Are Not the Same Thing

If the practical objective is to remove information about a closed case from the police registry, it should be checked whether a separate procedure for canceling the registration is required. The Russian-language “Kol Zchut” guide states that an application to cancel the registration of closed cases is submitted to the Criminal Information Department of the National Police Headquarters. Therefore, before applying, it is important to determine the objective: to correct the legal ground for closure, cancel the police registration, or do both in sequence. Combining these requests often results in a response that does not address the substance of the expected outcome.

FAQ

How can I find out on what ground the case was closed?

If the ground is not stated in the notice, it should be requested from the authority that closed the case. Knesset materials also noted that a suspect may request this information after the case is closed.

Where should a request to change the ground for closure be submitted?

First—to the police unit or the State Attorney’s Office that made the closure decision. After a refusal, the suspect may use the government service for filing an appeal against a refusal to change the ground.

Which documents help secure the wording “absence of guilt”?

The most useful materials are those that objectively refute the suspicion: complete correspondence with verifiable provenance, documents, recordings, communications data, and information about contradictions in testimony. A screenshot without the original device and corroborating data may lead not to a change of the ground, but to additional examination.

Will the police record be removed after the ground is changed?

Changing the ground and canceling the registration should not automatically be regarded as a single procedure. If the information continues to appear in the registry of closed cases, there is a separate application to the Criminal Information Department of the National Police Headquarters.

Can the complainant appeal a change of the ground in favor of the suspect?

In HCJ Case No. 4703/20, the State Attorney’s Office stated that the victim has no statutory right to appeal specifically against a change in the ground for closure. This differs from the right to appeal the initial decision not to open an investigation or not to file an indictment.

What to do next

First, obtain the precise ground for closure and determine which authority established it. Then gather the decision, the case number, the available investigation materials, and objective supporting evidence, while separately determining whether a change of the ground, cancellation of the registry record, or both procedures are required. In the event of a refusal, the official appeal procedure and the current requirements of the government service should be checked.