Rehabilitation in Saudi Arabia: Waiting Periods and How to Apply

Khalid finished serving a sentence in an old case years ago. He applied for a job at a large company and was asked to prove he has no criminal record, and his file stopped there. The direct answer: rehabilitation (rad al-i'tibar) is the legal route to remove the effect of a valid conviction after the sentence has been served. The person then becomes eligible again for many jobs and licences that require that he "has not been convicted, unless he has been rehabilitated". It happens in one of two ways: by force of law, 10 years after the sentence ends for serious crimes and 4 years for others, or by decision of the Rehabilitation Committee after a shorter period of 5 or 2 years, on a request filed with the Emirate of your region. It is not the route for someone who believes the conviction itself was wrong, or for someone with a record that is not his. Each of these situations has a different route.

Why does rehabilitation matter in practice?

Many Saudi laws make rehabilitation the deciding factor between acceptance and rejection. Examples that could be checked against their texts:

• Traffic Law (Article 36): an applicant for any driving licence must not have been convicted of using, making, smuggling, dealing in or possessing drugs. For a public driving licence and a public works vehicle licence, he must not have been convicted of a crime against a person, honour or property, "unless he has been rehabilitated".
• The Law of Practising Healthcare Professions (Article 2), the Law of Practising Engineering Professions (Article 6), the Certified Public Accountants Law and the Municipal Councils Law: a condition that the person has not been convicted of a crime involving dishonour or breach of trust, unless rehabilitated.
• Commercial Register Law of 1446H (Article 20): the court notifies the registrar of rehabilitation judgments for traders within thirty days of their issue.

On the other hand, some laws do not accept rehabilitation. The Notarization Law, for example, requires that a person appointed as a notary public or licensed as a notary has not been convicted of a crime against religion or honour "even if he has been rehabilitated" (Articles 4 and 14). So read the exact condition of the body you are applying to before relying on rehabilitation.

Rehabilitation, correcting the record, or challenging the judgment?

Choosing the route before you start saves months. A person who obtained a final judgment of non-conviction and still finds a record referring to his case does not need to wait for rehabilitation periods. He needs to present the judgment and ask for the data to be corrected. A person acquitted on review is entitled to material and moral compensation if he asks for it (Article 207).

What should you prepare for a rehabilitation request in Saudi Arabia?

• A copy of the judgment, its number and date, and proof that it became final.
• An official document proving the sentence was completed and the date, for each part of it: prison, fine and any additional penalty.
• Proof that the private right (the victim's claim) was paid, or a written waiver by its owner.
• Proof of good conduct and a source of income after the judgment: a work certificate, a commercial registration, or qualifications and courses.
• A statement of any other judgments issued against you, if any, each with its date.

A person was sentenced to one year in prison and a fine. He left prison but did not pay the fine until two years later.

His file has two different completion dates for parts of the sentence. If he gives only the date he left prison, the file may look incomplete or contradictory.

If he still owed a private right, it is better to settle it or document the waiver before applying, rather than submit a file that is put aside for a missing document.

How long does rehabilitation take in Saudi Arabia?

The rules come from Council of Ministers Decision No. 1251 of 12/11/1392H on registering criminal records and rehabilitation, as amended by Decisions No. 97 of 1404H and No. 59 of 1416H, and the Minister of Interior decisions based on it. The period depends on the route and on how serious the crime is:

The period runs from the actual end of the sentence, or from a pardon, not from the date it was originally due to end (Article 6 of Minister of Interior Decision No. 3130 of 1408H). If a fine was paid late, the start date may move later too.

On the committee route the starting point is five years after the sentence. The committee may reduce it to two years if circumstances justify it, but not for certain crimes, including: state security crimes, intentional killing where retaliation (qisas) was dropped and prison was imposed, semi-intentional killing, drug smuggling or manufacture, drug dealing or possession with a prison sentence over three years, forgery, counterfeiting currency, all bribery crimes, and any crime with a prison sentence over three years. If a special law sets its own period for a crime, that period applies.

Where do you apply, and who decides?

You apply to the administrative governor, meaning the Emirate (governorate office) of the region where you live. Some Emirates offer it as an online service called "Request to Erase a Record - Rehabilitation". After you apply, the file goes through these steps:

1. Your fingerprints are taken and your record is checked with the Criminal Evidence department. If the period is not complete, the request is put aside and you are told you can apply once it is.
2. The police inquire about your conduct and source of income.
3. You are referred to the court to prove your good conduct and integration into society.
4. The Emirate writes a memo with its opinion on your request.
5. The file is sent to the Rehabilitation Committee at the Ministry of Interior. Its members come from the Ministry of Justice, the Board of Grievances, the Ministry of Interior and Criminal Evidence. It either grants rehabilitation or puts the request aside with reasons.

If your request is put aside, you may apply again once the reason is removed. Rehabilitation by force of law after ten or four years does not need a committee decision, but check that your records actually reflect it rather than assuming they do.

Is every criminal judgment entered as a record?

No. Only a final judgment for a crime that harms honour and reputation is entered, meaning a crime against religion, honour, the mind, a person, property or state security. The penalty must also be one of the following (Article 3 of Minister of Interior Decision No. 3130, as amended in 1427H):

• A hadd (fixed Sharia penalty) other than the penalty for drinking alcohol, or that penalty for the fourth time.
• Prison for at least two years.
• Two of these together: at least 80 lashes, at least one year in prison, or a fine of at least SAR 5,000.

Judgments against a person under 18 at the time of the crime are not entered, nor are crimes that do not affect reputation, such as accidental killing or injury in a traffic accident. Any judgment entered contrary to these conditions is struck off immediately by force of law (Article 5). If your judgment does not meet these conditions, you need a correction of the record, not rehabilitation.

What should you do after the decision?

Keep a copy of the decision, and check that it is reflected in the transaction that was blocked. You may need to update your data with a specific body. If your request is put aside, find out the exact reason and fix it before applying again. Do not treat rehabilitation as a substitute for reading the conditions of the job or licence itself, because some require that you have never been convicted, as explained above. Rehabilitation removes the criminal effects of the judgment, so the record no longer appears on your criminal record certificate. It is still kept in a special register, and if the person offends again, the earlier record is shown to the judge (Shura Council Decision 16/16 of 1423H interpreting Decision 1251).

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for the applicant and the holder of a private right

If you are the applicant:

• Identify your problem first: a valid conviction already served, a wrong record, or a judgment you want to challenge.
• Count the period from the actual date the last part of the sentence ended, and check whether your crime is one of those where the period cannot be reduced.
• Ask for an official document showing the completion date of each part of the sentence.
• Pay the private right or document its owner's waiver in writing, and attach the proof.
• Collect evidence of your work and good conduct after the judgment.
• If the record is a mistake or belongs to another identity, ask for it to be corrected directly with supporting documents.
• Apply to the Emirate of the region where you live, and keep the transaction number.

If you hold a private right in the case:

• Keep proof of the right awarded to you by the judgment and of what you have received.
• If you settle or waive, state the scope of the waiver, the amount and the method of payment clearly in writing.
• Do not sign a final clearance before you are actually paid. Rehabilitation does not settle your financial right by itself.
• Remember that rehabilitation does not cancel a right confirmed for you by a judgment.

Putting the dates in order and choosing the right route make the difference in this kind of request. Send us the date and type of the judgment and the date the sentence was completed on WhatsApp, and we will help you identify the right route and what is missing from your file.