Rehabilitation Under UAE Law
Individuals with prior criminal convictions often face significant obstacles in their professional lives, despite having fully served their sentences or received pardons. These challenges stem from the continued presence of criminal judgments on their records, which can lead to lost opportunities and social stigma. To address this, the UAE legislature introduced the Rehabilitation Law, which enables eligible individuals to clear their criminal records. This article outlines the key aspects of rehabilitation under UAE law.
Conditions for Rehabilitation
Rehabilitation is applicable if the conviction involves a felony or a misdemeanor affecting honor or integrity, and the sentence has been fully served, pardoned, or nullified by the passage of time. Additionally:
– For felonies: Two years must have passed since the completion or pardon of the sentence.
– For misdemeanors: One year must have passed.
Types of Rehabilitation
According to Federal Law No. 5 of 2022 on Rehabilitation, there are two main types:
1. Legal Rehabilitation
As per Article 4:
– The Public Prosecution issues a decision for legal rehabilitation in cases involving non-serious misdemeanors, provided the sentence has been executed or pardoned.
– If the individual is considered a repeat offender or the sentence lapsed with time, their legal status is restored after six months from sentence execution, pardon, or expiration.
2. Judicial Rehabilitation
As per Article 5:
– Judicial rehabilitation is granted by a competent court for certain crimes, following these minimum waiting periods from the date of sentence completion or pardon:
a. Six months for non-serious felonies
b. One year for misdemeanors or felonies related to honor or public concern
c. Two years for felonies related to state security
d. Double these periods for repeat offenders or if the sentence lapsed over time
– The competent court is designated by the Minister of Justice or the head of the local judiciary.
– Crimes related to honor or integrity are defined by a special committee established by the Council of Ministers.
Calculation of the Rehabilitation Period
As per Article 6:
1. If a custodial measure was imposed, the period begins upon the individual’s release—provided the conditions of the measure are met.
2. In cases of conditional release, the period starts from the release date unless another offense is committed, in which case the release must become final.
3. For state security-related felonies or serious offenses, the period begins from the end of the measure or the finalization of conditional release, whichever is later.
Procedural Requirements for a Rehabilitation Request
An application must include:
1. The criminal case details
2. The judgment issued
3. The issuing authority
4. Proof of sentence execution
5. Date of sentence completion
6. Documentation showing settlement or waiver of private rights, if applicable
General Conditions for Granting Rehabilitation
1. Full payment of financial obligations to the state or individuals, unless proven to be financially incapable or if the obligation has expired.
2. If multiple convictions exist, rehabilitation is granted only after satisfying the conditions for each, with the waiting period calculated from the most recent judgment.
3. The applicant must reside in the UAE at the time of applying.
4. If the sentence involves joint liability, the applicant must settle their share of the financial obligation, as determined by the court if necessary.
Legal Assistance
While the law outlines the procedures and conditions, navigating rehabilitation applications requires legal expertise. Ahkam Transaction and Legal Consultancy offers access to seasoned legal professionals proficient in UAE law, providing tailored advice and support throughout the rehabilitation process.
For legal inquiries or to initiate a consultation, contact our expert team today.
Legal Consultant
Ismail Al-Masry Ahkam Center for Legal Consultations