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When Do You Need a Lawyer?
You can submit a viewpoint and objection yourself, but a specialised lawyer significantly increases your chances. The lawyer knows the assessment criteria of Justis, understands which arguments are most effective, and can represent you at the hearing.
Legal assistance during the appeal phase (court and Council of State) is almost indispensable. The procedure is more complex, and legal argumentation must be of a high standard. Without professional guidance, you risk missing important procedural deadlines or failing to present your case effectively.
At Arslan Advocaten, we always assess whether you qualify for subsidised legal aid (toevoeging). Many of our clients only pay a small personal contribution, making expert legal support accessible.
Understanding the Grounds for VOG Rejection
To appeal successfully, it is important to understand why your VOG application was rejected. Justis bases its decisions on whether your past behavior poses a risk to the public or the organization requiring the VOG. Common grounds for rejection include recent or serious criminal convictions, ongoing criminal investigations, or offenses related to the specific function you seek.
Not all criminal records lead to automatic rejection. Justis evaluates the relevance of offenses, the time elapsed since the offense, and your current circumstances. For example, minor offenses committed long ago may not be sufficient grounds for refusal. A lawyer can help clarify these nuances and identify the strongest legal arguments to challenge the rejection.
Understanding the exact reasons provided in the rejection letter is crucial. This letter will outline the legal basis for denial, which forms the foundation of your objection or appeal.
The Objection Procedure: Your First Step
Before appealing to the court, you must file an objection (bezwaar) with the authority that made the decision—usually the municipality or the organisation that requested the VOG. This procedure allows you to submit additional information or explanations that may influence the decision.
The objection must be submitted within six weeks of receiving the rejection. During this phase, you can provide evidence such as certificates of rehabilitation, character references, or proof of changed circumstances. Your objection should also include legal arguments explaining why the rejection was incorrect or disproportionate.
While you can handle this process on your own, having a specialised lawyer draft your objection can significantly improve your chances. A lawyer’s expertise ensures your submissions are clear, legally sound, and persuasive.
If your objection is denied, which is often the case when the grounds are serious, you have the right to appeal to the administrative court.
Appealing at the Court: What to Expect
If the objection is rejected, the next step is to appeal to the administrative court (rechtbank). This is a formal legal procedure where the court will review whether the decision by Justis and the municipality was lawful and reasonable.
The appeal must be submitted within six weeks after the objection decision. The court examines the case based on the documents, any additional evidence you submit, and legal arguments presented by both parties.
You may be invited to a hearing where you or your lawyer can present your case in person. This hearing is an opportunity to clarify facts, respond to questions, and stress the importance of receiving the VOG for your employment or volunteer work.
The court can either confirm the rejection, overturn it, or send the case back to the municipality for reconsideration. The entire appeal process can take from six to twelve months, depending on the complexity and the court’s schedule.
Throughout this process, legal representation is highly recommended to navigate procedural rules and present the strongest possible case.
Subsidised Legal Aid: Making Legal Support Affordable
Legal costs can be a concern, especially if you are facing a lengthy appeal. Fortunately, the Dutch legal system provides for subsidised legal aid (toevoeging) for those who meet income and asset criteria.
At Arslan Advocaten, we help you determine your eligibility for legal aid, which can cover a significant portion of legal fees. For low-income applicants, the personal contribution can be as low as €188. This scheme ensures that financial constraints do not prevent you from securing expert legal assistance.
Applying for legal aid is a straightforward process, and we handle the necessary paperwork for you. Our goal is to make sure every client has access to justice without undue financial burden.
Why Choose Arslan Advocaten?
Arslan & Arslan Advocaten has experience with VOG matters and has specialised criminal law (strafrecht) and administrative law (bestuursrecht) lawyers. We assist clients nationwide from our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg.
A VOG rejection does not have to be the end. With the right legal assistance, you can still obtain a VOG. Contact us today for a free consultation without obligation.
Frequently Asked Questions
Will my employer be informed if my VOG is rejected?
No, Justis does not inform your employer. Therefore, you can apply without the risk that your employer learns about your past.
How long does a VOG objection procedure take?
On average 2 to 3 months. An appeal procedure at the court can take 6 to 12 months.
Can I qualify for subsidised legal aid?
Yes, if your income and assets fall below the limits. For the lowest incomes, you pay only a €188 personal contribution. We assess this for you.
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