Applying for VOG with Criminal Record

Applying for a Certificate of Conduct (VOG) with a Criminal Record: Opportunities, Risks and Tips

Applying for a Certificate of Conduct” />criminal record: opportunities, risks and tips

Are you looking to apply for a Certificate of Conduct (VOG) but concerned that a criminal record might affect your chances? Many people encounter unexpected obstacles when applying for a VOG while having a history with the justice system. In this article, you will learn about the opportunities and risks involved, as well as receive practical tips to help your application proceed as smoothly as possible.

When do you need a lawyer?

You can submit a statement of views and objection yourself, but a specialised lawyer significantly increases your chances. The lawyer knows Justis’s assessment criteria, understands which arguments are most effective, and can assist you at the hearing.

In the appeal phase (court and Council of State), legal assistance is virtually indispensable. The procedure is more complex and the legal arguments must be of a high standard.

At Arslan Advocaten, we always assess whether you qualify for subsidised legal aid (legal aid grant). Many of our clients pay only a small personal contribution.

Understanding the VOG and Its Importance

The Certificate of Conduct (VOG) is an official document issued by the Dutch Ministry of Justice and Security, confirming that your past behavior does not pose a risk for the position or activity you intend to undertake. It is a vital requirement for many jobs, volunteer positions, and educational programs in the Netherlands. Employers, educational institutions, and sometimes government agencies request a VOG to ensure safety and trustworthiness.

For individuals with a criminal record, obtaining a VOG can be more challenging but not impossible. The key is understanding how Justis, the screening organisation responsible for issuing the VOG, evaluates your criminal history in relation to the position you apply for. Justis assesses whether the offenses on your record are relevant to the job’s responsibilities and whether they pose a risk if you are granted the certificate.

It is important to note that not all criminal convictions automatically lead to a refusal. Minor offenses, older convictions, or offenses unrelated to the job often do not affect your application. Each case is reviewed carefully and individually.

Factors Affecting VOG Issuance with a Criminal Record

Several factors influence whether a VOG will be granted when you have a criminal record:

Type of offense: Offenses directly related to the job duties, such as fraud for financial positions or violence for caregiving roles, weigh more heavily against issuance.
Time elapsed since the offense: Older convictions may carry less weight, particularly if you have demonstrated good conduct since.
Frequency and pattern: A series of offenses or repeated behavior is more likely to lead to refusal.
Rehabilitation efforts: Participation in rehabilitation programs or evidence of changed behavior can positively influence the decision.
Legal restrictions: Some positions are legally barred to individuals with certain convictions, regardless of other factors.

Understanding these criteria can help you assess your chances and prepare a strong application or appeal.

How to Prepare Your VOG Application with a Criminal Record

Preparation is key to increasing your chances of obtaining a VOG when you have a criminal record. Here are some practical steps you can take:

Gather documentation: Collect all relevant documents, including court rulings, rehabilitation certificates, and references that demonstrate your current character and behavior.
Understand the job requirements: Clarify why the VOG is needed and what risks the employer or institution aims to mitigate. This helps in tailoring your arguments.
Write a clear statement of views: Explain your criminal history honestly, show remorse if applicable, outline steps taken to rehabilitate, and emphasize why you are suitable for the position despite your past.
Consult a specialised lawyer: Legal experts can help you draft your statement, advise on the likelihood of success, and represent you if objections or appeals are necessary.
Be patient: The process can take several months, especially if objections or appeals are involved. Plan accordingly and communicate openly with your prospective employer or institution.

By taking these steps, you demonstrate responsibility and transparency, which can greatly influence Justis’s decision.

Why choose Arslan Advocaten?

Arslan Advocaten has experience with VOG cases and employs specialised criminal and administrative law lawyers. We assist clients throughout the country from our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven and Tilburg.

A VOG refusal does not have to be the end. With the right legal assistance, you can still obtain a VOG. Contact us today without obligation for a free consultation.