A dismissal (sepot: the Public Prosecution Service drops the case) means that the Public Prosecution Service (Openbaar Ministerie, OM) decides not to prosecute you, or not to prosecute you any further, for a particular offence. You will therefore not be convicted of that offence. Even so, the case may remain in your judicial records. The reason for the dismissal, the dismissal code and any conditions therefore deserve particular attention.
Nederlands: Lees dit artikel in het Nederlands: Sepot ontvangen: wat betekent dit voor uw strafblad en VOG?
Türkçe: Bu makaleyi Türkçe okuyun: Takipsizlik kararı mı aldınız? Sabıka kaydınız ve VOG açısından anlamı
Have you received a dismissal letter? Keep the complete letter, check which offences the decision covers and have it assessed whether the stated reason fits the case file. This is particularly important if you need a certificate of conduct (VOG), have suffered loss as a result of pre-trial detention or want to know whether the case can still be reopened.
What exactly is a dismissal
The OM decides which criminal cases are prosecuted. If prosecution is considered impossible, unfeasible or undesirable, a dismissal may follow. The relevant powers are set out in, among others, Articles 167 and 242 of the Dutch Code of Criminal Procedure (Sv). The reason for the decision must be recorded.
A dismissal is not the same as an acquittal. With an acquittal, a court has ruled that the offence charged has not been lawfully and convincingly proven. With a dismissal, the OM takes the decision not to prosecute, or not to prosecute any further. In both situations the criminal case may end, but the legal background and the recorded reasoning differ.
Nor is a dismissal a punishment order (strafbeschikking). With a punishment order, the OM can impose a penalty without the case first being heard by a court. Anyone who receives a punishment order must therefore weigh up different considerations from someone with a dismissal letter. For that situation, read the information on accepting a punishment order or lodging an objection.
Technical dismissal or policy dismissal
In a technical dismissal, the case cannot or should not lead to a conviction for a legal or evidential reason. Think of insufficient evidence, an act that is not a criminal offence or a situation in which someone was wrongly identified as a suspect. The assessment of such technical reasons comes before the question of whether prosecution is desirable as a matter of policy.
In a policy dismissal, the OM considers prosecution technically possible, but refrains from it for reasons of public interest. The minor seriousness of the offence, special personal circumstances or a conflict that has since been resolved may be relevant, for example. That does not make a policy dismissal a judicial finding of guilt.
The distinction is important for how your case file is interpreted. A letter stating that prosecution is not considered necessary has a different meaning from a letter stating that you were demonstrably the wrong suspect. So do not only look at the closing sentence saying that the case is closed, but also at the reasoning and the registered code.
Which dismissal codes matter
The official codes are set out in the OM’s Instruction on dismissal and the use of dismissal grounds (Aanwijzing sepot en gebruik sepotgronden). The overview below explains some common differences. It is not a complete list and is no reason to demand a different code without knowledge of the case file.
| Code | Core of the reason | Important distinction |
|---|---|---|
| 01 | Wrongly identified as a suspect | Requires facts that point unambiguously to innocence |
| 02 | Insufficient evidence | The evidence falls short, without code 01 thereby being established |
| 03 | Inadmissible | For example, a bar to prosecution such as the expiry of the limitation period |
| 05 | Act not punishable | An essential element of the offence is missing |
| 06 | Offender not punishable | A ground for exemption from criminal liability applies |
| 07 | Unlawfully obtained evidence | Without that evidence, a conviction is unlikely |
| 40 | Minor offence | Policy assessment based on the limited seriousness |
| 70 | Relationship with the injured party settled | The conflict has been sufficiently resolved for this disposal |
If several grounds are registered, their order may also be significant. According to the Instruction, code 01 cannot be combined with any other dismissal ground. Also check whether the decision relates to all suspicions or only to part of a larger case file.
Why code 01 and code 02 are not the same
Insufficient evidence means that the available information is not sufficient for a conviction. It does not automatically follow that the investigation has unambiguously shown your innocence. Code 01 requires more than an absence of evidence against you.
A fictitious example illustrates the difference. If a witness is not sufficiently certain about an identification and further evidence is lacking, insufficient evidence may be the appropriate reason. If it is established that the police registered the wrong person, or that verifiable data rule out the person concerned, a different assessment may be called for.
That is why a request for code 01 does not work merely by stating that you have always denied the allegation. The request must identify which documents unambiguously support your innocence and why the current code does not do justice to that. Your lawyer can assess whether such evidence actually exists and how it should be presented legally.
Does a dismissal appear on your criminal record
In everyday language, a criminal record usually refers to your judicial records (justitiële documentatie). These do not contain only convictions. Information about criminal cases and how they were disposed of may also be registered. A dismissal may therefore remain visible even though no penalty was imposed.
The OM Instruction mentions specific exceptions: with code 01, wrongly identified as a suspect, and code 09, lawful use of force by an investigating officer, the offences concerned are removed from the Judicial Documentation Register (Justitieel Documentatieregister). For other codes, it cannot be assumed as a general rule that the registration lapses.
Also distinguish between judicial records and police data. The fact that an offence is removed from one register does not automatically mean that all information disappears from every other system. The legal bases, retention periods and correction options differ. A request must therefore be directed at the correct register and at the specific information that is incorrect or has been processed unlawfully.
How to check what has been registered
First, keep the original dismissal decision with the public prosecutor’s case number (parketnummer) and date. Check the name, the offence, the date of the offence and the code. If the letter is unclear, you can ask for an explanation. The fact that no penalty was imposed does not mean that you can leave an administrative error in place without consequences.
Once you have access to your judicial data, compare it with the decision you received. An incorrect offence, a missing disposal or a mixed-up personal detail calls for a different approach from a disagreement about the substantive ground for dismissal. In the first case, it may be a matter of correcting the registration; in the second, of reviewing the OM’s decision.
The explanation on correcting errors in judicial records ties in with this. Gather evidence of the error before you submit a request. A concrete overview of what has been registered, what would be correct and which document supports that makes the request considerably easier to handle.
What does a dismissal mean for a VOG
A dismissal does not automatically lead to a VOG being refused. Conversely, a dismissal is no general guarantee that a VOG will be issued without further assessment. The assessment depends on, among other things, the relevant screening profile, the nature of the data and the circumstances that may be taken into account under the applicable policy.
The position for which you are applying for the VOG is important. A financially related suspicion may raise different questions for a position involving the handling of money than for work without financial responsibility. The precise ground for the disposal may also be significant. It is therefore wrong to treat all dismissals as equivalent for every position.
Put the vacancy or job description, the screening profile and the dismissal letter side by side for your lawyer. If you receive a notice of intention to refuse the VOG, a substantive response must be submitted in time. A complaint about a dismissal code does not automatically suspend a VOG procedure. Both processes may require attention at the same time.
What if you disagree with the ground for dismissal
According to the OM Instruction, a former suspect can submit a complaint about the dismissal coding to the chief public prosecutor of the public prosecutor’s office concerned. This is not an appeal against a judgment. It is a complaint about the way in which the OM disposed of and coded the case.
Describe which code was used, why in your view it is not appropriate and which documents support a different assessment. A businesslike complaint is better than a general accusation that the police or the OM are biased. Focus the request on the specific decision and the relevant facts. Enclose only the documents that are necessary and make clear where the evidence can be found in the case file.
If you do not agree with how the chief public prosecutor has handled your complaint, a complaint to the National Ombudsman (Nationale ombudsman) may, under certain conditions, be an option. Here too, it matters which route has already been followed. At the same time, have your lawyer assess whether a separate request to correct registrations is needed; that is not always the same process.
What does a conditional dismissal involve
With a conditional dismissal, the decision on prosecution is deferred for a certain period subject to a condition. The current OM Instruction in principle assumes the general condition that no criminal offences are committed during a probation period of no more than one year. According to that Instruction, special behavioural conditions are in principle no longer imposed through this route.
Always read the specific letter. Check the probation period, the condition as worded and the consequences the OM attaches to non-compliance. Do not confuse this with a suspended sentence imposed by a court or with conditions attached to the suspension of pre-trial detention. Those are different decisions with a different legal basis.
A conditional dismissal may also have consequences for registration. So do not accept the wording merely because you do not have to attend a hearing. If the suspicion is demonstrably incorrect, a technical dismissal rather than a policy-based disposal may be legally relevant. Whether there are sufficient grounds for this follows from the case file.
Can the case be reopened after a dismissal
A dismissal letter provides important clarity, but does not mean in every situation that prosecution is ruled out forever. According to the OM Instruction, the notification states that new facts or circumstances may give rise to a review and that the court of appeal may order a prosecution.
A directly interested party may, under certain conditions, complain about a decision not to prosecute under Article 12 of the Dutch Code of Criminal Procedure. The court of appeal then assesses the complaint. The existence of that possibility does not mean that every complaint will be upheld or that a dismissal may be set aside without reason.
Do you receive another invitation or message about the same offences after a dismissal? Send both the new letter and the old dismissal decision to your lawyer. The wording of the earlier decision, new information and the procedure followed may be relevant to your position. Do not assume on your own that it is an administrative mistake, but do not give another statement unprepared either.
Compensation after a dismissal
A dismissal may be a reason to examine whether a request for reimbursement of certain costs or compensation for certain losses is possible. Think of loss caused by police custody or pre-trial detention, and of legal costs. The statutory conditions differ for each item of loss, and compensation is not automatic.
Articles 530 and 533 of the Dutch Code of Criminal Procedure contain different schemes. A time limit of three months after the end of the case may apply. When the case has legally ended must be established carefully. So do not wait until all other administrative problems have been resolved before having this option assessed.
Gather detention records, invoices, proof of payment and documents showing demonstrable loss of income. A total amount without substantiation is less useful than an overview for each item of loss. Not every unpleasant experience during an investigation falls under the same statutory scheme. Your lawyer can distinguish between a standard request and any other claims.
Dealing separately with seized property and other consequences
After a dismissal, practical matters may remain outstanding. A telephone, car or sum of money may, for example, still be under seizure. Check whether the dismissal letter decides on this and whether the relevant ground for the seizure has lapsed. Closing the criminal case does not always result in the property actually being returned immediately.
A bank may also have its own investigation or registration. A criminal-law dismissal is relevant, but does not automatically decide on every private-law registration. The bank must be able to justify its own measure and follow the applicable rules. The explanation on fraud registrations with banks and insurers discusses that distinction.
So draw up a wrap-up list: criminal case, registration, seized property, VOG, any loss and any contact conditions still in force. For each item, note who has to decide and which documents are missing. This prevents the relief about the dismissal from causing you to miss another time limit or a practical problem.
Reading a dismissal letter systematically
Start with the public prosecutor’s case number and the description of the offence. Sometimes one investigation involves several offences or several suspects. A decision on one offence does not necessarily say anything about other suspicions. Also check whether the letter describes a final decision not to prosecute or a conditional disposal.
Then read the reason and the code together. Does the text match the code? Is it clear why the OM has reached this decision? Keep the envelope or the digital receipt details if they may be relevant to a time limit. Note when you actually received the letter.
Finally, determine which consequences apply to you. If you have no seized property, costs or VOG question, your main need may be clarity about the registration. If you have been detained for a long time or risk losing your job, you should consider several follow-up steps. A targeted inventory prevents both unnecessary proceedings and missing an important opportunity.
Frequently asked questions about dismissal
Is a dismissal the same as being declared innocent?
No. A dismissal means that the OM does not prosecute, or does not prosecute any further. The reason may range from being demonstrably the wrong suspect to insufficient evidence or a policy-based assessment. The specific reasoning and code determine what the decision says.
Will my criminal record disappear after a dismissal?
Not automatically. Judicial records contain more than convictions. Specific removal rules apply to, among others, code 01 and code 09. Other registrations, such as police data, must be assessed separately.
Can I have code 02 changed to code 01?
That can only usefully be requested if the facts support the other code. Insufficient evidence is not the same as unambiguously established innocence. A complaint must refer specifically to information that refutes the current assessment.
Do I have to report the dismissal to my employer?
That depends on your position, any agreements and the precise question being asked. There is no general rule that every employee must report every dismissal. Have any specific duty to disclose assessed and do not give incorrect answers to relevant questions.
Will I always get a VOG after a dismissal?
No, but a refusal does not follow automatically either. The relevant data, the screening profile and the applicable assessment rules are taken into account. Respond in time to a notice of intention to refuse and enclose the complete dismissal decision if it is relevant.
Do I still need to do anything after a dismissal?
In any event, check the offences, the code and any conditions. Then examine whether seized property, registrations or a compensation request require attention. Short time limits apply to some requests, even when the criminal case feels as if it is already behind you.
Having your dismissal letter assessed
Arslan Advocaten can assess what the ground for dismissal means for your position under criminal law and which follow-up steps are needed. When you contact us, send the complete decision and mention any VOG or other time limits. See our criminal law services or contact us.
Sources
Editorial team and responsible attorney
Editorial team: Arslan Advocaten. Responsible attorney for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own case.
