Certificate of Conduct” />criminal records: errors in your criminal record? Here’s how to correct them
Do you need a Certificate of Conduct (Verklaring Omtrent het Gedrag, or VOG), but have discovered unexpected or incorrect information in your judicial records? Errors or outdated entries in your criminal record can seriously hinder your chances of obtaining a VOG, which is often essential for employment, volunteering, or residency purposes in the Netherlands. Understanding the process to correct these mistakes and successfully complete your VOG application is crucial to avoid unnecessary delays or refusals.
The Certificate of Conduct is an official document issued by the Ministry of Justice and Security, verifying that your past behaviour does not pose a risk to the position or activity for which you are applying. However, if your criminal record contains inaccuracies, unjustified convictions, or incomplete data, this may lead to a refusal of the VOG application, affecting your career or legal status. This article explains the steps you can take to identify and correct errors in your criminal record, and the importance of legal assistance in this complex procedure.
When do you need a lawyer?
You may submit a statement of views and objection yourself, but a specialised lawyer significantly increases your chances. Lawyers understand Justis’ assessment criteria, know which arguments are most effective, and can assist you during the hearing. The rules governing the VOG and criminal records can be intricate, and a lawyer experienced in administrative and criminal law can help you prepare a strong objection or appeal that addresses the specific reasons for refusal.
In the appeal phase (court and Council of State), legal representation is practically indispensable. The procedure is more complex and legal arguments must be of a high standard. Appeals involve formal court procedures, submission of evidence, and sometimes oral hearings. A skilled lawyer can help navigate these complexities, ensure procedural deadlines are met, and advocate effectively on your behalf.
At Arslan Advocaten, we always assess whether you qualify for subsidised legal aid (toevoeging). Many of our clients only pay a small personal contribution. This can make legal assistance affordable even if you have a limited income. Our team guides you through the entire process, from initial assessment of your criminal record to representation in court if needed.
Common Types of Criminal Record Errors and How They Occur
Errors in criminal records can take several forms. Some common issues include outdated convictions that should have been removed after a rehabilitation period, administrative errors such as incorrect personal details, or entries related to investigations that did not result in convictions. Occasionally, convictions from other jurisdictions or sealed records may be improperly included.
These errors can occur due to clerical mistakes, delays in updating databases, or misinterpretations of the law by authorities. For example, a conviction may remain listed beyond the legally prescribed retention period, impacting your VOG application unfairly. Understanding the nature of these errors is the first step in correcting them.
If you notice discrepancies in your criminal record, it is important to act quickly. Contacting the relevant authorities to request a copy of your judicial records can help you identify any incorrect information. From there, you can initiate a formal objection procedure to have the record corrected or expunged where appropriate.
The Objection and Appeal Process Explained
If your VOG application is refused due to information on your criminal record, you have the right to submit a formal objection (bezwaar). This process involves presenting your statement of views (zienswijze) to Justis, the screening authority responsible for issuing VOGs. Your objection should clearly explain why the information in your record is inaccurate or why the refusal is unjustified based on the criteria outlined in the VOG guidelines.
Justis will reconsider your application in light of your objections. If they uphold the refusal, you can escalate the matter by filing an appeal with the administrative court (rechtbank). This judicial review examines whether the refusal decision complies with the law and was made fairly. If necessary, the case can be further appealed to the Council of State (Raad van State), the highest administrative court in the Netherlands.
This multi-tiered procedure can be time-consuming and legally complex, making professional legal assistance invaluable. A lawyer can help gather supporting documents, draft persuasive legal arguments, and represent you at hearings.
How to Prevent Issues with Your Certificate of Conduct
While some errors in criminal records are beyond your control, there are proactive steps you can take to minimise issues when applying for a VOG. First, request a copy of your judicial record early in the application process to verify its accuracy. This allows you to identify and address potential problems before submitting your VOG application.
Second, be transparent and honest in your application about any past legal issues. Providing context or evidence of rehabilitation can positively influence the assessment. Third, seek legal advice if you have any doubts about your eligibility or the impact of your criminal record on your application.
Employers and institutions requesting a VOG often understand that minor or old offences do not necessarily disqualify a candidate. However, withholding information or failing to address inaccuracies can lead to delays or refusals. Proper preparation and, when necessary, legal support will improve your chances of a smooth application process.
Why choose Arslan Advocaten?
Arslan & Arslan Advocaten has extensive experience with VOG matters and specialises in criminal and administrative law. We assist clients nationwide from our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg. Our team is well-versed in the nuances of Dutch criminal records and administrative procedures related to VOG applications.
A VOG refusal need not be the end. With proper legal support, you can still obtain a VOG. We guide you through every stage—from reviewing your criminal record and submitting objections to representing you in court appeals if necessary. Our personalised approach ensures that your case receives the attention it deserves.
Contact us today for a free and without-obligation legal consultation. We will assess your situation, explain your options, and help you take the best possible next step.
Frequently asked questions
Will my employer be informed if my VOG is refused?
No, Justis does not notify your employer. You can apply without the risk of your employer learning about your past. The confidentiality of the VOG application process is protected by law to ensure your privacy.
How long does the VOG objection procedure take?
On average 2 to 3 months. An appeal procedure at court can take 6 to 12 months. Timelines can vary depending on the complexity of the case and the court’s schedule.
Am I eligible for subsidised legal aid?
Yes, if your income and assets fall below certain limits. At the lowest incomes, you pay only €188 personal contribution. We assess this for you. Subsidised legal aid can make expert legal assistance accessible even if you have limited financial means.
Related articles
- Criminal Law & Fraud – Arslan Advocaten
- VOG Refused: Complete Guide
- Notice of Intended VOG Refusal
- Objection to VOG Refusal
- Court Appeal Against VOG Refusal
- Contact Us for Free Advice
