When assessing your VOG application, Justis reviews your judicial documentation: convictions by the court, penal orders from the Public Prosecution Service, settlements, and other police and judicial data. Not only convictions are considered — pending cases and dismissals (under certain conditions) may also be relevant.
A VOG is rejected if Justis determines that your criminal history poses a risk for the position for which you are applying. This is assessed based on two criteria:
The objective criterion: is there a connection between the criminal offences on your judicial record and the screening profile of the role?
The subjective criterion: does your personal interest in the issuance of the VOG outweigh the risk to society? This is based on the nature of the offence, the age of the offence, recidivism, and the circumstances.
A VOG rejection can have serious consequences: you may be unable to start your new job, internship, or training. However, a rejection is not the end — there are legal avenues to still obtain a VOG.
Step 1: Intent to reject — submitting your views (14 days!)
Before Justis makes a final decision to refuse your VOG, you will first receive a ‘notice of intent to reject’. This letter explains why Justis intends to refuse the VOG.
You only have 14 days from the date of this letter to submit your views. This is a very short period. The views you submit represent your first and best chance to convince Justis to still issue the VOG.
In your views, you provide a reasoned explanation as to why the VOG should indeed be granted. You can highlight:
The passage of time since the offence (the longer ago, the stronger your position)
Your personal circumstances: work, family, education, treatment
The absence of recidivism: you have not had any further contact with the justice system since
The nature of the position: the criminal offence is unrelated to the risks of the role
Disproportionality: the refusal has disproportionately large consequences for you
A well-substantiated submission prepared by a specialised lawyer often makes the difference between issuance and refusal.
Step 2: Final rejection — lodging an objection (6 weeks)
If Justis decides to refuse the VOG despite your submission, you will receive a final rejection. You can lodge an objection within 6 weeks from the date of this decision.
The objection is handled by the Central Body for Certificate of Conduct (Centraal Orgaan Verklaring Omtrent het Gedrag, COVOG), a different department than the one that made the original decision. In most cases, you will be invited for a hearing.
The hearing is an important moment: you can explain your situation orally and convince COVOG of your arguments. A lawyer can assist you during the hearing and represent you.
It is essential that you include new or additional arguments in the objection that were not already set out in your initial submission. Consider: statements from your employer, probation reports, evidence of treatment or therapy, witness statements.
Step 3: Appeal to the administrative court and higher appeal to the Council of State
If COVOG declares your objection unfounded, you can appeal to the administrative court (district court) within 6 weeks. The judge reviews whether Justis acted carefully and whether the balance between the objective and subjective criteria was properly made.
You can further appeal the court’s decision to the Administrative Jurisdiction Division of the Council of State. This is the highest court for VOG cases.
In practice, many VOG rejections are reversed on objection or appeal. Justis has relatively broad discretionary powers, and it is precisely in this discretion that room exists for a successful objection. A specialised lawyer knows exactly how to best utilise this discretion.
Costs and subsidised legal aid
The costs of a VOG procedure depend on the route taken. Submitting views or lodging an objection requires relatively little time and money. An appeal procedure at the court is more extensive.
You may qualify for subsidised legal aid (toevoeging) through the Legal Aid Board. In that case, you only pay a personal contribution depending on your income. At Arslan Advocaten, we always assess whether you qualify.
It is important to know that your employer is not informed about the rejection of your VOG by Justis. You can therefore apply without your employer automatically becoming aware of your criminal record.
Why engage Arslan Advocaten for VOG issues?
The lawyers of Arslan & Arslan have experience with VOG procedures and are familiar with the laws and regulations, the screening criteria of Justis, and the screening profiles. We know which arguments are most effective in submissions, objections, and appeals.
We assist clients nationwide from our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg. Contact us today for a free and non-binding consultation.
Frequently Asked Questions
How quickly must I act after receiving a notice of intent to reject?
You only have 14 days to submit your views. Therefore, contact a lawyer immediately once you receive the notice of intent.
Will my employer be informed if my VOG is rejected?
No, Justis does not inform your employer about the rejection. You can thus apply without any risk of your employer learning about your criminal history.
Can I apply for a VOG again later?
Yes, you can submit a new application at any time. If time has passed since the offence, this may increase your chances.
Will a VOG lawyer cost me money?
Possibly not. You may be eligible for subsidised legal aid (pro bono). We will assess this for you.
How long does a VOG objection procedure take?
The objection procedure usually takes 2 to 3 months on average. An appeal procedure at the court can take 6 to 12 months.
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