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You have received a notice of intent to reject your Certificate of Conduct (VOG) and are wondering how to respond? You have 14 days to submit a written statement and explain your side of the story. We explain how to approach this carefully to increase your chances of success.
When do you need a lawyer?
You may submit a statement of views and objection yourself, but a specialised lawyer substantially increases your chances. The lawyer is familiar with Justis’s assessment criteria, knows which arguments are most effective, and can assist you during the hearing.
In the appeal phase (court and Council of State) legal assistance is virtually indispensable. The procedure is more complex, and the legal argumentation must be at a high level.
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 Grounds for VOG Rejection
The Certificate of Conduct (Verklaring Omtrent het Gedrag – VOG) is issued by the Ministry of Justice and Security, and it serves as proof that your past behavior does not form an obstacle to performing a specific job or activity. However, a VOG can be rejected if Justis, the screening authority, finds that your criminal record or other relevant information indicates a risk.
Common grounds for rejection include recent or serious criminal convictions, patterns of offenses, or behaviors that are directly linked to the position you are applying for. For example, if you seek a job involving vulnerable groups, such as children or elderly care, any related offense may weigh heavily in the decision.
It is important to understand that Justis applies strict criteria based on the nature of the offense, how long ago it occurred, and the relevance to the requested function. This assessment is often complex and requires detailed knowledge of Dutch administrative law.
How to Prepare Your Statement of Views
Once you receive the intention to reject your VOG, you have 14 days to respond with a statement of views (“zienswijze”). This is your opportunity to provide explanations, additional information, or mitigating circumstances that Justis may not have considered.
In your statement, you should address the specific reasons for the intended rejection. For example, if the rejection is based on a past conviction, explain how your circumstances have changed since then. Evidence of rehabilitation, such as certificates from courses or letters of recommendation, can strengthen your case.
It is essential to be honest and thorough. Avoid emotional language and focus on relevant facts. A lawyer can help you draft a clear, legally sound response that highlights the strongest points in your favor while addressing the concerns raised by Justis.
After the statement of views: objection with Justis, then appeal to the court
If Justis maintains the rejection after your statement of views, the next step is not the court, but an objection (“bezwaar”) with Justis itself. The order is: first the statement of views with Justis, then an objection with Justis after the final refusal, and only after a negative decision on that objection an appeal to the court. You must file the objection within six weeks of the date of the final decision; Justis explains how to submit an objection, digitally or in writing, and usually invites you to a hearing.
Only if Justis rejects your objection can you appeal to the District Court (Rechtbank), again within six weeks. This formal procedure involves submitting a written appeal and potentially attending a hearing. The court will review whether the decision was made lawfully and fairly.
The appeal process can be lengthy, taking anywhere from six to twelve months. During this time, legal representation is crucial because the court requires detailed legal arguments and evidence. Your lawyer will prepare submissions, gather relevant documentation, and represent you at hearings.
In some cases, if the court upholds the rejection, you may still have a further option to appeal to the Council of State (Raad van State), which is the highest administrative court in the Netherlands. This step is even more complex and requires expert legal knowledge.
Why Arslan Advocaten?
Arslan & Arslan Advocaten has experience with VOG matters and has specialised criminal law 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.
Frequently Asked Questions
Will my employer be informed if my VOG is rejected?
No, Justis does not inform your employer. You can therefore apply without the risk that your employer will learn 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 thresholds. For the lowest incomes, you only pay €188 personal contribution. We assess this for you.
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