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When do you need a lawyer?
You can submit a view and objection yourself, but a specialized lawyer significantly increases your chances. The lawyer knows the assessment criteria of Justis, knows which arguments are most effective, and can assist you at the hearing.
In the appeal phase (court and Council of State), legal assistance is almost indispensable. The procedure is more complex, and the legal argumentation must be of a high standard.
At Arslan Advocaten, we always assess whether you are eligible for subsidized legal aid (toevoeging). Many of our clients only pay a small personal contribution.
Understanding the Grounds for VOG Rejection
To effectively object to a VOG rejection, it is essential to understand why your application was denied. The screening body, Justis, assesses your background based on criteria stipulated in the Dutch Public Records Act and related legislation. Common reasons for rejection include recent or serious criminal convictions, ongoing investigations, or other circumstances that indicate a risk to the public interest.
However, not all rejections are final or justified. Sometimes, factors such as the time elapsed since an offense, rehabilitation efforts, or inaccuracies in the file can be grounds for overturning the decision. A lawyer experienced in VOG cases can help you identify these aspects and build a strong argument to challenge the rejection.
The Objection Procedure Explained
The objection procedure starts with submitting a written objection (bezwaar) to the Public Prosecution Service (Openbaar Ministerie) within six weeks after receiving the rejection. This objection should clearly state why you believe the rejection is unjustified and include any supporting documents or explanations.
After you file your objection, the Public Prosecution Service will review your case and may invite you for a hearing to discuss the matter in person. This hearing is an opportunity to clarify your situation and provide additional evidence or explanations. It is highly recommended to have legal representation during this phase to ensure your statements are effectively presented.
If the objection is rejected, you still have the option to appeal the decision to the court within six weeks. This appeal phase is more formal and requires detailed legal arguments. Should the court also reject your appeal, a final appeal to the Council of State (Raad van State) is possible, though only on specific legal grounds.
What Evidence Can Strengthen Your Objection?
Gathering the right evidence is critical when filing an objection against a VOG rejection. Depending on the reason for denial, relevant evidence may include:
- Documentation of rehabilitation programs or courses completed
- Character references from employers, colleagues, or community leaders
- Proof of employment or volunteer work since the offense
- Official statements clarifying or disproving any alleged offenses
- Medical or psychological reports if relevant
Providing a comprehensive and well-documented objection helps demonstrate to Justis or the court that the risk originally perceived has been mitigated or does not apply.
At Arslan Advocaten, we assist clients in gathering and presenting such evidence effectively to maximize the chances of success.
Why Arslan Advocaten?
Arslan Advocaten has experience with VOG cases and has specialized criminal and administrative law attorneys. We assist clients nationwide from our offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg.
A VOG rejection does not have to be the end. With the right legal help, 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 make an application without the risk of your employer finding out 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 subsidized legal aid?
Yes, if your income and assets fall below the limits. For the lowest incomes, you only pay a €188 personal contribution. We assess this for you.
Related articles
- Criminal Law & Fraud – Arslan Advocaten
- VOG Rejected: Complete Guide
- Intention to Reject VOG
- Court Appeal VOG
- VOG and Criminal Record
- Contact us for free advice
