Is there a conviction on your criminal record” />Certificate of Conduct (Verklaring Omtrent het Gedrag, VOG)? Many people encounter this issue when applying for jobs or volunteer positions. In this article, you will find a clear explanation of when a criminal record plays a role in the assessment of your VOG application.
Understanding the VOG and Its Purpose
The VOG, or Certificate of Conduct, is an official document issued by the Dutch Ministry of Justice and Security. It confirms that the applicant’s past behaviour does not form a reasonable objection to the performance of a specific job or volunteer position. The VOG is often a mandatory requirement for positions involving vulnerable groups, such as children or the elderly, or jobs that require handling of sensitive information or finances.
It is important to understand that the VOG is not a general “clean bill” but an assessment tailored to the specific position. This means that a conviction on your record does not automatically disqualify you from obtaining a VOG. Instead, Justis—the screening authority—evaluates whether your past conduct is relevant and sufficiently serious in relation to the job or volunteer role you seek.
How Does Justis Decide on Your VOG Application?
Justis applies strict criteria when assessing VOG applications. The decision is based on the nature of the offence, the time elapsed since the conviction, and the risk posed to the specific position. For instance, a drug-related conviction may be more relevant for a role working with youth than for a job in an unrelated sector.
Other factors that influence the decision include:
- The severity of the offence: Serious crimes such as violent offences, sexual offences, or fraud are scrutinised more closely.
- The time since the offence: Older convictions may carry less weight if the applicant has demonstrated good conduct since then.
- Rehabilitation and measures taken: Completion of sentences, participation in rehabilitation programmes, and evidence of reform can positively influence the assessment.
- The specific demands of the position: Jobs that require high integrity, trust, or contact with vulnerable people lead to stricter evaluations.
If Justis finds that the conviction creates an unacceptable risk, the VOG application will be refused.
What Happens If Your VOG Application Is Refused?
A refusal can be distressing, especially if the VOG is a prerequisite for employment or volunteering. However, a refusal does not mean the end of the road. You have the right to submit a statement of views (zienswijze) and file an objection (bezwaar) to challenge the decision.
The objection process involves presenting arguments to demonstrate why your conviction should not prevent issuance of the VOG. This may include highlighting mitigating circumstances, evidence of rehabilitation, or errors in the initial assessment.
If the objection is rejected, the next step is to appeal to the court (beroep bij de rechtbank) and, if necessary, to the Council of State (Raad van State), which is the highest administrative court in the Netherlands.
Each stage of the procedure requires careful preparation and thorough legal knowledge, which is why professional legal assistance is highly recommended.
When Do You Need a Lawyer?
You can submit a statement of views and objection yourself, but a specialised lawyer significantly increases your chances. The lawyer knows Justis’s assessment criteria, which arguments are most effective, and can support you at the hearing.
Legal assistance is almost indispensable in the appeal phase (court and Council of State). The procedure is more complex and the legal reasoning must be high-level.
At Arslan Advocaten, we always assess whether you qualify for subsidised legal aid (toevoeging). Many of our clients pay only a small personal contribution.
Why Choose Arslan Advocaten?
Arslan & Arslan Advocaten has experience with VOG cases and specialised criminal and administrative law lawyers. We assist clients nationwide 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 help, you can still obtain a VOG. Contact us today for a free consultation without obligation.
Frequently Asked Questions
Is my employer informed if my VOG is refused?
No, Justis does not inform your employer. You can therefore apply without risk of your employer learning of your past.
How long does a VOG objection procedure take?
On average 2 to 3 months. An appeal procedure at court can take 6 to 12 months.
Can I qualify for subsidised legal aid?
Yes, if your income and assets fall below certain limits. The lowest income earners pay only €188 personal contribution. We assess this for you.
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