Written by Melanie Schulpen, attorney at Arslan Advocaten, practising criminal law and administrative law. Registered in the specialisation register of the Netherlands Bar Association for criminal law (and juvenile criminal law) and administrative law.
Nederlands: Lees dit artikel in het Nederlands: VOG na sepot, vrijspraak of een openstaande strafzaak
Türkçe: Bu makaleyi Türkçe okuyun: Takipsizlik, beraat veya devam eden bir ceza davası sonrasında VOG
A dismissal (the Public Prosecution Service drops the case), an acquittal and a pending criminal case do not have the same significance for a certificate of conduct (VOG). Under the current VOG policy, final acquittals and technical dismissals are not taken into account as a judicial ground for refusal in the ordinary VOG. Policy-based dismissals and pending cases, however, can be relevant. You should therefore check the exact way the case was disposed of and the screening purpose. For a VOG P, police data may in addition have independent significance.
Anyone who has not been convicted often expects that a VOG will not be a problem. Nevertheless, Justis, the screening authority of the Dutch Ministry of Justice and Security, can assess more types of judicial data than final convictions alone. A careful response therefore starts with the question of what exactly is in the registration and what legal status that information has.
Why the disposal of the criminal case matters
A criminal case can end in different ways. The Public Prosecution Service may decide not to prosecute further, a court may acquit, or the case may still be ongoing. A punishment order, an out-of-court settlement (transactie) or a conviction is also possible. The everyday statement ‘the case is over’ does not say enough about which situation applies in law.
Request the written decision. Pay attention to the public prosecutor’s case number, the date, the description of the offence and the reason for the disposal. Also check whether there are several offences or files. An acquittal on one charge does not automatically say anything about another charge on which a different decision was taken.
The VOG-NP-RP 2025 Policy Rules (Beleidsregels VOG-NP-RP 2025) expressly distinguish between final acquittals, technical dismissals and policy-based dismissals. That distinction is the starting point for a targeted assessment of your VOG letter.
What is a technical dismissal?
In a technical dismissal, circumstances stand in the way of a successful prosecution. Think of a case in which there is insufficient evidence. The precise ground for dismissal is stated in the decision of the Public Prosecution Service. Not every message stating that you will not be prosecuted further is, without closer examination, a technical dismissal.
Under the VOG policy referred to above, technical dismissals are not taken into account in the assessment of the ordinary VOG. If Justis nevertheless appears to rely on an offence that was dismissed on technical grounds, ask which registration and legal basis are being used. Enclose the full dismissal decision and explain why the disposal cited is incorrect.
At the same time, check whether the registration has since been updated. An old entry showing the case as pending can cause confusion if the disposal has not yet been properly processed. A request for correction may then be needed, in addition to a timely response to the intended VOG refusal.
What is a policy-based dismissal?
In a policy-based dismissal, the Public Prosecution Service chooses, for policy reasons, not to prosecute. The decision may, for example, relate to circumstances concerning the person or the case. The precise reason must be apparent from the file; do not rely on an oral summary.
Under the VOG policy, a policy-based dismissal may be taken into account. That does not yet mean that the certificate will automatically be refused. Justis must apply the relevance to the purpose and the other assessment criteria. The disposal and the circumstances may also be important in the balancing of interests.
Explain what the dismissal decision actually means. Prevent a limited or nuanced disposal from being presented as a final conviction. At the same time, it is not enough simply to say that you did not receive a sentence. The objection must be tailored to the way in which this specific information may lawfully be used.
Acquittal: is the judgment final?
Under the policy, a final acquittal is not taken into account as judicial data for refusing the ordinary VOG. Final means that the judgment has become definitive. A recent acquittal against which an appeal is still possible or has been lodged calls for a different assessment.
Therefore, do not just ask for the judgment, but also check the status of the proceedings. Has the Public Prosecution Service lodged an appeal? Does that appeal cover all charges? Your criminal defence lawyer can help establish which decision is final and which points are still open.
If Justis nevertheless appears to describe an offence of which you were acquitted as established criminal conduct, have the reasoning assessed. The VOG procedure must not deal carelessly with the outcome of the criminal case. State precisely which passage you consider to be incorrect and enclose the judgment and information on its status.
A pending case can have an effect
For an ordinary VOG, pending cases may also be relevant within the applicable framework. Justis therefore does not always have to wait for a final conviction. A refusal is, however, not a criminal conviction and must be reasoned on the basis of the VOG rules.
Check what the suspicion involves and whether the data are up to date. A suspicion that was initially broad may later have been narrowed. Information may also be available that puts the factual basis into perspective. Make sure your representative is familiar with the relevant procedural documents and coordinates with your criminal defence.
Be careful with statements in the VOG procedure while the criminal case is still ongoing. An explanation intended to support your application may also touch on the criminal file. Discuss in advance which facts are established, which you dispute and how you can substantiate your interest in the work without unintentionally taking contradictory positions.
The relationship with the position remains decisive
Criminal law data are assessed in the light of the purpose for which you are applying for the VOG. What work will you be doing, what responsibilities will you have and which people or resources will you come into contact with? These questions help determine why Justis sees a risk.
Ask for the actual job description. A job title such as employee, support worker or driver can cover a wide range of tasks. Describe, for example, whether you work independently with vulnerable people, have access to money or handle sensitive information. Do not create an artificially favourable description that does not match the work.
The Justis explanation of the assessment and decision shows that the screening profile, the data and the balancing of interests come together. A response is stronger when it discusses those elements separately.
Police data and the VOG P
For an ordinary VOG, police data are not an independent ground for refusal. Under certain conditions, however, they may have additional significance in the assessment. The VOG P is different: there, police data can lead to refusal on their own. It must therefore be clear from the outset which certificate has been applied for.
For a VOG P, a technical dismissal or the absence of a conviction does not automatically answer all questions about police information. The nature, reliability, currency and significance of the data for the designated position must be examined separately. A person who is registered only as a victim or witness requires different treatment again from a suspect or a person otherwise involved.
Read the official information on the VOG P. Do not have a VOG P letter assessed as if it concerned only the ordinary VOG. The sources and possible grounds for refusal differ fundamentally.
Having incorrect judicial data corrected
A registration may contain a wrong date, an incorrect disposal or a case of mistaken identity. Sometimes a case is still shown as pending although a decision has already been taken. Request appropriate access and gather the document that shows the correct situation. A request for correction must be specific and must clearly identify the disputed registration.
Removing a correct registration because it is unfavourable is something other than correcting a factual error. Retention periods and statutory registration obligations may mean that information remains on record. Whether Justis may use it for a VOG is then assessed under the VOG framework.
Do not let the deadline for a written response (zienswijze) or an objection expire while the correction is in progress. Inform Justis of the request and enclose evidence. If necessary, request, with reasons, an opportunity to supplement your submission, but do not assume you have extra time without confirmation.
Written response to an intended refusal
An intention to refuse gives you the opportunity to respond before a final decision is taken. Justis usually allows two weeks from the date of the letter for this. Check the date and the method of submission in your letter. Gather the most important documents straight away, even if the file is not yet complete.
Begin your response with the status of the criminal case. State which offence was dismissed, which ground applies to that dismissal, or when the acquittal became final. Then explain why, in your view, the reasoning of Justis does not match that status. Only after that should you add information about the work and your personal circumstances.
A clear structure prevents an essential legal point from being lost in a long personal account. The importance of your job is relevant, but it does not replace a review of the criminal law data used.
Objection and appeal after a refusal
Against a final refusal, you can in principle lodge an objection within six weeks. Read which arguments from your written response have been addressed and which have not. If Justis uses new information, that must also be assessed. Do not simply repeat your earlier text without reading the new decision.
If the criminal case changes during the objection, report this with evidence. A new dismissal decision or an acquittal that has become final may be important for the assessment. Its significance depends on the timing, the data and the applicable procedure.
If the refusal is upheld after the objection, an appeal to the administrative court may be possible. Our existing articles on VOG objections and appeals to the district court provide background. Discuss the substantive points of dispute and the costs before taking the next step.
What personal information can help?
A statement from an employer can explain which position you will be given, why you are suitable and what the consequences of a refusal would be. A support worker or counsellor can describe concrete progress. What matters are verifiable facts, not just a general appreciation that you are a pleasant or motivated person.
Mention relevant circumstances since the incident, such as treatment, education or stable employment, insofar as they are genuinely connected with the assessment. Give dates and examples. A demonstrably completed programme says more than a vague intention to seek help.
Do not share unnecessary medical or criminal law details with your employer. Justis receives the information for the screening; the employer does not automatically need to know your full file. Discuss which information is needed for each purpose.
Fictional example: a dismissal misunderstood
An applicant receives notice of an intended VOG refusal in which an old case is still listed as pending. The applicant knows that he is no longer being prosecuted, but does not have the letter from the Public Prosecution Service to hand. He only wants to write that he has never been convicted.
The better approach is first to request the dismissal decision and establish the ground. If it is a technical dismissal, this must be explained clearly and supported by evidence. A policy-based dismissal is followed by a different substantive assessment. In both cases, an up-to-date and correct registration is important.
This example is fictional and does not predict any outcome. It shows why ‘no conviction’ can be too broad a summary for a precise VOG procedure.
Which criminal case documents do you need?
The phrase ‘case closed’ can conceal different legal situations. Therefore, ask for the document that records the disposal. An oral statement that you will not hear anything further is more difficult to assess than a specific decision.
| Document | What do you check? |
|---|---|
| Notice of dismissal | The reason given and, where included, the dismissal code. |
| Judgment | The precise decision and the offences to which it relates. |
| Information on legal remedies | Whether the judgment is final or proceedings are still ongoing. |
| Judicial records | Whether the current status has been correctly entered in the register. |
| Intended decision of Justis | Which registration actually underlies the intended refusal. |
Compare these documents side by side. If the intended decision still refers to a pending case although the case has since been disposed of, pass on the new decision. Explain what consequences you believe it has for the assessment. Merely sending an attachment without stating its relevance may mean that the most important point is not made sufficiently clear.
Also check whether different offences in the same file were disposed of differently. An acquittal on one charge does not automatically mean that every other registered offence disappears. Your response must therefore correspond to the precise registrations that Justis is using.
No new statement about the criminal case without understanding its purpose
In a written response, you will often want to explain what happened. If the criminal case is still ongoing, an extensive personal account may also have consequences outside the VOG procedure. Coordinate your response with your criminal defence for that reason.
You can point out factual inaccuracies and explain the current status of the proceedings without simply treating every accusation as established. At the same time, a VOG response must make it understandable why, in your view, the data used do not justify a refusal. The appropriate level of explanation depends on the file.
Avoid contradictory statements by checking documents and dates carefully. The aim is a consistent, honest response to the data before Justis, while preserving your procedural position. A VOG letter is not a suitable place to discuss a pending criminal case again without careful thought.
If a criminal case is disposed of during the VOG procedure, assess immediately whether additional documents should be submitted. Keep an eye on the running deadline. A favourable development helps most when it reaches the file in time and with the right explanation.
Keeping different case numbers apart
Where there are several criminal cases, confusion can easily arise about which disposal belongs to which offence. Draw up an overview with the case number, offence, date and current status. Use the same overview when you send documents to Justis.
Check whether a notice of dismissal covers all the offences mentioned or only part of them. The same applies to a judgment containing several decisions. A general statement that you were acquitted may be incomplete if another offence was disposed of differently.
If anything is unclear, ask the authority concerned for the missing decision or an explanation. Do not give your own definitive interpretation of a document you do not fully understand.
Finally, link each objection to the registration stated in the intended VOG decision. That way, Justis can see whether you are correcting a factual error, supplementing an outdated status or disputing the significance of correct information.
Frequently asked questions
Will I always receive a VOG after a dismissal?
No. The ground for dismissal is important. Under the VOG policy, technical dismissals and policy-based dismissals are treated differently. Check the full decision and the purpose of the application.
May Justis use a final acquittal?
Under the ordinary VOG policy, offences disposed of by a final acquittal are not taken into account as a judicial ground for refusal. If the reasoning departs from this, have the data used and the type of screening checked.
Can a pending criminal case block my VOG?
That is possible under the applicable assessment framework. A final conviction is not always required. The relevance to the work and the reasoning must, however, be assessed carefully.
Is a punishment order the same as a dismissal?
No. They are different ways of disposing of a case. Read which document you have actually received and which legal remedies apply to it. The consequences for a criminal case and for a VOG must be considered separately.
Do I have to tell my employer everything?
Not every employer needs your full criminal file. Discuss which information is necessary for your employment relationship and which documents should go only to Justis or your lawyer. Do not give incorrect information, but do not share more than necessary without a purpose either.
What if the case is dismissed during the objection?
Report the new decision immediately and enclose the full disposal. The ground for dismissal and its significance for the pending VOG procedure must be assessed. Do not assume that all the authorities involved will process it automatically.
Have the criminal law status and the VOG assessed together
The correct disposal can make an important difference. Submit the VOG letter and the criminal case documents to Arslan Advocaten. Also read the general guide to a VOG refusal. State straight away whether the criminal case is still ongoing and the latest date by which your response must reach Justis.
Read also
VOG look-back period: how far back does Justis look at your criminal record?
VOG P refused on the basis of police data: review, written response and objection
VOG refused for a work placement or course: what can you do?
You will find more in-depth information in our explanation of the difference between the dismissal code, registration and the VOG assessment.
