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: Terugkijktermijn VOG: hoelang kijkt Justis terug op uw strafblad?
Türkçe: Bu makaleyi Türkçe okuyun: VOG geriye dönük inceleme süresi: Justis sabıka kaydınıza ne kadar geriye bakar?
The standard look-back period for a certificate of conduct (VOG) is four years, but there are important exceptions. For young people under 23, two years often applies, for taxi drivers five years, and longer periods apply to certain positions. Sexual and terrorist offences can be taken into account without any time limit. Moreover, the calculation does not always start on the date the offence was committed. You should therefore have the purpose, your age, the way the criminal case was disposed of and the correct reference date assessed together.
Many people look for a single date after which their criminal record will no longer cause problems. VOG screening does not work that simply. A look-back period is not a retention period for your criminal record, nor is it an automatic exclusion for a fixed number of years. The significance of the registered offences for the work remains important.
What does the look-back period mean for a VOG?
Justis, the screening authority of the Dutch Ministry of Justice and Security, uses the look-back period to determine which judicial data are included in the assessment. In doing so, it looks at the purpose for which the certificate is required. A VOG for an administrative job may therefore be assessed differently from a VOG for passenger transport or for work with vulnerable people.
The period is only one part of the test. The relationship between the offence and the position, as well as your personal circumstances, also play a role. An offence within the period therefore does not automatically lead to refusal. Conversely, in exceptional situations, information outside the ordinary period may also remain relevant.
The official Justis explanation of look-back periods sets out the starting point and the special categories. For a specific application, always check the correct screening purpose and the applicable policy rules.
Four years is the starting point, not a universal rule
For many ordinary VOG applications, four years is the starting point. However, anyone who reads this main rule without looking at the exceptions may plan incorrectly. A course of study may, for example, lead to a profession with a different period. Before applying, therefore, ask which profile and which purpose will be used.
Also check whether the employer has described the position correctly. A broad or incorrect description can lead to disputes about the relevant risks. The application is meant to match the actual work; an artificially narrow description intended to avoid screening is not a solution.
Keep the vacancy, the job description and the application details. These documents make clear what the VOG is being requested for. A later discussion about the period is much more concrete when the original purpose has been recorded.
Young people under 23: often two years
For applicants who are not yet 23, a shorter look-back period applies under certain conditions. This leeway supports their prospects of education and work, but there are exceptions for, among other things, certain serious offences and special positions. Do not assume, therefore, that every juvenile case is out of the picture after two years.
Pay attention to the relevant age reference point under the policy. Your age when the offence took place and your age at the time of the application are different pieces of information. Both may be significant, but not necessarily for the same part of the test. List them separately in your timeline for that reason.
For the exception relating to certain serious violent and subversive offences, the statutory maximum penalty plays a role. That is not the same as the sentence you actually received. In this context, the VOG-NP-RP 2025 Policy Rules (Beleidsregels VOG-NP-RP 2025) refer, among other things, to offences for which a custodial sentence of six years or more may be imposed.
Different periods for professions and positions
The taxi sector has a different look-back period from many ordinary jobs. Positions with high integrity requirements may also have a longer period. It is therefore not enough to ask: ‘How long does a criminal record last?’ The right question is which period applies to this application for this work.
Some positions have very long periods, including certain work at judicial institutions and within the judiciary. Distinguish between working at a head office, working in a custodial institution and a specifically designated position. The name of an organisation alone may not be enough to determine the category.
The VOG based on police data, the VOG P, has its own assessment framework. There, police information can also be an independent ground for refusal. A longer judicial look-back period and the way in which police data are taken into account are two separate questions.
Sexual and terrorist offences
For the sexual and terrorist offences referred to in the policy, no ordinary limited look-back period applies. This requires a careful assessment of the registration and the applicable category. It does not mean that every case with a similar everyday description automatically falls under exactly the same rule.
The position also matters. For work involving a relationship of authority or dependency, or at a location with vulnerable persons, a stricter framework may apply. A general explanation about four years is clearly insufficient in such cases.
If Justis gives notice of an intended refusal, have it assessed precisely which offence Justis is relying on, which rules are applied to it and how the relationship with the work is reasoned. Give your representative the complete criminal law decision, not just a brief summary.
From which date is the period calculated?
The date on which the criminal offence was committed is not always the starting point. The policy sets out an order of relevant disposal dates, including a judgment at first instance, a punishment order, an out-of-court settlement (transactie) or a decision to dismiss the case (sepot). In addition, there are exceptions where the date of the offence or another date becomes relevant.
Therefore, draw up an overview of all dates in the criminal case: date of the offence, judgment, punishment order, dismissal and any deprivation of liberty. Also note whether the case is still pending. The year in which you were arrested is not enough to calculate the period accurately.
Under the policy, a long interval between the offence and its disposal may have special consequences. For certain types of offences, there are in turn exceptions to this. An online calculator without these details can give at most a rough indication and should never be a reason to let a procedural deadline expire.
Deprivation of liberty can extend the period
If, within the relevant period, you have served a custodial sentence or undergone a custodial measure, the look-back period may be extended by the actual duration of that sentence or measure. The idea is that the assessment also concerns the time during which someone has functioned while not deprived of their liberty.
Therefore, record the actual start and end dates. The length of the sentence imposed is not always exactly the same as the period actually spent in detention. If anything is unclear, ask which data Justis has used.
Have the calculation checked if several periods or interruptions are involved. It can make a difference which deprivation of liberty falls within the relevant period. A clear calendar with supporting documents prevents different dates from becoming mixed up.
Offences outside the period can sometimes still count
The expiry of the ordinary period does not mean that your judicial records are erased. Where relevant data exist within the period, older relevant offences may play a role in the balancing of interests. In addition, the policy provides for special grounds for refusal in exceptional situations.
If reference is made to an old offence, ask what its precise legal function is. Is it being used as an independent ground, or as background to the assessment of reoffending and integrity? That distinction can be important for your response.
A decision must make it understandable why the old information is still relevant. Simply pointing to the age of the offence is not always sufficient, but a careful assessment of the legal basis used can provide a substantial ground of objection.
A look-back period is not a retention period
Judicial data may be retained for longer than the period covered by an ordinary VOG application. The fact that a registration is still visible therefore does not automatically mean that it will block the VOG. Conversely, the end of a look-back period does not prove that your criminal record is clean.
If you want to know which data are registered, look into the appropriate access procedure. Check in particular whether the disposal, the date and the person are correct. An incorrect registration may call for correction, whereas a correct but old registration raises a different question.
A request to correct data and a response to an intended VOG refusal are separate steps. Do not let the short deadline for your written response (zienswijze) expire while you wait for access or correction. Inform Justis which information you dispute and which documents you have requested.
Should you wait before applying for a VOG?
Waiting can make a difference in some situations, but it is not always sensible. A VOG can also be issued within the look-back period. It depends on the offence, the position, the disposal and your circumstances. Letting a job or work placement go without looking into it may therefore be unnecessary.
First ask which period and risks apply to the specific application. Gather information about the position and your development since the offence. Consider completed treatment, stable employment or a statement from a supervisor or counsellor, insofar as these are genuinely relevant and can be supported by documents.
A new application may be possible later, but it does not replace an objection against a current refusal. If you now dispute the data used or the assessment, discuss the procedural route. Simply waiting may result in an incorrect decision going unchallenged.
Responding to an intended refusal or a refusal
An intention to refuse is not yet the final refusal. Justis usually allows two weeks for a written response. Against a final refusal, you can in principle lodge an objection within six weeks. Check the letter and the current submission instructions.
Focus your response on the specific calculation. For example, mention an incorrect disposal date, a wrong job profile or an exception that has been wrongly applied. Enclose the relevant decision from the criminal case and the job description. Supplement this with circumstances that are significant for the balancing of interests.
Also read our existing explanation of a written response to an intended VOG refusal and objecting to a VOG refusal. An accurate calculation of the period and a substantive balancing of interests complement each other.
Fictional example: do not count from the arrest
An applicant believes that an offence will be four years in the past in a few months’ time and then expects to receive a VOG automatically. However, the criminal case was disposed of later. Moreover, the new position requires special screening. The date of arrest therefore turns out not to be a reliable end date.
In this fictional example, the disposal documents and the screening purpose are gathered first. The applicable period is then calculated and it is examined which personal circumstances are relevant. It is possible that the application already has a chance of success now, but also that a longer period applies than expected.
The example shows why a single year is not enough. A well-founded assessment requires the whole combination of person, position, offences and dates.
Make a timeline before you calculate a period
Calculating a VOG look-back period starts with the right facts and documents. Do not just put the date of the arrest in your diary. Also note how and when the criminal case was disposed of and which position the VOG application relates to.
| Information | Why you need it |
|---|---|
| Date of the criminal offence | May be relevant in certain situations for the applicable starting point. |
| Date and type of disposal | A judgment, punishment order or dismissal may be significant for the calculation. |
| Any deprivation of liberty | May affect the period that is looked back on. |
| Age at the time of application | Needed to assess whether the rules for young people may apply. |
| Position and screening profile | Helps determine whether a different look-back period applies. |
| Other relevant registrations | Prevents a calculation from being based on just one selected incident. |
Use the timeline to check the reasoning given by Justis. Does the letter state the same disposal as your criminal case documents? Has a special period been explained and is the correct age being used? An administrative error should be identified as specifically as possible.
Your own calendar calculation is a tool, not a decision on your application. Even if a period appears at first sight to have expired, special rules or other data may be relevant. Have the calculation linked to the complete file for that reason.
Two positions can lead to different assessments
A VOG is applied for with a specific purpose in mind. As a result, two applications involving the same criminal history may be assessed differently. Both the look-back period and the relationship between an offence and the work may differ.
If you received an earlier VOG, therefore also keep a record of the position for which it was requested. Merely stating that you did receive a VOG last year does not show whether the same screening profile and the same circumstances applied at that time. An earlier issue may be relevant context, but it is no guarantee for every new application.
Ask the employer to describe the actual duties carefully. The aim is not to choose an incorrect profile in order to avoid a registration. The application must, however, match what you are going to do, so that the assessment does not needlessly assume responsibilities that the position does not involve.
A change of position may also be a reason to reconsider when to apply. In doing so, discuss the substantive prospects, the costs and the start date of the work. Waiting only makes sense if it is clear which specific factor will change as a result; postponing by an arbitrary number of months offers no certainty.
Check the application date and your age
Under rules for young people, your age at the relevant moment is important. Check, therefore, which date Justis uses for your application. A birthday during a later objection is not necessarily the same as your age at the time of the original request.
Keep the application confirmation and check your personal details. If a date of birth has been processed incorrectly, report this immediately and enclose the appropriate evidence. A correct age only helps if the conditions and exceptions of the rules for young people are also assessed.
A new application after some time may be assessed on the basis of different facts or rules than a pending objection. Have it examined, therefore, what a new application would actually add. Do not withdraw an objection solely because you think that a calendar date now guarantees that the certificate will be issued automatically.
Keep separate records of the decision and the purpose of each application. That way it remains clear which position, age and criminal law status belonged to the assessment concerned.
Frequently asked questions about the VOG look-back period
Will I automatically receive a VOG after four years?
Not in every situation. There are different periods and special grounds for refusal. Moreover, the correct reference date must be used. Have the period determined for your specific position and registration.
Does two years apply to everyone under 23?
No. The shorter period has exceptions for certain serious offences and positions. The statutory maximum penalty may be relevant, even if you yourself received a lighter sentence.
Does the period start on the day of the criminal offence?
Not always. The policy often uses a disposal date and contains exceptions. Therefore gather both the date of the offence and the date of the judgment, punishment order, out-of-court settlement or dismissal.
Will my criminal record be deleted after the look-back period?
No. Retention periods for judicial data and the VOG look-back period are different rules. A registration can remain in place without preventing every VOG application.
Can I also obtain a VOG within the period?
Yes, that is possible. Justis assesses the relationship between the offence and the purpose and weighs the interests involved. A criminal record is not an automatic refusal for all types of work.
What do I need to provide for a review?
The VOG letter, the screening purpose, the job description, the documents showing how the criminal case was disposed of and the dates of any deprivation of liberty. State your age and the application date. This allows the period to be calculated in a verifiable way.
Have your period and options assessed
Do you believe Justis has used the wrong period, or do you want to know how your past affects the application? Submit your documents to Arslan Advocaten. The general VOG guide helps you understand the procedure. A specific assessment prevents you from waiting unnecessarily or missing an important response deadline.
Read also
VOG after a dismissal, an acquittal or a pending criminal case
VOG refused for a work placement or course: what can you do?
VOG refused as a taxi driver: driver’s card and continuous screening
