Written by Melanie Schulpen, attorney at Arslan Advocaten, practising criminal law and administrative law. Registered in the register of practice areas of the Netherlands Bar for criminal law (including juvenile criminal law) and administrative law.
Nederlands: Lees dit artikel in het Nederlands: VOG geweigerd voor stage of opleiding: wat kunt u doen?
Türkçe: Bu makaleyi Türkçe okuyun: Staj veya eğitim için VOG reddedildi: ne yapabilirsiniz?
Have you been refused a certificate of conduct (VOG) for your work placement? Check whether you have received an intention to refuse or a final refusal. In the case of an intention to refuse, you can usually submit your views within two weeks; against a final refusal, the period for lodging an objection is in principle six weeks. Immediately gather the placement description, the letter from Justis (the Dutch screening authority) and evidence of the consequences for your studies. A criminal record does not automatically rule out every work placement.
A VOG problem can affect your study plans, your income and your future. Perhaps you cannot obtain your diploma without the placement, or a work-based learning position is at risk of falling through. That is precisely why it is important to act quickly and accurately. The procedure with Justis and the arrangements with your school or placement provider each require attention.
First understand what the VOG is needed for
A VOG is applied for with a specific purpose in mind. For a work placement, this may relate to working with children, patients, money, goods or confidential information. The question is not only which course you are following, but what you will actually be doing at the placement.
Ask your placement provider for the job or task description and the application details. Check whether the screening profile chosen matches the work. An administrative mistake can lead to risks being examined that do not correspond with the intended placement. Have any correction made through the proper channel.
A course may also impose its own requirements. Ask exactly which document is needed, at what point and on what basis. An admission requirement for the course and a statutory or contractual requirement for a specific placement are not necessarily the same question.
A criminal record does not automatically mean a refusal
Justis assesses whether registered offences are relevant to the purpose of the application. An offence may pose a greater risk for one placement than for another. The seriousness, the way the case was disposed of, the time that has passed and personal circumstances are also taken into account under the applicable framework.
So do not refrain from applying for the VOG from the outset out of fear of a negative outcome. Without an actual application, you do not know how your situation will be assessed. The information from Justis for young people stresses that young people with judicial records may also have options.
An online chances test is at most a first indication. It does not replace a formal assessment and may miss exceptions. Base important study decisions on the specific facts, the position and, where necessary, legal advice.
Which look-back period applies to students?
For young people under 23, a shorter look-back period often applies, but there are exceptions. Certain serious offences and specific positions can lead to a longer or unlimited look-back period. Nor is the date from which the period is calculated always the date the offence was committed.
Compare your age, the date of your application and the way your criminal case was disposed of. If in doubt, ask for an explanation of the period Justis applies. A light sentence does not automatically mean that an exception for a particular offence does not apply.
Do not confuse the look-back period with the retention period of your criminal record. An offence may still be registered without blocking every VOG application. Conversely, a birthday or a certain number of years having passed is no universal guarantee that the certificate will be issued.
An intention to refuse is not yet a final decision
In an intention to refuse, Justis explains why it is considering refusing the VOG. You are given the opportunity to respond by submitting your views. Read which offences, period and risks are mentioned. Mark any inaccuracies and note which documents are needed to correct them.
The response period is short. Request information from your school, placement provider and, where necessary, your criminal defence lawyer immediately. If an important document is not available in time, get in touch about supplementing your response later. Do not assume you have extra time without confirmation.
According to the submission information from Justis, views can be submitted digitally or in writing. Use the designated channel and keep the acknowledgement of receipt. An email sent only to your placement supervisor does not count as a response to Justis.
What belongs in your views on a placement VOG?
Start with the information you believe is incorrect. Think of an incorrectly stated disposal, a wrong date or an inaccurate task description. Enclose evidence. Then explain why, in your specific situation, the offences mentioned should in your view not lead to a refusal.
Describe the substance of the placement: tasks, responsibilities, supervision, duration and its place within your course. A general statement that you are ‘always under supervision’ is not enough if in reality you work independently. Ask the placement provider for an honest, specific description.
Next, make the importance for your studies clear. When must the placement start, which parts of the course will you miss if it is postponed, and is there a realistic alternative? Support the consequences with a statement from your school or the examination board. A demonstrable delay in your studies is more concrete than a statement that the refusal will ruin your future.
A good statement from your school or placement provider
A statement can confirm that the placement is necessary for the diploma and which start or completion date applies. Also have it explain whether another placement is available and how much delay a postponement would cause. The author should describe facts that he or she can actually confirm.
The placement provider can explain the work, the supervision and the intended position. A recommendation that you are motivated can help as background, but should tie in with concrete experiences. For example, attendance, sense of responsibility and keeping to agreements during previous work.
Have the statement dated and include the author’s position. Avoid identical standard letters from several people. An independent description in the author’s own words is more credible and gives more information about how you have actually developed.
Substantiating your development since the offence
Justis may take personal circumstances into account in its assessment. Think of completed support, treatment, stable school attendance or a demonstrably changed living situation. Their relevance depends on the offences on which the refusal is based. Not every positive detail needs to go into the file.
Make the change concrete. Since when have you been following the programme, what have you completed and who can confirm this? An intention to seek help carries a different weight from a completed and evaluated programme. Also describe any relapse or uncertainties honestly where they are relevant.
A probation or support report can be useful if it actually says something about risks and development. Do not ask for a guaranteed statement that reoffending is impossible. A reasoned assessment with an explanation is more useful than absolute certainty.
The privacy of your criminal records
Justis informs you of the outcome. The placement provider does not automatically receive your full criminal record. Even so, an organisation will often notice if you cannot produce the required VOG on time. So consider carefully what practical information is needed to arrange a postponement or a solution.
You do not need to send your entire criminal file to your school or employer without good reason. Confirmation that a procedure is ongoing may sometimes be enough for a scheduling question. Do give your lawyer the relevant documents, so that the legal assessment is not based on an incomplete summary.
If a school asks for more information, ask what it is needed for and who will have access to it. Keep the conversation businesslike. Privacy and honest communication about not yet having the required VOG can both be respected.
May you start without a VOG?
That depends on the sector, the work and the applicable rules. In certain fields, a VOG is required by law before any work may be carried out. A placement provider’s willingness to let you start anyway does not remove such a statutory requirement.
So ask explicitly which activities, if any, are permitted and which are not. An introductory meeting or administrative preparation is not the same as full deployment in a regulated position. Have any arrangements confirmed in writing.
A procedure with Justis does not automatically give you permission to work without a VOG. Nor does an objection automatically undo a refusal. In an urgent situation, it must be examined whether an interim legal measure is possible, but the requirements for this are strict.
Consulting your school while the procedure is ongoing
Contact the placement coordinator, study adviser or examination board in good time. Ask what options there are to postpone the placement, take other course components or look for a suitable alternative placement. This can limit the damage without you having to give up your position on the VOG.
Ask for clear written decisions if a request is refused. Objection or appeal options under education law may have their own time limits. A discussion with your school is not automatically part of the VOG procedure with Justis.
Keep a record of the consequences: missed placement weeks, postponed exams, additional study costs and messages about losing the placement. This information can support the need for a quick solution. It does not automatically entitle you to reimbursement of all costs.
Objecting to a final refusal
After a final refusal, you can in principle lodge an objection within six weeks. Read why Justis did or did not accept your earlier arguments. Perhaps an important document is missing, but it may also be a difference in legal assessment. The new decision determines what the objection needs to respond to.
Make an overview of the main points: the correct criminal law status, the connection with the work, the look-back period and your personal interests. Add new relevant documents. New arguments are not the only possible ground; an incorrect assessment of information already submitted can also be challenged.
The explanation of VOG objections describes the route. Where necessary, have it assessed whether urgent measures are appropriate. A start date that expires tomorrow calls for a different practical approach from a placement that only begins in six months.
Another placement or reapplying later
A refusal for one position does not automatically mean that every other placement is impossible. A different role may involve different risks. That does not justify an inaccurate description, but it does justify looking for a genuinely suitable alternative placement.
A new application at a later stage can also make sense if time has passed or circumstances have changed. Discuss which change is significant. Simply resubmitting the same application without any relevant change will not by itself lead to a different decision.
Do not let a new application unintentionally push aside the current objection procedure. If you believe the existing refusal is wrong, it may be important to challenge it in time. The choice depends on your study plans and the substantive points in the case.
Fictional example: a placement required for the diploma
A student receives an intention to refuse for a placement in healthcare. The school confirms that the placement is needed for the diploma and that the next opportunity will only be available much later. The placement provider describes the specific work and supervision. The student can also provide evidence of a completed support programme.
The views submitted can link these documents to the reasons given in the intention to refuse. At the same time, it must be checked whether the criminal records and the screening profile are correct. The great importance for the student’s studies alone is not enough to remove every substantive concern.
This example is fictional. It shows what information makes the assessment more complete, without promising a positive outcome.
A school statement that says more than just urgency
A school statement is useful when it makes the consequences of the VOG procedure concrete. For example, have the course explain which placement component is compulsory, when it starts and what consequences postponement has for the study programme.
| Topic | Information the school can provide |
|---|---|
| Course | The level, year of study and relevant practical component. |
| Placement | The work, supervision and intended start date. |
| Dependency | Why this placement is needed for study progress or graduation. |
| Alternatives | Which other placement or schedule is actually available. |
| Consequences of postponement | The next opportunity to complete the component. |
A statement does not need to assess your criminal past. The school can mainly confirm facts about the course and the placement. Leave the medical, criminal law and legal substantiation to the appropriate people where necessary.
In addition, ask the placement provider for a job description that reflects practice. State whether you work under supervision, have independent contact with vulnerable people or will have access to money and confidential information. That information can clarify the connection between the screening profile and your actual tasks.
Study planning during the VOG procedure
Discuss with your course which educational activities you can continue in the meantime. Perhaps a theoretical component can be completed earlier or a placement period can be moved. A temporary educational solution does not change the VOG assessment, but it can limit the damage caused by delay.
Have arrangements confirmed in writing. Note who has promised to look into which option and by what date clarity is needed. A general promise that things will work out offers little to hold on to if an enrolment or exam date later passes.
Also keep records of additional costs directly related to a specific delay, without assuming that they will automatically be reimbursed. A factual overview may be relevant to substantiate your interest. For example, mention an additional study period or the loss of a confirmed placement.
At the same time, keep monitoring the VOG time limits. Consultation with your school and the placement provider is not the same as submitting views or an objection to Justis. Both tracks deserve attention: keeping your studies on course as far as possible and responding in time to the decision that is blocking the placement.
A specific deadline for consultation with your school
Agree with your school by when it must be clear whether you can start the placement. Also record what step follows if the VOG procedure is still ongoing at that point. This prevents you from discovering only after an educational deadline has passed that no alternative has been arranged.
Ask who within the course decides on this. A placement supervisor cannot always deviate from exam or scheduling rules on his or her own authority. So keep the confirmation from the competent contact person.
In your submissions to Justis, give the actual dates, without inventing an earlier deadline to suggest extra urgency. A verifiable start date and concrete consequences of postponement are more useful than a mere statement that your entire course is at risk.
Frequently asked questions
Can I still do a work placement with a criminal record?
Yes, that is possible. The VOG is assessed for the specific purpose. What offences are registered and what work you will be doing are important. Do not refrain from applying for a VOG from the outset out of fear of the outcome.
What should I do immediately after an intention to refuse?
Note the response date, gather the letter and the placement description and ask your school to confirm the consequences of a refusal. Submit substantive views in time or discuss immediately what supplementary information is possible.
Will my school automatically find out what is on my criminal record?
No, Justis does not automatically disclose your full criminal record to your school or placement provider. For practical arrangements, however, you may need to report that the VOG is not yet available. Share information selectively and carefully.
May I work while an objection is pending?
An objection does not give automatic permission to work without a required VOG. Check the rules of your sector and record arrangements with the placement provider in writing. A statutory requirement cannot be replaced by an informal arrangement.
Can a letter from my teacher help?
Yes, if it gives concrete information about your development, the placement requirement and the consequences for your course. A general recommendation without facts is less useful. Have the author stick to his or her own observations.
Is a lawyer free for a student?
Not automatically. Subsidised legal aid may be available depending on your income, assets and the case, often with a personal contribution. Ask in advance for clarity about the costs and any additional expenses.
Protecting your placement and procedure in time
Submit an intention to refuse or a refusal of a VOG to Arslan Advocaten and state the start date of your placement. Also read about submitting your views on an intention to refuse a VOG and the costs of legal assistance with a VOG. A complete file helps to deal carefully with both the screening and your study plans.
Read also
VOG look-back period: how far back does Justis look at your criminal record?
VOG after a dismissal, an acquittal or a pending criminal case
VOG refused for healthcare, education or childcare: your options
