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Understanding VOG Screening Profiles
The Certificate of Conduct (Verklaring Omtrent het Gedrag, VOG) is an official document issued by the Dutch Ministry of Justice and Security. It confirms that your past behaviour does not stand in the way of you performing a specific job or task safely and reliably. To determine whether you qualify for a VOG, your personal criminal record and other relevant data are assessed against a specific screening profile.
A screening profile is a set of criteria that Justis, the screening authority, uses to evaluate your suitability for a particular position. These profiles are tailored to different sectors and types of work, reflecting the nature of the tasks and the potential risks involved. For example, a VOG screening profile for working with children or vulnerable adults is stricter than one for a general administrative position.
There are hundreds of screening profiles available, covering a wide range of professions such as healthcare workers, educators, taxi drivers, volunteers, and security personnel. Your employer or the organisation requesting the VOG will specify which profile applies. If unsure, you can ask them or consult with us to identify the correct screening profile for your situation.
Understanding the applicable screening profile is important because it dictates which offences or behaviours are relevant in the assessment. Certain past convictions might not affect your VOG eligibility for one profile but could be decisive for another. This makes it crucial to have clear information before applying.
How the VOG Assessment Process Works
Once you submit your VOG application, Justis conducts a thorough check of the Dutch police records and other databases to assess whether any past conduct conflicts with the screening profile for your intended role. The assessment considers convictions, ongoing criminal investigations, and, in some cases, other public records.
The process is generally straightforward and completed within a few weeks. However, if there are concerns or if your criminal record contains entries relevant to the screening profile, your application may be refused. In such cases, you will receive a formal notification explaining the reason for refusal and information about how to object.
It is important to note that the VOG only assesses your criminal record in relation to the specific screening profile. Having a criminal record does not automatically mean your VOG will be denied; it depends on the relevance of the offences to your prospective job.
Should your application be refused, you have the right to submit a statement of views (zienswijze) to explain your circumstances or provide additional information. This can sometimes lead to a reversal of the refusal if you demonstrate rehabilitation or mitigating factors.
Common Reasons for VOG Refusal
Refusal of a VOG typically arises when Justis finds that your criminal record contains convictions or other relevant information that conflicts with the screening profile. Common reasons include:
- Recent or serious criminal convictions related to violence, sexual offences, or fraud.
- Offences that directly affect the safety or trustworthiness required for the position.
- Ongoing criminal investigations or unresolved legal matters.
- Failure to disclose relevant information during the application process.
It is important to understand that the refusal is not a personal judgment but a risk assessment based on public safety and the protection of vulnerable groups. Sometimes, even older convictions may be considered relevant depending on the position.
If your VOG is refused, you should carefully review the reasons provided and consider legal assistance. A specialised lawyer can help craft an effective response, showing why you should still receive a VOG despite the refusal.
When Do You Need a Lawyer?
You may submit a statement of views and objection yourself, but a specialised lawyer significantly increases your chances. The lawyer understands Justis’s assessment criteria, knows which arguments are most effective, and can assist you during the hearing.
Legal representation is almost indispensable during the appeal phase (court and Council of State). The procedure is more complex and the legal argumentation must be of a high standard.
At Arslan Advocaten, we always assess whether you qualify for subsidised legal aid (toevoeging). Many of our clients only pay a small personal contribution.
Why Choose Arslan Advocaten?
Arslan & Arslan Advocaten has experience with VOG cases and employs 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 support, you can still obtain a VOG. Contact us today for a free consultation without obligation.
Frequently Asked Questions
Will my employer be informed if my VOG is refused?
No, Justis does not inform your employer. You can therefore apply without the risk of your employer learning 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.
Am I eligible for subsidised legal aid?
Yes, if your income and assets fall below the thresholds. Those with the lowest incomes pay only €188 personal contribution. We assess this for you.
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