A Certificate of Good Conduct (VOG) is an official document issued by the Dutch government. It certifies that the applicant has no criminal offenses on his or her record that are relevant to the purpose for which the certificate is requested. It is an important document for employers, volunteer organizations, and educational institutions, for example, because it helps ensure a safe working environment.
What are the different stages in applying for a VOG?
After submitting an application for a Certificate of Good Conduct (VOG), the review process is initiated.
Justis, the agency that issues the VOG on behalf of the Ministry of Justice and Security, goes through the following steps to determine whether the certificate can be issued.
Criminal record check
Justis checks in the Judicial Documentation System (JDS) whether the applicant has any criminal offenses on his record.
Sometimes criminal information is requested from other EU countries through the European Criminal Record Information System (ECRIS).
No criminal record? Always a VOG
If you do not have a criminal record, the VOG will be granted immediately.
If you do have a criminal offense on your record, the following is important.
Screening by function
When applying, the employer or organization indicates via a screening profile the points on which the applicant should be screened. This profile depends on the specific job or role for which the VOG is being requested.
Relevance of criminal offenses
Justis assesses whether any offenses pose a risk to the job. For example, some offenses, such as a speeding ticket, may be problematic for a cab driver but not for an administrative assistant. A sex offense may be relevant for working in a child care center, but less or not relevant for working at a bank.
Balance of interests
Justis makes a balancing of interests. This means they consider whether the risk to society outweighs the applicant's interest in receiving the VOG.
Decision by Justis
Justis makes the final decision on whether or not to issue the VOG. They do this on behalf of the State Secretary of Justice and Security.
Intent to reject
If during the assessment it appears that there are criminal offenses that may pose a problem for the position, Justis may decide not to issue the VOG. Before this decision becomes final, the applicant will first receive a intention to reject. This is a preliminary decision in which Justis indicates that they intend to refuse the VOG. The applicant is given a chance to respond.
File a notice of intention to reject a VOG?
The applicant may, within 2 weeks of receiving the intention to reject, submit a view submit. In the opinion, the applicant can present arguments why the VOG should still be issued. An opinion can be submitted digitally or in writing, possibly through an authorized representative.
Object to VOG?
If Justis ultimately decides not to issue the VOG, the applicant can file an objection.
An appeal must be filed within 6 weeks of the date of the decision, either digitally or in writing.
Justis then evaluates the objection and makes a new decision.
With these procedures, Justis ensures that the assessment of a VOG is careful and transparent, with room for the applicant to explain his or her side of the story.
Appeal against VOG?
If the objection is unsuccessful, you can appeal to the administrative law judge within 6 weeks.
Lawyer needed for view, objection and appeal VOG?
It is not mandatory to hire a lawyer when filing a view, objection or appeal related to a VOG application, but it may be wise, especially in complex cases.
The attorneys at Kötter, L'Homme and Plasman Advocaten provide assistance in proceedings involving the application for a VOG. Please contact our office without obligation. If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during business hours) call 020-6731548.
