Certificate of Conduct with Criminal Record in Netherlands

A Certificate of Conduct (Verklaring Omtrent Gedrag or VOG) is often required for work, volunteer activities or other purposes in the Netherlands. When you have a criminal record, applying for a VOG can cause stress and uncertainty as an expat. Fortunately, having a criminal record doesn't automatically mean you cannot obtain a VOG under Dutch law. It's important to understand your rights and how the process works.

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What's the situation?

A VOG is a document stating that your behaviour poses no objection for the purpose you need the certificate. Many people think that having a criminal record automatically means they cannot get a VOG, but this isn't true under Dutch law. The assessment depends on various factors such as the nature of your past, how long ago it occurred, and what you need the VOG for. Each application is individually assessed by Justis (the Dutch screening authority).

What does Dutch law say?

The VOG is regulated by the Dutch Judicial and Criminal Records Act (Wet justitiële en strafvorderlijke gegevens or Wjsg). This law determines when a VOG can be refused and on what grounds. The key principle is that only relevant antecedents play a role in the assessment. This means that not every criminal offence automatically leads to refusal.

1Article 28 Wjsg (Dutch Judicial Records Act): A VOG is only refused if there is a risk to society

2Article 30 Wjsg: The assessment considers the nature of the offence, time elapsed, and purpose of the VOG

3Article 32 Wjsg: You have the right to a reasoned decision when your VOG is refused

What are your rights?

Even with a criminal record, you have various rights when applying for a VOG in the Netherlands. It's important that you know and exercise these rights.

1Right to individual assessment: Each VOG application is assessed separately, not automatically refused

2Right to explanation: When refused, you receive a reasoned decision explaining why the VOG was denied

3Right to appeal: Within 6 weeks you can object to a negative decision

4Right to privacy: Only relevant antecedents are considered in the assessment

What can you do now?

Follow these steps to prepare your VOG application as well as possible under Dutch law.

1Step 1: Request your criminal record extract (GBR) from Justis to see exactly what's on it

2Step 2: Submit your VOG application via justis.nl and be honest about your antecedents

3Step 3: If refused, read the reasoning carefully and consider appealing if you disagree

4Step 4: Seek legal help when making an appeal or if you have questions about the process

Sample letter or template

When appealing against a refused VOG in the Netherlands, it's important to properly substantiate why you disagree with the decision. MijnRecht.AI can help you draft a professional appeal letter (bezwaarschrift) that includes all relevant arguments and clearly explains your situation under Dutch law.

Where can you get help?

For questions about your VOG, you can contact Justis (088-3570111). For legal advice about making an appeal, you can contact the Legal Counter (Juridisch Loket) at 0900-8020. For complex cases, it's advisable to consult a lawyer specialising in Dutch criminal law.

Conclusion

A criminal record doesn't mean the end of your chances for a VOG in the Netherlands. By being well-prepared and knowing your rights under Dutch law, you increase the chance of a positive outcome. Don't be discouraged and make use of the possibilities that Dutch law offers you.

Frequently Asked Questions

Can I get a VOG with a criminal record in the Netherlands?

How long do criminal offences remain visible for VOG applications?

What happens if my VOG is refused in the Netherlands?

Must I be honest about my criminal record when applying?

Can I apply for a new VOG after refusal?

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