A criminal record does not automatically stop you from getting a Certificate of Conduct (Verklaring Omtrent het Gedrag, or VOG). Justis refuses a VOG only if your judicial past poses a real risk for the specific job, and even then your personal circumstances can still tip the balance in your favour.
Below we explain what a VOG is, what an employer may and may not ask, how Justis assesses your application and what you can do if a refusal is on the way. The answers apply to applicants, employees and employers alike.
What is a VOG and who issues it?
A VOG is a statement that your judicial past is no objection to a specific position, task or activity. It is issued only by Justis, the screening authority of the Ministry of Justice and Security.
The rules are set out in Articles 28 to 40 of the Judicial and Criminal Records Act (Wet justitiële en strafvorderlijke gegevens, Wjsg). Justis applies them through its published policy rules (beleidsregels), which describe the review periods and the screening profiles for each type of work. A VOG is always requested for one particular purpose. A certificate issued for a job in an office says nothing about a job in childcare.
What is the difference between a VOG and your criminal record?
Your criminal record is the data about you in the Judicial Documentation System (Justitieel Documentatiesysteem). The VOG is only the outcome of an assessment of that data: issued or not issued.
The judicial documentation can contain more than convictions. It may also show penalty orders (strafbeschikkingen), out-of-court settlements (transacties), pending cases and certain decisions not to prosecute (sepots). An acquittal does not count against you. The employer never sees any of these details. The VOG only tells them that Justis has found no objection for this position.
A criminal past therefore does not mean a refusal. Everything depends on the link between the facts and the work for which the VOG is requested.
When may an employer ask for a VOG?
An employer may ask for a VOG when there is a reasonable, job-related reason for it. For some positions the law even requires one, for example in childcare, education, parts of healthcare and taxi transport.
Outside those sectors an employer may also ask for a VOG, for example when the role involves money, goods, confidential information or contact with vulnerable people. Sometimes the requirement follows from the collective labour agreement (cao). What an employer may not do is ask for your judicial documentation itself. That data is not open to employers, and the VOG exists precisely as a limited screening instrument.
For employers the lesson is simple. Ask for a VOG only where the work justifies it, state the purpose correctly in the request and apply the requirement consistently to comparable positions.
Do you have to disclose a criminal record when applying for a job?
As a rule, no. There is no general duty to tell a prospective employer about your criminal past on your own initiative.
This can be different for facts that are clearly relevant to the job. Think of a finance role after a conviction for fraud, or a driving job after a conviction for drink driving. And if the employer asks a specific, job-related question, you must answer it truthfully. Giving a false answer can later be a reason to challenge the employment contract or, in serious cases, to dismiss you.
The practical rule for applicants and employees: you do not have to say more than necessary, but what you do say must be correct.
How do you apply for a VOG?
The employer or organisation starts the application, and you then complete it yourself. You can do this digitally or in person at your municipality.
With a digital application you receive an email with an application code. You log in with DigiD, check your details and pay online. According to Justis, an application started by your employer costs 33.85 euros and an application through the municipality 41.35 euros. Volunteers who work with children or people with a disability can often receive a VOG free of charge through their organisation under the Free VOG Scheme (Gratis VOG).
Most applications are decided within a few weeks. The statutory decision period is four weeks, which Justis can extend by another four weeks when a closer look is needed. A longer processing time says nothing about the outcome.
How does Justis assess your application?
If you do not appear in the Judicial Documentation System, you receive a VOG without further assessment. If you do, Justis follows three steps under Article 35 of the Wjsg: the review period, the objective criterion and the subjective criterion.
Which period does Justis look at?
Justis first determines how far back it looks. For most applications this is four years, but the period is shorter for young people and longer for certain positions and offences (see below). Facts outside the period are in principle left aside, although Justis may still take very serious facts into account when the risk to society is too great.
Is the offence relevant to the job?
Next Justis asks whether the offence, if it were committed again in this position, would put people, money or information at risk. This is the objective criterion. It is based on screening profiles for each type of work and on the nature of the offence, not on how likely you personally are to reoffend.
A traffic offence can matter for a driving job but hardly for an administrative role. A property offence weighs heavily for a position with financial responsibility. An assault conviction is relevant for work with vulnerable people.
Do your personal interests outweigh the risk?
If the objective criterion is met, Justis weighs your interest in getting the VOG against the risk to society. This is the subjective criterion. Justis looks at, among other things:
- how long ago the offence was committed;
- how the case was dealt with and how serious it was;
- how often you have been in contact with the justice system;
- your age at the time of the offence;
- your conduct and development since then.
In this phase a VOG can still be issued despite earlier facts. In practice, however, this only happens when you provide the information yourself, which is why your written response to an intended refusal matters so much.
How far back does Justis look?
The standard review period is four years. The review periods published by Justis differ by age, position and offence:
- Young people who were under 23 when they committed the offence: two years. This does not apply to serious violent offences or undermining crime carrying more than six years’ imprisonment (then the standard four years applies), nor to sexual offences or terrorist offences.
- Certain transport and security positions, such as taxi drivers and driving instructors: five years.
- Positions with high integrity requirements, such as lawyers, special investigating officers, politicians and sworn interpreters: ten years.
- Judges and staff of judicial institutions: thirty years.
- Sexual and terrorist offences: no time limit. These facts can always be taken into account.
If you spent time in detention, the period is extended by the time you were deprived of your liberty. Work with children, positions of trust and sexual or serious violent offences therefore carry a higher chance of refusal. Even then the assessment stays tailored to the combination of offence, position and personal circumstances.
What can you do if Justis intends to refuse your VOG?
You can respond in writing and later object and appeal. At each stage you can put forward your own interests.
Justis first sends you an intention to refuse (voornemen tot weigering). You then have two weeks to submit a written response (zienswijze). This is the key moment. Up to this point Justis has mainly applied the objective criterion, and it is up to you to bring your personal circumstances to its attention. Useful points are:
- the time that has passed since the offence;
- positive developments in your work and private life;
- treatment or guidance you have completed;
- the absence of new incidents;
- the importance of the position for your income or reintegration.
If Justis still refuses, you can lodge an objection (bezwaar) with Justis within six weeks of the decision. If the objection fails, you can appeal to the administrative law section of the district court within six weeks, and then to the Administrative Jurisdiction Division of the Council of State (Raad van State). These deadlines follow from Article 6:7 of the General Administrative Law Act (Awb) and are strict. A late objection is normally declared inadmissible.
What happens if you need a VOG during your employment?
A refused VOG can affect an existing employment contract, but it does not automatically justify dismissal. The employer still needs a reasonable ground and must first look for alternatives.
A VOG can become relevant during employment, for example when you move to a different position or when a new statutory VOG requirement applies to your role. If the VOG is then genuinely required and Justis refuses it, you may no longer be able to do your work. Under Article 7:669 of the Dutch Civil Code (Burgerlijk Wetboek, BW) the employer may only terminate the contract with a reasonable ground, and only if reassignment to another suitable position within a reasonable period is not possible.
In such a case the subdistrict court (kantonrechter) or the UWV will look at questions such as:
- whether the VOG is really necessary for the position;
- whether the employer acted in good time and with care;
- whether reassignment to another position is possible;
- what interests the employee has in keeping the job.
For employers this means acting carefully before drawing conclusions from a refusal. For employees it means taking the objection procedure seriously, because a successful objection can remove the problem altogether.
In summary
- A criminal record does not automatically lead to a refused VOG; Justis looks at the link between the facts and the job.
- An employer may ask for a VOG where the work justifies it, but may not ask for your judicial documentation.
- The standard review period is four years, two years for offences committed before age 23, and longer for high-integrity positions and serious offences.
- After an intention to refuse you have two weeks to respond; objection and appeal each have a six-week deadline.
- A refused VOG during employment does not automatically justify dismissal; reassignment must be considered first.
Frequently asked questions
Will I get a VOG if I have a criminal record?
Not necessarily. Justis assesses whether your judicial past is relevant to the specific position. Many people with a criminal record receive a VOG, especially when the facts are old or unrelated to the work.
What is a VOG (Certificate of Conduct)?
A VOG is a statement that your judicial past is no objection to a specific position, task or activity. It is issued by Justis, the screening authority of the Ministry of Justice and Security, under the Judicial and Criminal Records Act (Wjsg).
What does a VOG cost and how long does it take?
An application started by your employer costs 33.85 euros and an application through the municipality 41.35 euros. Volunteers working with children or people with a disability can often get one free. Justis decides within four weeks, which can be extended by four weeks.
How far back does Justis look into my past?
The standard review period is four years. It is two years if you were under 23 at the time of the offence, unless it was a serious violent, sexual or terrorist offence. High-integrity positions have a ten-year period, and sexual and terrorist offences can always be taken into account.
May my employer request my criminal record?
No. Your judicial documentation is not open to employers. An employer can ask you for a VOG, but only sees whether it was issued, not the underlying data.
Do I have to disclose my criminal record during a job application?
There is no general duty to disclose a criminal past on your own initiative. For facts that are clearly relevant to the job, or when the employer asks a specific job-related question, you must answer truthfully.
Do an acquittal or a decision not to prosecute count?
An acquittal does not count. Certain decisions not to prosecute, penalty orders and out-of-court settlements can be taken into account, depending on their nature and the position.
My VOG has been refused. Can I do anything about it?
Yes. After an intention to refuse you have two weeks to submit a written response. After a refusal you can object within six weeks and then appeal to the district court within six weeks.
Can a refused VOG lead to dismissal?
Not automatically. The employer needs a reasonable ground under Article 7:669 of the Dutch Civil Code and must first look at reassignment. Much depends on whether the VOG is truly required and on how carefully the employer acted.
Law & More advises employees, applicants and employers on VOG refusals and their consequences for the employment relationship, drawing on both our employment law and criminal law practice. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our employment lawyer page.
