More and more employers ask for a Certificate of Conduct (in Dutch: Verklaring Omtrent het Gedrag, or VOG) during a job application or in the course of employment. This raises questions, especially if you have ever come into contact with the justice system. What is on your criminal record? May an employer ask about it? And does a conviction automatically mean you will not receive a VOG?
In this blog we explain what a VOG is, how the assessment works and what your rights and obligations are as an applicant, employee or employer.
What is a VOG (Certificate of Conduct)?
A VOG is a statement confirming that your judicial past is no objection to a specific position, task or activity. The VOG is issued exclusively by Dienst Justis, on behalf of the Ministry of Justice and Security. The substantive assessment lies with the Central Body for the Certificate of Conduct (COVOG). The legal basis is set out in the Judicial and Criminal Records Act (Wjsg), elaborated in the VOG-NP-RP Policy Rules 2025.
It is important to understand the difference between a VOG and a criminal record. The term “criminal record” refers to the judicial documentation registered in the Judicial Documentation System (JDS). This may contain not only convictions, but also settlements, penalty orders, out-of-court settlements, pending cases and certain dismissals. An acquittal does not count. The VOG does not give any insight into this data: the outcome is simply whether or not the VOG is issued for the purpose of the application.
A criminal past therefore does not automatically mean that a VOG will be refused. The assessment is always linked to the position or activities for which the VOG is required.
May an employer ask for a VOG?
For some positions a VOG is required by law, for example in parts of education, childcare, healthcare and passenger transport. Outside those sectors too, an employer may request a VOG, for example when a role involves responsibility for money, goods, confidential information or vulnerable people. Sometimes this is arranged in the collective labour agreement (cao).
An employer may not ask for your judicial documentation itself. That data is not freely accessible to employers. The VOG is precisely intended as a limited screening instrument: the employer sees only the outcome of the assessment, not the underlying criminal information.
For employers, a VOG request must fit the nature of the work. Only with a reasonable, job-related reason is a VOG appropriate.
Do you have to disclose a criminal record during a job application?
In general, you do not have to disclose a criminal past on your own initiative. There is therefore no general duty to report as such.
This may be different for facts that are clearly relevant to the position. Consider a financial role after a conviction for fraud, or a driving job after a conviction for driving under the influence. Moreover, if an employer asks a targeted, job-relevant question, you must answer it truthfully.
Concealing relevant information can cause problems later. Depending on the circumstances, this may have consequences for the employment relationship. The rule of thumb for applicants and employees: you do not have to disclose more than necessary, but whatever you do disclose must be accurate.
How do you apply for a VOG?
You cannot start a VOG application yourself. The employer or client takes the first step; after that you complete the application yourself, digitally or in writing via the municipality.
For a digital application you receive an email with an application code. You log in with DigiD, check your details and pay with iDEAL. In 2026 the costs are 33.85 euros for a digital application and 41.35 euros for a written application via the municipality. For volunteers who work with children or vulnerable people, the VOG may be free of charge under the Free VOG Scheme.
You usually receive a response within one to four weeks; for a complex assessment this can take up to eight weeks. A longer processing time says nothing in itself about the outcome.
How does Justis assess a VOG application?
Anyone who does not appear in the JDS receives a positive VOG without further ado. Only when there is judicial data does a substantive assessment in three steps follow.
1. Review period
First, Justis determines over which period your judicial past is examined. The standard period is four years. As a rule, the date of disposal is decisive (the conviction, penalty order, settlement or dismissal), not the date on which the offence was committed. The date of the offence can become decisive if there are more than two years between the offence and its disposal.
2. Objective criterion
Next, on the basis of a screening profile, it is assessed whether the facts found, if they were to recur, would form an obstacle to the position. The question is whether the type of offence matches the risk of the position, not the personal likelihood of repetition. A traffic offence may be relevant for a driving job, but hardly for an administrative office role. A property offence, on the other hand, weighs heavily for a position with financial responsibility.
3. Subjective criterion
If the offence objectively constitutes an obstacle, a balancing of interests follows: does your interest in the VOG outweigh the risk to society? In doing so, Justis looks, among other things, at:
- how long ago the offence took place;
- the nature and seriousness of the offence;
- how often you have come into contact with the justice system;
- your age at the time of the offence;
- your conduct and development since then;
- the interest you have in the issuing of the VOG.
It is precisely in this phase that it may turn out that a VOG must still be issued despite earlier judicial facts.
The review periods at a glance
- Standard: 4 years.
- Young people: 2 years, if the offence was committed before the age of 23 — except in the case of a serious violent offence (carrying a sentence of more than 6 years) or a sexual offence.
- Positions with high integrity requirements (such as lawyers, investigating officers, politicians and sworn interpreters): 10 years.
- Working with children, combined with an earlier conviction for an offence against a child: up to 20 years.
- Sexual and terrorist offences: unlimited. These facts are always taken into account, no matter how long ago.
For these more serious categories — working with children, positions of trust, high integrity requirements, and sexual or serious violent offences — the chance of refusal is greater. Even then, however, a tailored approach remains the starting point: it always concerns the combination of the type of offence, the position and your personal circumstances.
VOG refused: what can you do?
An intended or final refusal does not mean you are out of options. You can challenge it, and at each stage you can put forward your interests.
You usually first receive an intention to refuse. You can submit a written response (zienswijze) against it within two weeks. This is an important moment: until then, Justis has mainly tested against the objective criterion, and it is up to you to bring the personal circumstances (the subjective criterion) to attention. Consider:
- the time that has passed since the offence;
- positive developments in work and private life;
- treatment or guidance;
- the absence of new incidents;
- the importance of the position for your income or reintegration.
If the VOG is then still refused, you can lodge an objection within six weeks. If the objection is unsuccessful, an appeal to the administrative court is open within six weeks. Because the deadlines are short and the substantiation is decisive, it is wise to seek legal advice in good time.
VOG during ongoing employment
A VOG can also come into play during an existing employment contract, for example in the event of a change of position or because a VOG obligation comes to apply to a role.
If a VOG is genuinely required for the position and is not issued, this can have consequences for the employment relationship. However, this does not automatically mean that termination is justified. Relevant factors include:
- whether the VOG is really necessary for the position;
- whether the employer acted in a timely and careful manner;
- whether reassignment is possible;
- what interests the employee has.
For both employers and employees, this is a matter of tailored assessment. A careful weighing of interests and legal advice are then important.
Conclusion
A criminal record does not automatically mean you will not receive a VOG. The assessment is always job-oriented and revolves around whether your judicial past poses a relevant risk for the work for which the VOG is requested. Your personal circumstances are also taken into account.
For applicants and employees, it is important that an employer may not simply request access to criminal data, but in many cases may require a VOG. For employers, a VOG request must fit the position well and be applied carefully.
Are you dealing with an intended refusal, a rejected application or questions about the consequences for an employment contract? Then seek advice in good time — precisely because the deadlines are short and good substantiation at an early stage can make the difference. The employment law and criminal law specialists of Law & More are happy to think along with you.
Frequently asked questions about a criminal record and employment (VOG)
Will I get a VOG if I have a criminal record?
Not necessarily refused. Justis always assesses whether your judicial past is relevant to the specific position. Many people with a criminal record simply receive a VOG, especially if the facts are old or have nothing to do with the position.
What does a VOG cost and how long does it take?
In 2026 a digital application costs 33.85 euros and a written application via the municipality costs 41.35 euros. For volunteers who work with children or vulnerable people, the VOG may be free. You usually receive a response within one to four weeks; if further investigation is needed, this can take up to eight weeks.
How far back does Justis look into my past?
The standard review period is four years. For young people who committed the offence before the age of 23, two years often applies. For positions with high integrity requirements, ten years applies, and for sexual or terrorist offences the period is unlimited.
May my employer request my criminal record?
No. Your judicial documentation is not freely accessible to employers. An employer can ask you for a VOG, but only sees the outcome and not the underlying data.
Do I have to disclose my criminal record during a job application?
There is no general obligation to disclose a criminal past on your own initiative. For facts that are clearly relevant to the position, or if the employer asks about it specifically, you must answer truthfully.
Do a dismissal or an acquittal count?
An acquittal does not count. Certain dismissals, settlements, penalty orders and out-of-court settlements can be taken into account, depending on their nature.
My VOG has been refused — can I do anything about it?
Yes. You usually first receive an intention to refuse, to which you can submit a written response within two weeks. If the VOG is then still refused, you can lodge an objection within six weeks and afterwards possibly appeal to the administrative court within six weeks.
Can a refused VOG lead to dismissal?
Not automatically. If a VOG is genuinely a job requirement and is not issued, this can have consequences for the employment relationship, but that depends on, among other things, the necessity of the VOG, reassignment options and the care taken by the employer.
What is a VOG (Certificate of Conduct)?
A VOG is a statement confirming that your judicial past is no objection to a specific position, task or activity. It is issued exclusively by Dienst Justis on behalf of the Ministry of Justice and Security, with the substantive assessment carried out by the Central Body for the Certificate of Conduct (COVOG).
Can an employer simply ask about my criminal record?
An employer may not ask for your judicial documentation itself, since that data is not freely accessible to employers. Instead, the VOG acts as a limited screening instrument: the employer only sees the outcome of the assessment, not the underlying criminal information.
Do I have to disclose a criminal record on my own initiative during a job application?
In general, you do not have to disclose a criminal past on your own initiative, so there is no general duty to report this, although the specific circumstances of a role can matter.
Does having a conviction automatically mean I will not receive a VOG?
No. A VOG request and its assessment must fit the nature of the work, and a reasonable, job-related reason is required before a VOG becomes relevant, so the outcome depends on the specific position and the nature of the judicial information involved rather than being automatic.
