A certificate of good conduct, in Dutch a VOG, is the minister’s statement that examination has shown that judicial records concerning the applicant are no obstacle to the purpose for which the certificate is sought. It is required for roles in which integrity matters.
Legal basis
The Judicial Data and Criminal Records Act contains the regime; the screening authority Justis carries out the assessment under published policy rules. There are two tests. The objective test: would the offence, if committed again, obstruct proper performance of the role? The subjective test: does the applicant’s interest outweigh the risk to society? That balancing takes into account how long ago the offence was, how often it occurred and what has happened since. The look-back period is in principle four years, but is longer for certain roles and unlimited for sexual offences. A proposed refusal is notified first, so that a written view can be submitted; objection and appeal follow.
How it works in practice
The written view carries the weight. In it the applicant can set out the context of the offence, emphasise the passage of time and show that their life has changed course: employer references, training, treatment where relevant. A dismissal or an acquittal does not automatically prevent refusal, because cases that did not lead to conviction can also appear.
Where it goes wrong
Applicants let the period for a written view pass and respond only at the objection stage. A second error is an application under the wrong screening profile, so that the assessment is too broad. Third, it is forgotten that a refusal is an administrative decision open to the ordinary administrative remedies.
Related terms
The certificate connects to dismissal of a case, to the penal order, which does count as a judicial record, and to the notice of objection.
Is your VOG at risk of refusal? Our criminal law specialists prepare the written view.
