Sooner or later a Dutch employer will ask you for a VOG – a Verklaring Omtrent het Gedrag, or certificate of conduct. For someone who has always lived here that is a formality. For someone whose adult life was spent elsewhere, it is not. What can the Dutch authorities actually see? Do convictions abroad count? And what does a refusal mean for your residence permit?
What a VOG is, and who issues it
A VOG states that no objection has been found, on the basis of your judicial history, to the specific job for which it is requested. It is not a character reference and not a copy of your criminal record. It answers one narrow question: given what is known about you, and what this role involves, is there an unacceptable risk?
Only one body issues it: Justis, the screening authority of the Ministry of Justice and Security. Municipalities and employers pass applications on; they do not decide. The statutory basis is the Wet justitiele en strafvorderlijke gegevens (Wjsg), at articles 28 to 39: article 28 defines the certificate, and article 35 contains the refusal test that does the real work.
VOG for a natural person and VOG for a legal entity
Two products share the name and are often confused.
- VOG NP (natuurlijke personen) is the individual certificate your employer asks for, tied to a specific role at a specific moment.
- VOG RP (rechtspersonen) is issued to a company, association or foundation that must show nothing objectionable is recorded against it – when tendering, joining a trade body or entering certain contracts. Justis screens the entity and the natural persons behind it: the directors, the partners (vennoten) and the shareholders. The fee is €207.
Neither certificate has a formal expiry date, because each records an assessment made on a particular day – though employers and registers commonly refuse one older than three months. Founders and directors arriving from abroad often need both.
How Justis assesses an application
The employer starts the process and selects a screening profile – the risk areas relevant to the role. A bookkeeper is screened against financial offences; a physiotherapist against violence and sexual offences; a driver against traffic and drug offences. The same history can therefore produce a VOG for one job and a refusal for another. Justis then applies two tests in sequence.
The objective criterion
The first question is whether your judicial data contain an offence which, if repeated, would obstruct proper performance of the role, having regard to the risk to society. This is the test in article 35 Wjsg. It is deliberately abstract: Justis does not ask whether you are likely to reoffend, only whether the offence is of a type that would sit badly with the job. If this criterion is not met, the VOG is issued and the matter ends.
The subjective criterion
If it is met, refusal is still not automatic. Justis weighs the interest of society against your own, taking into account how often you have come into contact with the criminal justice system, the seriousness of the offence, how much time has passed, your age at the time and the surrounding circumstances. This is where an application is won or lost, and where evidence and argument matter.
The screening period
Justis does not look at your entire life, but over a defined period – the terugkijktermijn – running back from the date of the decision. The standard period is four years. It is extended to ten years for integrity-sensitive posts, for sexual offences, and for functions that touch on the security of the State, so a conviction long out of range for an ordinary job can still be weighed for a position of that kind.
Justis works from judicial data held in the Netherlands: the Justitieel Documentatiesysteem. For a small number of roles a separate certificate based on police data, the VOG P, applies instead.
The point that matters for internationals: a record held abroad
The honest answer has three parts.
What Justis sees by default
The Dutch system records convictions handed down by Dutch courts. If you have never been prosecuted here, a search of that system finds nothing. That is why many internationals with a conviction abroad receive a VOG without difficulty. It is not that the conviction was forgiven; it is that nothing relevant surfaced.
Convictions in another EU member state: ECRIS
That is not the whole story. Justis can consult ECRIS, the European Criminal Records Information System, through which EU member states exchange criminal record information. Under ECRIS the member state of your nationality holds the record of convictions handed down against you anywhere in the Union and supplies it on request, including for purposes outside criminal proceedings such as employment screening. So if you are an EU national, a conviction in another member state is capable of reaching Justis.
A related instrument, ECRIS-TCN, established by Regulation (EU) 2019/816, identifies which member states hold conviction records on third-country nationals convicted within the EU. It makes the exchange of criminal record data on third-country nationals within the Union possible for the purposes of VOG screening, so a conviction elsewhere in the EU can reach Justis even where you hold no EU nationality.
Convictions outside the EU
Here the reach is genuinely limited: there is no equivalent automatic exchange with most non-EU states, and such a conviction will not normally appear in the Dutch system by itself. It can still become relevant in two ways – if the underlying facts were also prosecuted in the Netherlands, or if you are asked to produce a certificate of good conduct from that country and it shows something.
When you are asked for a certificate from your own country
Two situations are constantly conflated and must be kept apart.
- The employer or regulator asks. This is the common case. A Dutch employer, professional body or sector regulator may ask for a certificate covering the years spent abroad, alongside the Dutch VOG. That is a contractual or regulatory requirement, not a Justis requirement.
- Justis asks. Far less often than internationals expect. The standard Justis application form and guidance for applicants not registered in the Netherlands ask only for the form itself, proof of the reason for the request, a copy of an identity document and proof of payment; no foreign certificate of good conduct is required. Nor do the published policy rules, the Beleidsregels VOG-NP-RP 2024, set out circumstances in which Justis itself asks for one. Treat a request for a foreign certificate, therefore, as coming from the employer or the regulator until Justis says otherwise in writing, and check the basis for it before going to the trouble and expense of obtaining one.
For a regulated profession, a corresponding document issued by the competent authority of the state of origin may be used instead, or, where that state issues no such document, a declaration made under oath. Documents of this kind may not be more than three months old when they are submitted.
The foreign certificate of good conduct: legalisation and translation
A foreign certificate is not simply a printout. To be usable here it normally has to be authenticated, and then understood.
- Apostille. If the issuing country is party to the Hague Apostille Convention, a single apostille is enough. In the Netherlands it is issued by a district court; abroad, by whichever authority that state designates.
- Full legalisation. If the country is not a party, a chain of authentications is required, typically ending with the Dutch embassy or consulate there.
- Translation. A document drawn up in a language other than Dutch, French, German or English must, for an IND application, be translated into one of those four languages by a translator sworn before a Dutch court; the translation may itself need legalising.
Build in time: in some countries the certificate, apostille and translation together take longer than the whole Dutch VOG procedure.
Justis and the IND: the same facts, two different tests
Internationals routinely assume a VOG refusal endangers their residence permit, or that holding a permit guarantees a VOG. Both are wrong. These are separate decisions by separate authorities under separate legislation, and they diverge.
Every applicant for a regular residence permit signs an antecedents certificate, declaring whether they are being prosecuted in the Netherlands or abroad, whether they have ever been convicted or sentenced at home or abroad, whether they have been involved in serious international crimes, whether they hold an entry ban from an EU or EEA state or Switzerland, whether they have previously given incorrect information, and whether they have ever stayed unlawfully in the Netherlands. Answering untruthfully is itself an offence and can cost you the permit.
The IND therefore learns about foreign convictions from a source Justis does not use: you. Hence the counterintuitive result that a foreign conviction may be invisible to Justis and squarely in front of the IND.
| VOG (Justis) | Residence decision (IND) | |
|---|---|---|
| Legal basis | Wjsg, article 35 | Vreemdelingenwet 2000, article 16; Vreemdelingenbesluit 2000, articles 3.77 and 3.86 |
| Question asked | Would this offence, if repeated, obstruct this role? | Does this person pose a danger to public order? |
| Main source of information | Dutch judicial records; ECRIS for EU convictions | Your own antecedents declaration, plus Dutch records |
| Foreign convictions | Only if they reach Justis through a recognised channel | Must be declared by you |
| Consequence of an adverse outcome | You cannot take, or keep, that job | Refusal, non-extension or withdrawal of residence |
| Remedy | Zienswijze, then objection, then appeal | Objection or appeal under immigration procedure |
The immigration side applies a sliding scale: the longer the lawful residence, the more serious the offending must be before residence is withdrawn. That calculus has nothing to do with the screening profile.
The procedure, the fees and the timing
You cannot ordinarily start a VOG application yourself: the employer or requesting organisation takes the first step. Certain self-employed people in healthcare, financial and legal services are an exception.
- Digital route. The employer submits the request using eHerkenning and selects the screening profile; you receive an email, log in with DigiD, check the details and pay. Cost €33.85, exempt from VAT. Requires DigiD and registration in the Dutch population register (BRP).
- Via your municipality. You take the employer’s form to the municipality where you are registered, with valid ID. Cost €41.35.
- Not registered in the Netherlands. If you are not in the BRP, you apply directly to Justis by email with the non-residents form, a copy of your passport and proof of payment. Cost €41.35, transferred before the application is processed.
The amounts are fixed by regulation: €33.85 for a VOG for a natural person applied for directly by electronic means, €41.35 in other cases, €207 for a VOG for a legal entity, and €70 for the roles designated under article 35a Wjsg. The regulation contains no indexation mechanism of its own and states no separate commencement date for 2026.
The statutory decision periods are four weeks for a VOG for a natural person, extended to eight weeks where a refusal is intended, and eight weeks for a VOG for a legal entity, extended to twelve weeks where a refusal is intended (articles 37 and 38 Wjsg). In practice ordinary applications are usually decided within one to four weeks; non-resident applications are stated to take four to eight weeks. The certificate is issued in Dutch with an English addition at the foot – a full English version requires a certified translation.
The notice of intention to refuse: the stage that decides the case
If Justis finds relevant judicial data it does not refuse straight away. It sends a voornemen tot afwijzing, a written notice of its intention to refuse setting out its reasons. You then have two weeks to submit a zienswijze, a written statement of your position, through MijnJustis or by post.
This is the single most important moment in the procedure, and the one most often wasted. Nothing has been decided: Justis has formed a provisional view, and you have a short window to change it. A good zienswijze does not protest innocence or plead hardship in the abstract. It engages with the subjective criterion directly – how long ago the offence was, the circumstances, what has changed since, why it does not map onto the risks in this role, what refusal would cost, and what evidence supports all of that. For internationals there is an additional angle: explaining a foreign conviction in its own legal context, where the offence may have no close Dutch equivalent or was dealt with under a very different sentencing regime.
Two weeks is short, and it runs while an employer is waiting. This is the point at which a lawyer is worth engaging – not after the refusal has landed.
Objection and appeal
If Justis refuses despite your zienswijze, you can file an objection (bezwaar) within six weeks of the decision. A hearing usually follows, at which you can explain your position in person, and Justis then decides on the objection. Under the Awb the decision period on an objection runs from the end of the objection period and is six weeks, or twelve weeks where an advisory committee is involved, with a further deferral of up to six weeks possible (art. 7:10 Awb); Justis states on its own website that it decides on an objection within twelve weeks of the refusal. Note that the two do not start counting from the same moment, so work out the deadline yourself: once it has passed you can serve a notice of default (ingebrekestelling), which is what puts the file back in motion. If the objection fails, you can appeal to the administrative court within six weeks, and in principle appeal further to the Afdeling bestuursrechtspraak van de Raad van State.
Note the asymmetry: the zienswijze costs two weeks; objection and appeal can consume many months. Few job offers survive that.
Sectors with their own regime
Some sectors go beyond a one-off VOG.
Childcare. Everyone working at, living at, or structurally present at a childcare location must hold a valid VOG, be registered in the Personenregister Kinderopvang and be linked there to their employer. The Justitiele Informatiedienst then checks daily whether anything incompatible with childcare work has been recorded. If a signal arises, DUO informs the GGD, the person is set to inactive and must obtain a fresh VOG through their employer. Without one, the employment ends.
Taxi. Continuous screening applies to drivers holding a Kiwa driver’s card. A signal goes to the Inspectie Leefomgeving en Transport and then to Kiwa, which requires a new VOG; without it the card is withdrawn.
Education. In primary, secondary and senior secondary vocational education a VOG must be produced on appointment or engagement. The certificate must be recent when it is handed over: in general no more than six months old, and for secondary education the legislation refers to twenty-six weeks. Private providers of supplementary education must check annually that the VOG held is not older than six months. There is, however, no general statutory obligation of continuous screening in the education sector; continuous screening in the childcare sense applies to childcare and taxi, not to schools.
Practical advice
For applicants. Start early: the direct Justis route takes four to eight weeks, and a foreign certificate with apostille and sworn translation can take longer still. Ask which screening profile your employer intends to use, because it determines what counts as relevant. If you have a conviction anywhere, gather the paperwork – judgment, sentence, date of completion – before you need it. Answer the IND’s antecedents questions truthfully and in full, including matters abroad: concealment is a far greater problem than the offence. And treat the two-week zienswijze window as the deadline it is.
For employers. Do not make a start date turn on a certificate that has not been issued. Choose the screening profile deliberately rather than copying the last vacancy: an over-broad profile generates refusals you did not need. Set out in the offer letter what happens if the VOG is refused, and remember that a candidate in a zienswijze procedure has not been refused. Be careful about requiring foreign certificates as blanket policy: obligations differ by sector, and processing criminal-record data carries its own risks under data protection law.
Can I get a Dutch VOG if I have never lived in the Netherlands?
Yes. If you are not in the Dutch population register you apply directly to Justis by email, using the non-residents form and enclosing a copy of your passport and proof that the fee has been paid. The fee is €41.35, transferred before processing begins. Justis states that a decision follows within four to eight weeks, after which the certificate is sent by post.
Will a conviction in my home country stop me getting a VOG?
Not automatically, and often not at all. Justis works primarily from Dutch judicial records. For EU nationals, convictions elsewhere in the Union can reach Justis through ECRIS; outside the EU there is generally no automatic exchange. Even where a conviction surfaces it only matters if it is relevant to the role under the screening profile chosen, and the subjective criterion can still produce a certificate.
Does a VOG refusal affect my residence permit?
Not directly. A VOG refusal is a decision by Justis about one job; a residence decision is taken by the IND under different legislation and a different test. Losing the job may of course affect a permit that depends on employment, and the same facts may be assessed by both. But a refusal by Justis is not a finding by the IND, and the two are answered separately.
What should I do when I receive a notice of intention to refuse?
Respond within the two-week deadline with a zienswijze. Address the balancing exercise directly: how long ago the offence was, the circumstances, what has changed, why it creates no risk in this role, and what refusal would cost you. Attach evidence. For a foreign conviction, explain the legal context, since the Dutch reader may have no frame of reference for the offence or the sentence.
Do I need a certificate of good conduct from my own country as well?
Sometimes, but usually because an employer or sector regulator asks rather than because Justis does – the standard Justis non-residents form does not require one. If you are asked, expect to need an apostille where your country is party to the Hague Apostille Convention, or full legalisation where it is not, plus a sworn translation. Allow several weeks.
How long is a VOG valid?
Legally it has no expiry date: it records an assessment made on a particular day. In practice employers, regulators and registers commonly refuse a certificate more than three months old, so timing matters. In childcare the VOG is combined with registration in the Personenregister Kinderopvang and daily screening, so a signal can arise long after the certificate was issued.
Every VOG file turns on its own facts, and the window after a notice of intention to refuse is unforgiving. If you have received one, or you are an employer facing a refusal for a candidate you have already engaged, Law & More can advise on the zienswijze, the objection and the parallel immigration position.
