What is a VOG and why is it rejected?
An objection to a VOG rejection can be made when Justis – the screening authority – decides that your judicial history poses a risk to the position for which you are applying for the VOG. A rejection does not mean you no longer have a chance; with a well-motivated objection, you can still attempt to obtain the certificate.
A VOG is a certificate from the Ministry of Justice and Security showing that your past behavior does not form an objection to fulfilling a specific task or position. The employer or applicant selects a screening profile during the application, which indicates which risks are relevant to the position. There are general and specific screening profiles, for example, for positions in healthcare, education, or the financial sector.
According to which framework is my VOG application assessed?
The assessment of VOG applications is based on:
- The Judicial and Criminal Records Data Act;
- The 2025 VOG-NP-RP Policy Rules
- Internal guidelines from Justis, including the use of screening profiles
These regulations provide a general framework but also contain numerous exceptions. This makes it a complex decision-making process.
Review period
First of all, the so-called “review period” plays a role. This is generally 4 years. For young people – who committed the offense before their 23rd year of life – this period is in principle 2 years. For sex offenses and terrorist offenses, the review period is not limited in duration; these offenses are always taken into account, regardless of how long ago the act was committed. Certain positions with high integrity requirements have a review period of 10 years.
Objective criterion
The issuance of the VOG is in principle refused if the so-called objective criterion is met. The objective criterion concerns the assessment of whether the judicial data found, if repeated, given the risk to society, forms an impediment to the proper performance of the position for which the VOG was requested.
It is important to note that the content of a summons can also play a role. In that case, the criminal case has not yet been irrevocably settled. A (policy) dismissal decision can also play a role.
The relevance of the offense to the position is also relevant. Justis assesses whether the criminal offense is relevant to the risk area of the position. For example: a property offense is relevant for a position with financial responsibility, but potentially not for a position in logistics. The screening profiles are considered in this regard.
Balancing of interests
Finally, a balancing of interests takes place. The so-called subjective criterion. The question is whether the applicant’s interest in obtaining the VOG should outweigh the interest of society in protection against the risk to society upon issuance of the VOG. This assessment is customized and takes personal circumstances into account, such as reintegration, behavioral change, and social position.
Before the VOG is rejected: the representation phase
Before Justis actually rejects a VOG, you will in many cases first receive a notice of intent to reject. This is an important phase: you are given the opportunity to provide your views. In this representation phase, you can explain in writing (and sometimes orally) why you believe you should indeed qualify for a VOG. This is the moment to:
- Explain your personal circumstances;
- Substantiate demonstrable behavioral change;
- Provide employer statements or other positive references;
- Emphasize the importance of the position for your future.
Please note: the representation phase is not a formality. A well-substantiated statement of views can lead Justis to decide to grant the VOG after all, without a formal rejection following.
Our attorneys are happy to help you draft a persuasive statement of views or submit an objection to a VOG rejection. The earlier you engage us, the greater the chance of success. Additionally, it is important to look at the (potential) rejection with a legal eye even at this stage.
What can you do if your VOG application is rejected?
In the event of a rejection, you can object to Justis’s decision within six weeks. This objection must be well-motivated. It is important that you explain why the criminal offense does not form an impediment to the position for which you are applying for the VOG. Our attorneys help you draft a legally strong notice of objection. We know which arguments convince Justis.
How does the objection procedure for a VOG application work?
- Received a rejection? You have six weeks to object.
- Submit an objection: Together with you, we draft a notice of objection, substantiated with relevant documents.
- Hearing (optional): Justis may invite you to explain your objection orally.
- Decision on objection: You will receive a decision within a few weeks. If the objection is declared well-founded, you will receive your VOG after all.
- Rejection of decision on objection: You have six weeks to file an appeal with the administrative court.
Why is it wise to engage an attorney if your VOG application is rejected?
A well-substantiated objection makes the difference. Our attorneys:
- Have extensive experience with VOG cases;
- Know how Justis assesses and decides;
- Substantiate your objection both legally and personally;
- Guide you from start to finish.
What are the costs for legal assistance in an objection to a VOG rejection?
The costs for legal help vary per case. With us, you always know where you stand in advance. During an intake interview, we discuss your situation and provide a clear cost overview.
In many cases, you qualify for subsidized legal aid (also known as an “assignment”). This means that the government reimburses a large part of the costs. You then only pay an income-dependent personal contribution, which can range from approximately €176 to €951. We can immediately check for you whether you qualify for this and handle the application. This way, you avoid surprises and get the help you need without unnecessary costs.
If you do not qualify for subsidized legal aid, we can only act on a paid basis. The hourly rate is €302.50 including VAT.
We handle a statement of views or an objection to a VOG rejection only on a paid basis. For handling a written statement of views, we apply a standard rate of €1,210.
Need help? Contact us immediately.
Do not wait until it is too late. Our attorneys are ready for you. Call us for a non-binding intake interview or send your rejection letter directly. Together, we will ensure that your future does not come to a standstill.
