Certificate of Conduct rejected: what now?
What can you do if your Certificate of Conduct VOG application is rejected?
Having your Certificate of Conduct, in Dutch: VOG (verklaring omtrent gedrag) rejected can have major consequences. Employers, educational institutions, or organizations where you want to do volunteer work often require a VOG. If your application is rejected, you will not be able to work. However, a rejection does not mean that you have no options left. You can appeal the rejection of your VOG.
Why is a VOG rejected?
The Justis Service assesses VOG applications based on your criminal record. If your criminal record is deemed to pose a relevant risk to the position or purpose for which you are applying for a VOG, this may lead to a VOG rejection. Among other things, the following factors are taken into account:
- the nature and severity of the offense
- the time that has elapsed since the offense
- the number of offenses
- the connection between the offense and the position
A single fine does not necessarily pose a problem. However, in the case of more serious or multiple offenses, Justis may issue a negative recommendation.
Appealing a VOG rejection
Do you disagree with the VOG rejection? Then you can appeal the rejection of the VOG. You have six weeks from the date of the decision to do so. In your appeal, explain why you disagree with the rejection. It is important to clearly explain your current situation:
- What is your current work or living situation?
- What are your plans for the future?
- Are there any special circumstances?
You can also add references or other documents that support your story. These could include a statement from your employer, a social worker, or other parties involved.
When is an objection likely to be successful?
When considering an objection to the rejection of a VOG, Justis looks at your personal circumstances and whether there is a real chance of a repeat of criminal behavior. Have you turned your life around, was the offense committed a long time ago, or was it unrelated to your job? If so, there are certainly possibilities for still obtaining a VOG.
For example:
- A conviction five years ago for an offense that is irrelevant to your current job as an administrative assistant
- A youthful indiscretion for which you have since sought help and have not committed any new offenses
- A penalty order for an incident that is unrelated to the work for which you need a VOG
Help with appealing a VOG rejection
A well-founded objection is crucial. Kuyp Baar lawyers specialise in VOG cases and can help you draft an objection to the rejection of your VOG. We first assess whether an objection is feasible. We then analyse your situation and draft a legally sound objection that complies with Justis guidelines.
What if the objection is also rejected?
If the objection against the rejection of the VOG is also rejected, you can still appeal to the court. We can also support and assist you in this process.
Conclusion
A VOG rejection is drastic, but it is certainly not the end of the road. In many situations, it is worthwhile to object to the rejection of the VOG, especially if you can demonstrate that your situation has changed or that the facts are not relevant to the position. Get good information and advice from a specialist.
Do you need help with a rejected VOG or appeal procedure? Feel free to contact Kuyp Baar lawyers.