A criminal record: what does that mean?

What exactly is a criminal record?

The Judicial Information Service, Justid, manages the judicial documentation. According to the explanation of Justid, crimes are registered and exceptions apply to violations. The registration rules relate to facts from the age of twelve. The legal classification of the fact is therefore more important than the everyday description, such as a minor argument or a one-off incident. Also read the distinction between crimes and violations.

A practical start is to put all the official documents together. Note the public prosecutor's office number, the date and the type of decision. With only the memory that you once paid a fine, you cannot determine exactly what has been registered.

A registration also tells how a case ended

A dismissal or acquittal may also be included in the judicial documentation. Justid explains this in the frequently asked questions about the criminal record. It is therefore incorrect to read every mention as a proven criminal offense. The outcome of the case is part of the meaning of the registration.

If it is unclear, do not just ask whether you have a criminal record, but which case and which decision are being referred to. A letter about an ongoing case, a final acquittal and a conviction each require a different explanation. The overview of the criminal proceedings helps to place a document in the right place in the course of the case. Save the decision yourself so that you can have the exact outcome checked later.

A traffic fine and a criminal order are different

A minor traffic violation that is dealt with administratively in accordance with the Mulder Act will not be included in the judicial documentation, according to Justid. You cannot generalize this to all traffic facts or all letters from the CJIB. After all, the CJIB can implement different types of decisions.

Registration may be required in the event of a criminal order. Anyone who disagrees with this must have the route and time limit for resistance checked. The OM describes the main rule of fourteen days after notification, with an additional regulation for certain low fines. The Public Prosecution Service also says that you do not have to pay if you object until it has been dealt with. A correction request from Justid does not replace this legal remedy. A summons again requests another next step.

How long is data retained?

The retention periods of Justid differ per type of fact. Violations usually involve five years, or ten years if a custodial sentence or community service has been imposed. Much longer terms apply to crimes. Among other things, the statutory maximum penalty is decisive, not just the penalty that has actually been imposed. It is often twenty or thirty years; Derogations apply to certain categories, including a term of eighty years.

This is not a calculation that you can make safely by just adding the year of the incident. The starting time, the settlement and any other matters can have an influence. New final rulings can lead to an extension in the case of crimes. If you have a specific question, have the entire registration assessed, instead of using a general term from an article as the final deletion date.

What does a criminal record mean for a Certificate of Good Conduct?

A Certificate of Good Conduct is not a copy of your criminal record. Justis assesses whether relevant data poses a risk for the purpose for which the statement is requested. The screening profile, the seriousness and age of the facts and the weighing of interests play a role in this. A registration may weigh differently for one position than for another. See the assessment of the Certificate of Good Conduct by Justis.

Therefore, do not rely solely on a general statement that if you have a criminal record you will never get a job. Collect the specific job description and ask which screening profile is used. This makes the question open to discussion and verifiable. There is no guarantee that the application will be granted. The absence of recent problems does not in itself provide a prediction about a specific application.

A VOG review period is not a deletion period

According to Justis, a Certificate of Good Conduct has a standard look-back period of four years. There are important deviations, for example for certain positions, young people and certain crimes. Deprivation of liberty can extend the period. An unlimited review period applies to sexual crimes and terrorist offenses. In special situations, Justis may also consider data outside the applicable period.

The practical meaning is that two different questions can have different answers: is the case still registered, and what role does it play in this Certificate of Good Conduct? A criminal record is therefore not automatically empty after four years. Conversely, you do not always have to wait until a registration has been deleted to obtain a Certificate of Good Conduct. For an application, use the current rules for the actual purpose, not the term that someone else got for another job.

This gives you insight into your own data

You can request a Overview of Judicial Data from Justid. This is intended for personal viewing. According to Justid, employers and insurers are not allowed to ask you for this overview. It is also not a replacement for a Certificate of Good Conduct and is not intended as a travel or emigration document.

Follow Justid's current application instructions and only send identity documents via the route stated therein. A lawyer can be authorized for the application and collection. Then check the number, decision and status for each entry. Make a short list of specific questions, such as a missing final decision or a different date. That works better than a general request to remove everything. Keep this personal overview outside of a regular application attachment.

Correcting an error is different from contesting a ruling

Justid has a correction procedure for factual errors. For example, this concerns a registration that deviates from the final decision. According to Justid, rectification is only possible after an irrevocable final decision. You must contact the Public Prosecution Service about an ongoing case. The substantive assessment of the criminal case is not repeated through rectification.

A request for removal due to special personal circumstances is a different route and, according to Justid, is rarely granted. Ordinary inconvenience caused by registration is insufficient for this. If you disagree with a verdict, investigate the options for appeal in a timely manner. If you disagree with a VOG decision, there will be a separate procedure. The right letter to the wrong agency cannot secure a current term.

Hypothetical example: an old case in a job application

Suppose: Noor received a criminal order years ago and now wants to start a training course with an internship. She remembers the amount she paid, but not what fact was stated in the decision. Instead of concluding in advance that the internship is impossible, she first collects the decision, the internship requirements and the requested VOG goal. She then formulates two separate questions: what has been registered and what must be assessed for this application?

This example is made up and says nothing about the chance of a Certificate of Good Conduct. It shows why good preparation starts with documents and specific questions. If Noor wants legal help, she can do so in advance costs of a lawyer and the possibility of subsidized legal aid discuss. A substantive assessment does not have to start with an unclear price agreement.

Checklist for a question about your criminal record

This preparation helps when contacting Justid, Justis or a lawyer. Then choose the route that suits the document. Anyone looking for support can find a criminal lawyer and ask in advance whether they also have experience with the specific registration question. Always indicate when a letter has been received and whether a response period is running.

• Collect the decision, ruling or dismissal letter and note the public prosecutor's office number.
• Check whether the case is still open or has been definitively closed.
• Make a distinction between inspection, a factual correction, a legal remedy and a Certificate of Good Conduct question.
• For a Certificate of Good Conduct, ask for the specific purpose and the screening profile used.
• Record receipt dates and have current installments checked immediately.
• Ask in advance about the work, costs and possible additions.

Choose the follow-up question that fits your document

If you have received a criminal order, first investigate that decision and the possible route of resistance. The guide to a criminal order explains why payment and registration should not be viewed separately. In the case of a dismissal, the question is different again: which decision and code have been recorded and what do they mean?

For work or training, the separate guide VOG helps with a criminal record. The assessment for the requested purpose is central. If you already have an intention to reject or a final decision, follow the route VOG refused. The phase determines which response and term should be assessed.