Criminal record & Certificate of Good Conduct

Responding to an intended VOG refusal

A proposed refusal from your VOG can feel like a new job has already been lost. Yet now is the time to carefully complete the assessment. An opinion is not a competition in nice recommendations, nor is it a second criminal trial. Our analysis: the best preparation links each relevant objection to a verifiable fact and to the concrete risk of the position. This makes visible what Justis does not yet know, what seems factually incorrect and why certain interests or developments should be weighed differently. This does not result in a guarantee of delivery, but it does result in a better assessable file.

In this article
  1. First analyze the intention you received
  2. Treat the submission date as its own task
  3. Correct data without re-running a criminal case
  4. Specify the assumed risk
  5. Describe change with a timeline and boundaries
  6. Explain consequences without confusing them with safety
  7. Fictional example: a job with different privileges
  8. An annotated outline for your own response
  9. Make evidence manageable and protect sensitive information
  10. Read the final decision again on its own reasons

First analyze the intention you received

Read the letter as if you had to answer a number of separate research questions. What judicial data does Justis mention, what purpose is associated with the application and what risk does the assessor see? Mark factual statements, legal principles and the weighing of interests with different colors. After all, a disagreement about a date of the crime requires a different document than an argument about the consequences for your education. Justis's explanation of assessment and decision provides the procedural context for this first ordering. (explanation from Justis about assessment and decision)

Then write your one-sentence response next to each important passage. Consider: the described task does not belong to this position, this amount concerns a different matter, or the treatment mentioned has now been completed. Include which source can substantiate this and what still needs to be investigated. This prevents an extensive biography from covering up the most important point. Leave unfavorable passages; a reliable response does not have to challenge every fact to ask for a different assessment.

Treat the submission date as its own task

Justis states that an opinion must be submitted within two weeks of the date of the intention. Therefore, write down the date on the letter, the date of receipt and the deadline for submission separately. Also keep the envelope if delays may play a role. Waiting for a perfect employer's statement is not a good reason to let the period expire silently. If time is lacking, it must be discussed immediately how you will respond in a timely manner and via an permitted route and what additional appointment is possible.

The same official page describes digital and written submission, the required personal data, the reference and signature. Please check current instructions before shipping and retain a receipt or other shipping documentation. Don't assume that a telephone conversation with an employee will replace your written response. When someone acts on your behalf, their authority must be clear. An administratively complete document does not automatically make the substantive argument convincing, but it does prevent the assessment from starting with uncertainty about the sender or application.

Correct data without restarting a criminal case

Distinguish between an error in the description and dissatisfaction with a previous criminal decision. If the intention mentions an incorrect settlement, an official decision may be relevant. Your own belief that a conviction is unjustified does not automatically change that registration. Have a lawyer assess how a pending legal remedy, a dismissal or other procedural development should be introduced into the VOG assessment. The Judicial and Criminal Procedure Data Act forms the legal framework; not every criminal outcome has the same meaning.

In case of a correction, please include the location in your attachment and state exactly which data needs to be adjusted. Avoid wording that suggests more than the document proves. For example, a letter stating the receipt of an appeal does not yet prove an acquittal. If the information cannot yet be verified, state this explicitly and record which official information has been requested. This restraint is not a weakness: it helps the assessor to distinguish factual corrections from an interpretation that still requires legal discussion.

Make the assumed risk concrete

The screening profile of Justis must be related to the actual work. A title such as employee or driver says little about independence, access to money or contact with vulnerable people. Ask the employer to factually describe the daily tasks, authorities and relevant guarantees. Do not have a job description drawn up that is only intended to make the application appear more favorable. If a task actually expires, it should be an actionable and verifiable change, not an appointment that disappears once issued.

A useful comparison has three columns: the risk identified by Justis, the activities to which that risk relates and the factual substantiation of your response. For a money-related fact, it may be relevant, for example, whether someone independently approves payments. At the same time, supervision cannot automatically rule out the existence of a risk. Therefore, do not write that a second signature will solve all problems. Describe what actions are possible, who checks, how often this happens and what the attached authorization description actually shows.

Describe change with a timeline and boundaries

A recommendation becomes more informative when it describes developments that the writer himself has observed. A supervisor can state since when contact has been established, which agreements have been fulfilled and which goals are still ongoing. An employer can explain how someone in a previous position handled responsibility. A general statement that someone is a good person tells less about a concrete risk. Also describe the period to which the judgment relates; two conversations do not carry any conclusions about behavior over several years.

Arrange developments chronologically: event, start of guidance, completion of a process, work or training and current situation. Make visible what is still vulnerable. Anyone who is still receiving treatment does not have to present it as fully completed to show progress. The Policy Rules VOG 2025 must be read in conjunction with your own application; Individual success stories of others are not an assessment standard. Have a legal advisor assess which circumstances in this category of cases are significant and how they relate to the specific risk.

Justify consequences without confusing them with safety

The importance of the VOG can be great: a training place, an apprenticeship agreement or a concrete job. Show how direct the connection is. A signed conditional employment contract says something different than the expectation of ever working in the same sector. Indicate the start date, the VOG requirement and any alternatives that have actually been investigated. A serious personal interest deserves a clear description, but does not automatically remove the objections to issuing it. The evaluator must be able to recognize both sides.

Also indicate who will be affected by the consequences, without unnecessarily bringing sensitive data into the file. If family income is important, a business-like explanation may suffice; a complete medical file of a family member is not automatically necessary. Ask for each attachment which point it supports. This way the view remains focused and proportional. Our editorial consideration is that substantiation is stronger through relevance, not size: ten letters with the same recommendation often add less than one precise confirmation of a decisive task or development.

Fictional example: a job with different privileges

In a fictional example, Noor receives an intention to refuse for administrative work. The letter discusses access to payment flows. Noor initially writes that her new employer trusts her and that she urgently needs income. During the conversation with the employer, it turned out that the vacancy text was too broad: she enters documents, but cannot adjust bank account numbers or prepare payments. This difference must be checked against the real arrangement of the work, not just with a friendly explanation.

Noor adds a current job description and a limited authorization matrix. She acknowledges that the previous event may be relevant, corrects the description of her future powers and substantiates the importance of the job separately. The assessment may still be unfavourable, for example when other risks exist. The example mainly shows how an opinion adds information. Trust, income and powers answer different questions; by substantiating them separately, the evaluator does not have to guess which argument is intended for what.

An annotated outline for your own response

Start with name, contact details, date and reference. Then write in plain language that you respond to the intention and ask for reconsideration before the final decision. Work with short subheadings and number the appendices. Do not copy a standard passage that does not suit your situation. An outline aids the flow of thought, but does not replace an assessment of the data that Justis actually used. The following classification makes visible where facts end and arguments begin.

  • Application: the specific purpose, the employer or training and the correct identification of the intention.
  • Fact check: each disputed entry, the requested correction and the supporting document.
  • Position: actual duties, authorities, frequency and any relevant restrictions.
  • Development: A dated timeline with specific and honestly bounded statements.
  • Interests: the concrete opportunity that could be lost and the documents that demonstrate this.
  • Consideration: why you think this data should lead to a different assessment.
  • Request and attachments: the desired decision, a numbered list of documents and signature.

Read the text as if you were not familiar with the application. Does anyone understand which piece supports a statement? Are words like never, impossible or completely justified by the source? Omit incorrect exaggeration, even if it sounds strong. An easy-to-read response can be sharp without being accusatory. Ask a reader especially about missing links between risk, fact and conclusion, not just about spelling or a convincing tone.

Make evidence manageable and protect sensitive information

Number the documents, state their date and provide one line of explanation for each item. Send readable versions and keep the originals. If an employer is only allowed to share part of a document, a targeted acknowledgment may be more useful than an illegible black-painted collection. Do not arbitrarily remove relevant information from an official piece so that the meaning changes. Discuss any concerns about privacy or necessity before providing the document. Also keep track of which version was actually submitted.

Agree with the advisor who will send the opinion and who will receive additional correspondence. Duplicate, differing versions make the file confusing. If a relevant document becomes available after submission, follow the current instruction of Justis for additions and always state the reference. Don't assume that a single message will automatically be read before the decision. A short process log with shipping date and confirmation of receipt helps to later determine which data was available at what time.

Reread the final decision for its own reasons

After the opinion, the final decision follows. If the VOG is still refused, it must be reconsidered which arguments were discussed and why other points did not lead to issue. Objection is a different phase with its own requirements and deadlines. Therefore, do not paste the view unseen into a new document. A refusal may contain new reasons or evaluate a point raised differently. For that follow-up, there is the guide on a rejected VOG.

Save the complete file as one series: application, intention, opinion, appendices, shipping receipts and decision. This allows a lawyer to assess the content and procedure in conjunction. A well-organized opinion is ultimately more than a defensive letter. It forces precision about the work, the data and the changes that are actually demonstrable. This is valuable especially in the case of a far-reaching decision, even when the legal assessment remains complicated and a subsequent procedure is necessary.

Questions from litigants

Frequently asked questions

Is an opinion the same as an objection?

No. An opinion responds to an intention before the final decision. An objection is against a final refusal. Check your own instructions and deadline for each letter; an earlier response does not replace a later remedy.

Does my employer have to write the opinion?

The applicant can respond himself or engage a representative. The employer can provide factual information about tasks, powers and the specific position. Do not let the legal response depend solely on a recommendation or the expectation that trust from the employer is decisive.

Can I wait until all attachments are complete?

Do not allow the deadline to expire because an attachment is missing. Justis mentions two weeks after the date of the intention. Immediately discuss how you will respond in a timely manner and whether and how supplementation is possible; don't assume that postponement will automatically apply.

This article provides general information. The rules and options depend on your situation. Discuss your case and possible deadlines with a lawyer.

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