A Certificate of Good Conduct with a criminal record: what Justis looks at

A Certificate of Good Conduct is not a copy of your criminal record

A criminal record contains registered judicial data. A Certificate of Good Conduct is an assessment for a specific position or other purpose. These are different documents with different rules. A registration may be relevant for one application and be weighed differently for another.

Therefore, do not be discouraged by the general statement that someone with a criminal record will never receive a Certificate of Good Conduct. Conversely, a previous release is no guarantee for every subsequent function. Start with the exact activities or purpose for which the organization is requesting the declaration. A clear job description is more useful than just the name of the sector.

The screening profile makes the position concrete

The employer or organization chooses a screening profile that suits the position when applying. There are general risk areas and specific profiles. Consider work with money, goods or sensitive information. The assessment is about the risks of the concrete work, not just about the job title stated on a vacancy.

Ask which activities and which profile have been specified and check whether the description is factually correct. Do not try to make the application appear more favorable by concealing tasks. If the application has been completed incorrectly, discuss the official route through which this can be corrected. Your own alternative job name does not remove an existing risk.

The lookback period is not a deletion date

Justis uses review periods for the assessment. The standard period is four years, but there are important deviations based on, among other things, age, purpose and type of data. A shorter period often applies to young people up to the age of 23, with exceptions. Therefore, consult the current official explanation instead of applying one general number to your situation.

This assessment period is slightly different from the time that Justid is allowed to retain data. A piece of information may still be registered, while a different assessment system applies to a VOG. Conversely, you cannot conclude solely on the basis of the date of an event that it can no longer play a role. Have questions about the applicable term assessed specifically.

Not only convictions can appear in the data

Justis describes that the Judicial Documentation System can contain different types of cases and decisions, including criminal orders, transactions, dismissals and open cases. It is therefore incorrect to assume in advance that only a final judicial conviction can require attention in a VOG application.

If you want to know what is registered in your name, request your own overview via Justid. Compare that overview with the decisions you have saved. A dismissal or a withdrawn penalty order must be recognizable as the correct decision. A question about a factual registration error is a different question than the assessment of the risk to the position.

A personal explanation must add something demonstrable

When weighing up interests, seriousness, time lapse, recurrence and age may be important. Personal circumstances may also require attention. A substantive explanation connects those circumstances with Justis' reasons. Simply writing that you desperately need the job does not automatically answer the question of why handing it over is justified.

Therefore, collect targeted information about your situation and the work. Consider a correct job description and, when relevant, documents about training, guidance or demonstrable changes. Only let a supervisor confirm what he or she really knows. A long collection of general recommendations is less helpful than a short explanation with verifiable substantiation.

Example: same history, different activities

Suppose someone is looking for a job where he processes payments independently. A registration about financial trading may then raise different questions than a position without access to money or payment processes. This is a hypothetical example to show the importance of the work; it does not predict a decision for an individual applicant.

Proper preparation consists of identifying the real tasks, checking the data used and answering any questions from Justis. Do not calculate a percentage chance of success yourself. An online VOG check can provide orientation, but is not a formal decision and does not replace the application.

A proposed rejection is not the end of the procedure

If Justis does not intend to issue a Certificate of Good Conduct, you can receive an intention to reject. You can respond to this with an opinion. Read the reason and response time immediately. The later final rejection has a separate objection phase. The guide VOG refused elaborates on that distinction.

If you have an intention, do not just wait for a conversation with the employer. Consultation about work and the procedure at Justis are different processes. Keep track of the reference number, date of the letter and deadline for response. For legal assistance, ask explicitly whether the assignment also includes the timely submission of your response.

Apply via the official route and monitor progress

Justis is the authority that issues the Certificate of Good Conduct. A commercial party cannot promise delivery or determine the substantive assessment as it wishes. Check which part of a service offered consists of administrative assistance and what costs you pay for it. Use the official information to choose the right application route.

Ask an employer sufficient time for the procedure and make agreements about submitting the Certificate of Good Conduct. Do not automatically share a criminal file more widely than necessary. For questions about information to an employer or consequences for an employment contract, additional legal advice may be required; A Certificate of Good Conduct procedure does not resolve all employment law questions.

• Check purpose, real work and screening profile.
• Request your own details from Justid if necessary.
• Distinguish between lookback period and retention period.
• Only substantiate relevant personal circumstances.
• Monitor Justis mail and response times immediately.