Criminal Record Certificate Netherlands
Hildegard Lobach
A certificate of conduct (Verklaring Omtrent het Gedrag, VOG) is a document by which the Dutch Minister of Legal Protection declares that the applicant has not been convicted for any crime relevant to the performance of his or her duties.
For example, a taxi driver who has been convicted several times of drunken driving, or an accountant convicted of fraud are unlikely to be issued with a certificate. Obviously, an accountant who has been convicted of drunken driving may well be granted a certificate.
After applying for a certificate of conduct Justis consults the Criminal Records System (JDS). The Criminal Records System contains data relating to criminal offences and their outcomes, ranging from custodial sentences to payment in lieu of prosecution or the dropping of charges. Justis may also consult police files and ask the Public Prosecution Service and the probation service for information. All such information is studied and evaluated as a whole.
If Justis intends to refuse your Certificate of Conduct, you will first receive written intention stating the reasons for refusal. You are allowed to let Justis know your view with regard to the reasons for refusal. If you wish to inspect your criminal record, you should write to the Central Criminal Records Office (Justitile Informatiedienst, Postbus 337, 7600 AH Almelo), enclosing a copy of your identity document. A fee is payable for this service. You can also see your criminal record at the nearest district court (rechtbank) but you are not allowed to make copies.
Most Dutch employers do a background screening to verify employment history. Still, background checks are closely monitored by the EU General Data Protection Regulation (GDPR) to ensure the candidate's personal data privacy.
Employers must adhere to Article 88 of the General Data Protection Regulation (GDPR). Article 88 says employers can only access data directly relevant to the open role. Running a background check also requires a signed consent form from the candidate. The employer must adhere to local laws, protect the candidate's personal data, and gather only the necessary information to make the correct hiring decision.
The Netherlands has a particular framework and limitations surrounding the background screening process. During the hiring process, employers must have a legitimate reason for the employment screening related to the role. There are a few types of background checks you can do in the Netherlands.
Pre-employment screenings occur before the Dutch applicant is hired and given an employment contract. Before sending an offer letter, the employer should conduct all necessary background checks and confirm that the candidate is the right one for the vacant position.
Employers must comply with Dutch privacy laws and regulations to avoid sanctions for collecting too much information or not protecting the candidate's privacy. Any background check must be directly relevant to the job in question, including education verification, employment history, and security screening checks. Employers may not discriminate based on religion, race, gender, or other protected characteristics. The applicant's signed consent is required to conduct any background check.
A requested certificate of conduct (VOG) will be written in Dutch but accompanied by a summary in English. Any other relevant documentation to the hiring process can be submitted in Dutch or English, depending on the institution.
The Netherlands has strict regulations surrounding the privacy of job applicants under the Dutch Data Protection Authority and Article 88 of the General Data Protection Regulation (GDPR). Employers must have a legitimate reason to request a background check and must request the least amount of personal data necessary to make a hiring decision.
The employer must also request a signed consent form from the applicant to conduct a background check. Any personal data from the candidate must be stored safely until it no longer serves a purpose and permanently deleted.
As an employer, always consider the Netherlands' human rights policies when conducting background checks. It is prohibited to discriminate against applicants on factors like gender, race, age, civil status, religion, or any other protected characteristic.
For job candidates with a criminal history, employers must be careful not to disqualify job candidates just based on their criminal record, carefully considering the circumstances and background. For example, if the role involves staffing a job with a vulnerable population like children or older adults.
Depending on the industry, some background check screenings may be more relevant than others in the Netherlands. For example, a certificate of conduct is necessary for a role in childcare services and taxi driving, while a credit report is a must in accountants and finance positions.
It depends on the criminal offense. Criminal records begin at 12 years old for significant offenses like theft or murder and will appear in your certificate of conduct. For most jobs, the criminal history shared typically goes back only five years. For childcare, caregiving, and security jobs, background checks may go back up to 10 years or even longer, depending on the employer.
Immigration, Refugees and Citizenship Canada (IRCC) will send you a letter requesting a police certificate after you submit your application for permanent residence. You must submit this letter to the Dutch authorities when you apply for a police certificate.
Once you receive your police certificate, you must submit it to IRCC for further processing. You will also be requested to provide a police certificate to IRCC if you declared a criminal record on your application for an electronic travel authorization, work permit or study permit.
Please note that the Ministry of Justice may refuse to issue you a Certificate of Good Conduct if you have a criminal record. In this case, you should write to the Central Criminal Records Office to obtain a copy of your criminal record (which you will need to have translated into English or French):
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Application processes for obtaining overseas criminality information to provide to employers in the United Kingdom or to meet the requirements of the United Kingdom Immigration Rules to provide an overseas criminal record certificate in support of a visa application
In case of requesting accelerated service to receive a certificate, an applicant shall additionally supply a document confirming the payment of the amount determined by the law for the accelerated service.
A crime record certificate shall be issued in Georgian, the state language. The amount of translating 1 page (or up to 1 page) of the Georgian document subject to legalization or certification by apostille, is 20 GEL.
In accordance with the Georgian legislation, a crime record certificate is the form of strict registration and it is granted a certain number, which is registered at the Ministry of Finance of Georgia. Therefore, it is impossible to download the form of a crime record certificate.
The application can be made at the German Embassy or Consulate in the country the applicant lives now but in UK. It can also be done independent from the German Embassy as the signature on the form can also be certified by a Notary Public.
Since 1st April 2014, Greek Consular authorities no longer accept applications for Penal Records Certificates. Applicants should direct requests personally, or through a representative, to the competent authorities in Greece which are:
The authorities in Hong Kong have declared that Certificates of No Criminal Conviction (CNCC), the equivalent of a criminal records check, can only be obtained for reasons relating to applications for a visa, to visit, or to reside in another country, or for the adoption of children. However, in exceptional circumstances, they may also give consideration where a CNCC is required to meet the legal or administrative requirements of foreign countries.
In the UK, there are some statutory requirements for employers to carry out such checks but in many instances, it is only best practice to do so. If you hold an offer of employment from an official organisation or UK government authority that requires a CNCC check e.g. UCAS, a recognised education or healthcare body, you should apply directly to the Hong Kong Police.
For the application it is necessary to complete the application form for official certificate of good character in block letters according to the conventions of the Hungarian language and the photocopy of the valid passport is required too. If the application is in person, the valid ID card or passport at the lodging of the application must be presented. Downloaded the online form.
Applicants are encouraged to appear in person, post, fax or e-mail applications to the District Magistrate in Kpavogur (local and overseas), or their local police station (local applicants) (see below).
Applicants for police certificates should make an application in writing to the superintendent in charge of the district wherein they reside, or formerly resided, in the Republic of Ireland. Please go to our station directory to find out who your district superintendent is.
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