In some cases, Justis is entitled to request data from criminal records within the European Union (EU) through the European Criminal Record Information System (ECRIS). EU countries’ national criminal registers are linked within this system.
Under what circumstances does Justis view criminal records from the country of an applicant’s nationality while processing a Certificate of Good Conduct (Verklaring Omtrent het Gedrag, VOG) application?
Working with minors: all EU nationalities
If a resident of a Member State of the EU applies for a VOG with the aim of working with minors in the Netherlands, Justis will also look at criminal records from the country of the applicant’s nationality.
After all, EU Member States are obliged to issue data from criminal records if the work involves contact with children. This process is to protect children from sexual abuse and sexual exploitation.
Justis requests these data through the European Criminal Record Information System (ECRIS). EU countries’ national criminal registers are linked within this system.
Furthermore, all EU Member States have signed up to an information-sharing treaty for the purposes of exchanging irrevocable criminal convictions. For example, Belgium informs the Netherlands when Dutch citizens are convicted in Belgium. These convictions are entered into the Dutch Criminal Records System (Justitieel Documentatie Systeem, JDS). This procedure provides all EU Member States with a comprehensive overview of convictions handed down to EU citizens in EU countries.
All VOG applications for work: residents of Belgium and Luxembourg
If a resident of Belgium or Luxembourg applies for a VOG with the aim of working in the Netherlands, Justis looks at criminal records from the country of the applicant’s nationality. In other words, this process also pertains to work that does not involve contact with children.
The Netherlands issues data from criminal records to Belgium and Luxembourg as well. As there is no legal obligation to issue these data, the Netherlands, Belgium and Luxembourg have made agreements with one another on this matter.