Judicial Documentation System
The Judicial Documentation System (JDS) is the national database in which the Dutch justice system records criminal offenses and judicial antecedents of individuals. For residents of Delft, this system is crucial when applying for a Certificate of Conduct (VOG), for example, for employment at local companies in Delft or with the Municipality of Delft. The JDS contains information on convictions, discontinuations, and settlements, and is used by employers, courts, and residents in the region.
What Does the Judicial Documentation System Mean for Delft?
The JDS is managed by the National Judicial Documentation System (NJDS) under the Ministry of Justice and Security. It records judicial data on Dutch nationals and foreigners who come into contact with the justice system in the Netherlands, including cases handled by the District Court of The Hague, which has jurisdiction over Delft. This confidential database is not public but accessible to police, the Public Prosecution Service (PPS), courts, and authorities.
In addition to full criminal cases, the JDS includes settlements (such as fines without trial) and discontinuations (termination of prosecution). This provides justice authorities in the Delft region with a complete overview of antecedents, essential for assessing recidivism risk or suitability for jobs.
Legal Basis of the JDS
The JDS is governed by the Police Data Act (PDA), which replaced the previous Judicial and Police Data Act as of 1 January 2015. Key provisions:
- Article 4 PDA: Judicial data as police information on suspects, convicts, or victims.
- Articles 16-22 PDA: Rules on processing, storage, and access.
- Article 35 GDPR: Personal data must be processed lawfully and proportionately.
Retention periods are set by the Police Data Retention Periods Regulation, ranging from 2 to 40 years depending on the severity of the offense.
How Does the JDS Work in Practice?
Data enters the JDS as soon as someone becomes a suspect in a criminal case. Police, PPS, and the District Court of The Hague report this to the NJDS, linked to a unique judicial documentation number (JDN) based on name, date of birth, and address.
Consultations occur for:
- Screening for job applications in Delft (VOG via Justis).
- Checks for repeat offenses.
- Residence or work permits in the region.
- Access: Request your own documentation from Justis (€20-€30). Assistance via Juridisch Loket Delft.
- Correction: Rectify errors with the NJDS or court (art. 41 PDA).
- Deletion: Automatic after retention period.
The JDS is linked to systems such as the police HIS (Identification and Information System).
What Data Is Stored in the JDS?
Only judicial reports are recorded. Overview:
| Category | Examples | Retention Period |
|---|---|---|
| Convictions | Prison sentence, community service, fine | 5-40 years after ECLI |
| Settlements | Fine for traffic violation | 2-5 years |
| Discontinuations | Termination due to insufficient evidence | 5 years (longer for serious cases) |
| Other | Conditional discontinuation, youth sanctions | Variable, often shorter |
Data on children under 12 is absent; young people have shorter periods.
Rights and Obligations Regarding the JDS
Your rights as a resident of Delft:
Obligations: Be honest in VOG applications; lying is punishable.
Practical Examples from Delft
Example 1: Delft resident Jan accepts a €400 settlement in 2015 for a small cannabis grow. It remains in the JDS for 5 years. In 2022, he applies for a job at a local security firm; the VOG is denied due to the record.
Example 2: Sara from Delft receives a discontinuation for shoplifting at a city center store due to lack of evidence. The discontinuation remains for 5 years. During a rental check via the Municipality of Delft, the landlord sees it; Sara requests correction via Juridisch Loket Delft.
Example 3: A Delft company screens staff for finance roles via VOG. JDS shows an old fraud conviction (20-year retention), leading to dismissal.
Link to Criminal Record and VOG
The JDS forms the core of your criminal record. A VOG is issued if the JDS shows no objections for the role. More info: Criminal Record and VOG. Contact Juridisch Loket Delft for personal advice.
Frequently Asked Questions
Can I access my JDS data as a resident of Delft?
Yes, request a 'personal declaration' from Justis (€25, within 4 weeks). Need help? Call Juridisch Loket Delft or visit justis.nl.
How long are data retained?
From 2-5 years for fines to 40 years for serious sentences. Destroyed after period; see Police Data Retention Periods Regulation.
Incorrect information in JDS?
Request correction from NJDS. No resolution? Approach District Court of The Hague or Juridisch Loket Delft.