Judicial Documentation System
The Judicial Documentation System (JDS) is the national database where the Dutch judiciary records criminal offenses and judicial antecedents of individuals. For Tilburg residents, this system is essential for matters such as a Certificate of Conduct (VOG), for example, when working in local hospitality or for the Municipality of Tilburg. The JDS contains information on convictions, sepots, and transactions, and is accessed by employers, the District Court of Zeeland-West-Brabant in Breda, and Tilburg citizens.
What Does the Judicial Documentation System Mean for Tilburg?
Managed by the National Judicial Documentation System (NJDS) of the Ministry of Justice and Security, the JDS stores judicial data on Dutch citizens, including those from Tilburg, and foreigners in the Netherlands. This confidential database is not public but accessible to police, the Public Prosecution Service (PPS), the District Court of Zeeland-West-Brabant (Breda location), and other authorities.
In addition to full criminal cases, the JDS records transactions (such as fines without trial) and sepots (discontinuance of prosecution). This provides Tilburg authorities with a complete overview of a person's history, useful for risk assessments in regional employment.
Legal Basis of the JDS
The JDS is governed by the Police Data Act (PDA), which replaced the old Judicial and Police Data Act on January 1, 2015. Key provisions:
- Article 4 PDA: Judicial data concerns suspects, convicts, or victims.
- Articles 16-22 PDA: Cover storage, retention, and access.
- Article 35 GDPR: Ensures lawful and proportionate processing.
Retention periods are set in the Police Data Retention Periods Decree, ranging from 2 to 40 years depending on the severity of the offense.
How Does the JDS Work in Practice?
Data enters the JDS upon suspicion in a criminal case. Police, PPS, and courts such as in Breda forward information to the NJDS, linked to a unique judicial documentation number (JDN) based on personal details.
Consultations occur for:
- VOG screening for job applications in Tilburg.
- Recidivism checks.
- Residence or work permits.
The JDS is linked to police systems such as the HIS.
What Data Is in the JDS?
Only judicial notifications are recorded. Overview:
| Category | Examples | Retention Period |
|---|---|---|
| Convictions | Prison sentence, community service, fine | 5-40 years after judgment |
| Transactions | Fine for parking in Tilburg | 2-5 years |
| Sepots | No prosecution due to lack of evidence | 5 years (longer for serious offenses) |
| Other | Conditional sepot, youth cases | Variable, often shorter |
Children under 12 are not registered; juveniles have shorter periods.
Rights and Obligations Regarding the JDS
Your rights as a Tilburg resident:
- Access: Request your own documentation from Justis (€20-€30). Assistance via Legal Aid Office Tilburg.
- Correction: Rectify errors with NJDS or court (art. 41 PDA).
- Deletion: Automatic after retention period.
Obligations: Be honest in VOG applications; lying is punishable.
Practical Examples from Tilburg
Example 1: Jan from Tilburg pays a €400 transaction in 2015 for a small cannabis grow. It remains in the JDS for 5 years. In 2022, he applies for a job at a Tilburg security firm; VOG is denied due to the record.
Example 2: Sara from Reeshof receives a sepot for shoplifting due to mistaken identity. After 5 years, it blocks housing; she requests access and correction via Legal Aid Office Tilburg.
Example 3: A Tilburg company checks an old fraud conviction (20-year retention) via VOG, 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 is clear for the role. More info: Criminal Record and VOG.
Frequently Asked Questions
Can I access my JDS data?
Yes, request a 'personal declaration' from Justis.nl (€25, within 4 weeks). Advice from Legal Aid Office Tilburg.
How long are data retained?
From 2-5 years (fines) to 40 years (serious sentences). See Police Data Retention Periods Decree.
Incorrect info in JDS?
Request correction from NJDS. No response? Go to court or Legal Aid Office Tilburg.