1) What a “Police Clearance” is (and what it is not)
In the Philippines, a police clearance is an official document issued by a local police station or through the PNP’s national police clearance system that generally reflects whether the applicant has a record, entry, or “derogatory information” in police databases used for clearance purposes at the time of processing.
It is commonly required for employment, licensing, local transactions, or identification—but it is often misunderstood.
A police clearance is not the same as:
- NBI Clearance (National Bureau of Investigation): typically broader in scope and often the primary “background check” document required by many employers and government offices.
- Court clearance / Certificate of No Pending Case: issued by courts, not police.
- Barangay clearance: issued by the barangay, not the police.
- A legal declaration that you have “no criminal history” in the absolute sense.
Police clearances are administrative documents. They reflect what the issuing authority can confirm from its records and matching procedures, not a complete life history.
2) Direct answer: Yes, you can often still get a police clearance—but the record can affect release, timing, or the remarks
A past imprisonment record does not automatically bar you from applying for or being issued a police clearance. Many people who have been previously incarcerated are still able to obtain one.
However, a past imprisonment can affect:
- Whether the clearance will be released immediately or after further verification (e.g., a “hit” or record match).
- Whether the clearance will reflect a derogatory record/remarks (depending on the local practice/system output).
- Whether issuance will be delayed or denied if there is an active warrant, pending case, or unresolved status in records.
Because police clearance systems are built to flag potential matches, your prior record can trigger additional steps even if you have fully served your sentence and have no pending case today.
3) Why past imprisonment can show up in a police clearance process
A) Police records are not the same as court judgments—but they can be connected
A “police record” may include:
- Arrest records and booking entries
- Blotter entries / incident reports
- Case referrals
- Warrants information received from courts or other units
- Information encoded into relevant police databases
Your imprisonment usually occurred because of one of these:
- Pre-trial detention (you were detained while the case was pending), or
- Service of sentence after conviction (you served time after a judgment)
Either way, the earlier events may have generated entries that can be matched during clearance processing.
B) “Record match” does not always mean “you have an active case”
A very common issue is a name-based match—especially for common names—where the system flags you for verification even if the record belongs to someone else, or the case is already dismissed/served.
4) Common outcomes when you apply with a past imprisonment history
Scenario 1: You were convicted, served the sentence, and have no pending case/warrant
Typical result: You may still be issued a police clearance, but:
- It may require manual verification, and/or
- It may be released with remarks (this varies by issuing office/system configuration).
Key point: Completing a sentence generally means the penalty has been served, but it does not necessarily erase historical records.
Scenario 2: You were detained, but later acquitted or the case was dismissed
Typical result: You should still be able to get a police clearance, but you might be flagged if:
- The police record was never updated to reflect the dismissal/acquittal, or
- The database still contains an old entry without the final case outcome.
In practice, this scenario often requires you to present certified proof of the case outcome so the police records can be annotated/updated.
Scenario 3: You have a pending criminal case, pending warrant, or you are listed as wanted
Typical result: Expect delays, refusal to release, or referral to the concerned unit for verification and resolution.
Important distinction: A past imprisonment record is one thing; an active legal status (pending warrant/case) is another, and it is far more likely to block release.
Scenario 4: You were granted probation, parole, conditional pardon, absolute pardon, or amnesty
These have different legal effects:
- Probation (under the Probation Law, P.D. 968 as amended): you avoid imprisonment (or are released under probation conditions). Completion can restore certain rights, but it does not automatically mean all records disappear from every database.
- Parole: a conditional release after serving part of the sentence. Because parole is conditional, violations can create new issues.
- Conditional pardon: release subject to conditions; violation can lead to re-arrest/reimprisonment.
- Absolute pardon: generally restores civil and political rights unless expressly withheld, but historically it is not treated as a magical deletion of all historical records everywhere; it affects the legal consequences of conviction.
- Amnesty: generally treated as having a stronger “obliterating” effect on the offense itself (for covered offenses), but proof and proper documentation matter for record correction.
For any of these, clearance processing may still flag you unless the database entries are updated and you have documentation.
Scenario 5: You were a child in conflict with the law (CICL)
Under the Juvenile Justice and Welfare Act (R.A. 9344, as amended), proceedings and records involving CICL are generally confidential, with mechanisms aimed at preventing lifelong stigma. In principle, this area is treated differently than adult criminal records, and clearances should not be used to expose protected juvenile records.
5) What the police clearance may “say” (and why wording varies)
Practices differ by locality and system output. Some clearances are released as:
- “No derogatory record” (or similar language), or
- Released but with remarks, or
- Not released pending verification
There is no single “one-size-fits-all” format that every station follows identically in public-facing language. What is consistent is the screening and verification step when a record match occurs.
6) How the application typically works (Philippine practice overview)
While the exact steps vary depending on whether you apply locally or through a national system, the process usually includes:
- Registration/application (often online for national systems; walk-in possible in some areas)
- Identity verification (valid government IDs)
- Biometrics (photo/fingerprints/signature)
- Database check / record matching
- Payment and release (or referral/verification if flagged)
A past imprisonment history most commonly affects step 4 (record matching), which then affects step 5 (release timing/conditions).
7) Practical checklist: What to prepare if you have a past imprisonment history
To prevent delays and to address record matches, it is often helpful to have certified true copies (or official certifications) of documents showing the final legal outcome and your release status, such as:
Court documents
- Judgment/Decision (or Order of dismissal/acquittal)
- Entry of Judgment / Certificate of Finality (where applicable)
- Order lifting warrant / Quashal or recall of warrant (if there was one)
Release/Detention documents
- Release order
- Certificate of detention / certificate of time served (as applicable)
- Discharge papers or certifications from BJMP/BuCor (as applicable)
For probation/parole/pardon/amnesty
- Order of discharge (probation)
- Parole documents / certificate of compliance (if any)
- Pardon papers (absolute/conditional) or amnesty proclamation coverage proof
Having documentation does not guarantee instant release, but it often shortens the verification loop and reduces “back-and-forth.”
8) If your old case is already resolved but you keep getting flagged: record updating and correction
A recurring real-world problem is data mismatch or incomplete annotation—for example, the police record reflects an arrest, but not the later dismissal/acquittal or completion of sentence.
A) Administrative updating (common first step)
You can request that the concerned police office:
- Verify that the record refers to you (not a namesake), and
- Update/annotate their entries to reflect the final case disposition (dismissed, acquitted, served, etc.)
This typically requires presenting official documents (preferably certified true copies).
B) Data privacy angle (limited but relevant)
Under the Data Privacy Act of 2012 (R.A. 10173), individuals generally have rights related to access and correction of personal information. Law enforcement agencies may have specific exemptions and security protocols, but erroneous personal data is still a recognized concern. Practically, this framework supports the idea that inaccurate or outdated information should be corrected through proper procedures.
9) Can the police legally “refuse” to issue a clearance because you were imprisoned before?
A police clearance is not a constitutional right in the same way as due process; it is an administrative document issued based on verification policies and record checks. Refusal or delay is more commonly anchored on:
- An active warrant or wanted status,
- A pending case requiring verification,
- A “hit” needing identity confirmation, or
- Inability to validate the record status due to missing documentation or system constraints
If you believe a refusal is based on incorrect information, the most effective route is usually document-based correction and verification.
10) Employment and “second chance” realities: what a police clearance does (and doesn’t) decide
A police clearance is often treated by employers as a screening tool, but:
- It is not always comprehensive nationwide (depending on the type issued).
- It does not automatically define employability; employers apply their own policies.
- Government positions and regulated professions can have statutory disqualifications for certain convictions, but that is separate from whether a police clearance can be issued.
A person can be legally “free” (sentence served) and still face practical background-check consequences unless records are properly updated and the employer’s policy allows.
11) Key takeaways
- Yes, you can often obtain a police clearance even with a past imprisonment record in the Philippines.
- A prior imprisonment mainly affects the process through record matching, which can cause delays, verification requirements, or remarks.
- The biggest obstacles are usually active warrants, pending cases, or unresolved record entries, not the mere fact that you were imprisoned before.
- If your case is long resolved but you are repeatedly flagged, the solution is typically documentation + record updating/annotation through the proper police channels, aligned with the official court outcome.