You can usually get a police clearance in the Philippines even if you previously had a criminal case that was provisionally dismissed—but there are important nuances in how that case shows up in records, especially if it was recent.
Below is a deep dive into everything that matters on this topic, in Philippine context.
1. What is a Police Clearance in the Philippines?
A police clearance is an official document issued by the local police (usually the City or Municipal Police Station) stating that, as far as their records show:
- You have no pending criminal case within their jurisdiction, and
- You are not the subject of any derogatory record in their database (or that any previous record has already been resolved).
It’s commonly required for:
- Local employment
- Business permits
- Visa applications (sometimes as a supplementary document)
- Government transactions
- School or licensing requirements
How police clearance records are checked
When you apply, the police typically:
Search your name (and aliases, if any) in:
- The police blotter
- Their crime information system / case files
Cross-check if:
- There is any pending complaint or case, or
- There was a past case, and its status (dismissed, archived, ongoing, etc.)
If something appears, your application may be flagged as a “HIT” and they might ask you for:
- Court clearance
- Copy of the dismissal order
- Certification from the prosecutor that the case has been dismissed or terminated
2. What Does “Provisionally Dismissed” Mean?
Legal basis
Under the Rules of Court, Rule 117, Section 8 (Philippine Rules of Criminal Procedure), a case can be provisionally dismissed when:
- The dismissal is made with the express consent of the accused, and
- There is notice to the offended party of the motion to dismiss.
“Provisional” means the dismissal is not yet permanent. The case can still be revived by the prosecutor within certain time limits.
Time limits before it becomes effectively permanent
If the case is not re-filed within the following timeframes, the provisional dismissal becomes a bar to further prosecution (similar to double jeopardy):
1 year from the order of provisional dismissal
- If the offense is punishable by imprisonment of 6 years or less
2 years from the order of provisional dismissal
- If the offense is punishable by more than 6 years imprisonment
After these periods, refiling is generally barred, provided the legal requirements for a valid provisional dismissal were followed (consent of the accused, proper notice, etc.).
Key point: From the moment the court issues the order of provisional dismissal, the case is already dismissed and no longer “pending” as a live case, although it remains revivable within the 1- or 2-year window.
3. Provisional Dismissal vs. Other Case Results
It helps to distinguish provisional dismissal from other outcomes:
| Status | Pending? | Can case be refiled? | Typical effect on clearance |
|---|---|---|---|
| Pending case | Yes | N/A | Big issue; usually blocks clearance |
| Provisional dismissal | No | Yes, within 1 or 2 years (if rules complied) | May appear in records; may trigger extra checks |
| Final dismissal/quashal | No | Usually no, unless dismissal without jeopardy | Usually okay once documented |
| Acquittal | No | No (double jeopardy) | Strong protection; but case history still exists |
| Conviction | Not pending after finality | No, but conviction stands | Serious impact; but you may still obtain clearance with annotation |
For police clearance purposes, what matters most is whether there is a pending case at the time you apply. A provisionally dismissed case, by itself, is not pending.
4. How a Provisionally Dismissed Case Lives in the Records
Even if your case has been provisionally dismissed, traces of it usually remain in:
- Police blotter – If the incident was reported to the police.
- Prosecutor’s Office records – If a complaint was filed and went through inquest or preliminary investigation.
- Court records – If an Information was filed and a criminal case number was assigned, then later provisionally dismissed.
These records are typically not erased, but they may be annotated:
- “Provisionally dismissed”
- “Dismissed for failure to prosecute”
- “Case dismissed without prejudice”
From the police’s perspective, their goal is to know:
- Whether you currently have any pending case or active warrant, and
- Whether you have any derogatory record that might be relevant to the purpose of the clearance.
5. So, Can You Get Police Clearance if Your Case Was Provisionally Dismissed?
Short answer
Yes, you can generally obtain a police clearance even if you had a case that was provisionally dismissed, because:
- As soon as the court issues the order of provisional dismissal, the case is no longer pending.
- Police clearance usually certifies that you have no pending case in that jurisdiction.
However:
- The police database may still show a HIT due to your name being associated with a past case.
- The station may delay releasing the clearance until you submit supporting documents (e.g., court clearance or dismissal order).
- Some stations may annotate or keep an internal note that you have a prior case which was already dismissed.
Within 1–2 years vs. after 1–2 years
Within the 1- or 2-year revivable period
- Legally, the case is still dismissed, not pending.
- Practically, some police officers may be more cautious if they see that the dismissal is provisional and the time to revive has not yet lapsed.
- They might require you to show court clearance or a certified copy of the dismissal order to confirm that no re-filing has occurred.
After the 1- or 2-year period
- If the prosecution did not refile the case within the allowed period, the provisional dismissal becomes effectively permanent, and refiling is generally barred.
- For clearance purposes, you now simply have a closed, dismissed case in your history.
- You still can get police clearance, and it becomes easier to prove that the case is long-resolved.
6. Typical Requirements and Practical Steps
A. Standard police clearance requirements
Usually, you will need:
- Valid government ID
- Payment of fees
- Filled-out application form
- Personal appearance and photo/fingerprints
B. Additional documents if you had a case (especially provisionally dismissed)
To minimize problems when a HIT appears, prepare:
Certified true copy of the Order of Provisional Dismissal
- Issued by the court where your case was filed.
Recent court clearance (from the Clerk of Court)
- This usually states that you have no pending case in that court.
Certification from the Prosecutor’s Office (where applicable)
- Stating that there is no pending complaint or refiled case against you arising from the same incident.
Your prior NBI clearance, if available
- Especially if it already reflects “No pending case” or contains an annotation that the case was dismissed.
When the police see these documents, they are more comfortable issuing the clearance, because they can confirm that:
- The case is not active, and
- There is no outstanding warrant.
7. Interaction with NBI Clearance
While your question is about police clearance, in real life, employers and foreign agencies often look more closely at the NBI clearance because it’s nationwide.
Here’s how it typically plays out:
- If you had a criminal case, your NBI application may result in a “HIT”.
- You will be told to come back with court records (dismissal, acquittal, etc.).
- Once the NBI verifies that your case was dismissed, they will annotate their system and then issue a “No pending case” clearance (sometimes with internal remarks).
Having an NBI clearance that already recognizes your provisionally dismissed case as dismissed strengthens your situation when you apply for a police clearance in any locality.
8. Common Misconceptions
1. “Because my case was provisionally dismissed, it’s like it never existed.”
Not exactly. The case:
- Did exist and was filed.
- Was dismissed, but the record remains in court and/or police databases.
- For purposes like clearances, visa applications, or background checks, this history may still come up.
2. “I cannot get a police clearance until the 1 or 2 years have lapsed.”
Not true as a general rule. From the moment of provisional dismissal:
- The case is already dismissed and not pending.
- The 1 or 2 years simply determine whether the State may still refile the case, not whether you’re allowed to get a clearance.
3. “I can have my name erased from the police blotter.”
Blotters are official records and are not normally erased. Some stations may allow annotations such as “Case dismissed” or “Settled,” but complete erasure is usually not allowed, as it affects record integrity.
9. Rights and Policy Considerations
A. Constitutional rights
- Presumption of innocence – Even if a case was filed, you remain presumed innocent, especially if the case did not even reach conviction.
- Right to due process – Any adverse action based on records (refusal to issue clearance, etc.) should be grounded in clear, lawful policies.
- Right to work and livelihood – Blanket, unjustified denial of clearances can indirectly affect your right to work.
B. Data privacy and records
Under the Data Privacy Act, your personal information (including criminal history) is subject to rules on:
- Fair and lawful processing
- Accuracy and timeliness
- Proportionality (only data necessary for the declared purpose should be processed)
However, law enforcement and court records are generally allowed to exist and be accessed for legitimate purposes (e.g., background checks, prosecution of crime), subject to statutory exceptions.
10. Practical Tips If Your Case Was Provisionally Dismissed
Secure and keep multiple certified copies of:
- The order of provisional dismissal
- Court clearance (stating no pending case)
- Any prosecutor’s certification
Check if the case was ever refiled
- Confirm at the Prosecutor’s Office and Clerk of Court after some time (especially before the 1- or 2-year deadline lapses).
- If not refiled after the appropriate period, your status is stronger: the State is generally barred from refiling.
When applying for police clearance
- Be honest if asked whether you previously had a case.
- Bring your documents.
- If the station flags a HIT, calmly present your dismissal order and court/prosecutor clearances.
For sensitive uses (e.g., immigration, overseas employment)
- Expect that the foreign embassy or agency may review your NBI clearance more heavily than local police clearance.
- Be prepared to explain, in writing, that the case was filed but was provisionally dismissed and never revived, and that you have no pending case.
11. Sample Simple Explanation You Can Use
If you’re ever asked to explain your situation (e.g., in a cover letter or interview), you can phrase it like this:
“A criminal complaint was filed against me in the Philippines, but the case was provisionally dismissed by the court with my consent. The prosecution did not refile the case within the period allowed by law, and I now have court and prosecutor certifications confirming that I have no pending case. My police and NBI clearances reflect that I have no pending criminal charges.”
You can adapt this, but that’s the basic legal idea.
12. Final Takeaways
A provisionally dismissed criminal case in the Philippines is not a pending case, although it can be revived within a certain period.
You can usually obtain a police clearance despite a provisionally dismissed case, especially if:
- You present the order of provisional dismissal, and
- You can prove there is no refiled or pending case.
The older the dismissal (especially beyond the 1- or 2-year window without re-filing), the stronger your position that the matter is legally closed.
Records of the case will almost always remain in some form, but they should not automatically bar you from receiving a police clearance, especially when the law and court documents show no pending case.
This is general legal information, not a substitute for advice from a Philippine lawyer who can review your specific documents and case history—but it should give you a solid understanding of how a provisionally dismissed case interacts with police clearance in the Philippines.