Estafa (swindling) under Article 315 of the Revised Penal Code ranges from minor to high-stakes fraud and can carry serious penalties. Even when an estafa complaint is dismissed—whether at the prosecutor’s level or by the court—its paper trail can continue to appear in background checks, immigration screens, and private databases. This article explains what “clearing your record” actually means in the Philippine context, what can and cannot be erased, and the precise steps to clean up after a dismissal.

Bottom line up front: The Philippines has no general expungement or record-sealing law. You typically cannot erase government records of a filed case. What you can do is (1) secure final dismissal documents, and (2) have all relevant agencies annotate their databases to reflect that the case was dismissed, that any warrant was recalled, and that you are cleared.

I. What “Clearance” Really Means in the Philippines

“Clearing” a dismissed estafa case is not about deletion; it is about accurate annotation across all places where the case might surface:

Prosecutor’s Office dockets (inquest or preliminary investigation records).
Court records (if an Information was filed).
Law-enforcement databases:
- NBI (hits on criminal/derogatory records).
- PNP (warrant records, blotter entries).
Immigration/Travel:
- Hold Departure Orders (HDOs) or Immigration Lookout Bulletin Orders (ILBOs)—if any were previously issued.
Private reporting services (e.g., some employers or agencies keep old copies of NBI/PNP certificates). You can’t force them to delete, but you can furnish final documents.

Because there is no expungement statute, the realistic goal is to ensure each database accurately shows “dismissed/cleared” and that active restraints (warrants, HDO/ILBO)—if any—are lifted.

II. Types of Dismissal and Their Effects

Understanding the stage at which the case was dismissed determines which records you must tidy up.

A. Dismissed at the DOJ/Prosecutor (No case filed in court)

Typical path: Complaint undergoes inquest or preliminary investigation under Rule 112; prosecutor dismisses for lack of probable cause or insufficiency.
Effect: No court case number; records remain in the prosecutor’s docket.
What you need: Certified Resolution of Dismissal and, after lapse of appeal periods, a Certification that dismissal is final (no pending appeal/motion for reconsideration).

B. Dismissed by the Trial Court (Information already filed)

Common grounds:

Rule 117 motions (e.g., lack of jurisdiction, violation of speedy trial).
Insufficiency of evidence (after demurrer or trial).
Acquittal after full trial.
Provisional/conditional dismissals that ripen into permanent dismissal after statutory periods.

Effects to watch:

Warrants (if issued earlier) must be recalled explicitly by the court.
Bail should be exonerated; secure official receipts and an Order of Exoneration.
Entry of Judgment / Certificate of Finality is crucial after appeal periods lapse.

Note on “Affidavit of Desistance”: Desistance alone is not a legal ground for dismissal; prosecutors/courts may still dismiss for lack of evidence, but you should obtain the formal Order/Resolution—not just the affidavit.

III. The Core Documents You Must Collect

Regardless of stage, assemble a clearing packet:

Prosecutor Level (no case filed):
- Prosecutor’s Resolution of Dismissal (certified true copy).
- Certification of Finality from the City/Provincial Prosecutor (that no appeal/MR remains).
Court Level (case filed):
- Order/Judgment of Dismissal or Acquittal (certified true copy).
- Certificate of Finality (after lapse of appeal).
- Order recalling any Warrant of Arrest (if applicable).
- Order exonerating Bail (if posted), plus ORs.
- Minutes/Entry of Judgment (when available).

Keep multiple certified copies. You will present these repeatedly.

IV. Step-by-Step: Clearing Across Agencies

1) National Bureau of Investigation (NBI)

Why: NBI clearances will often show a “HIT.” Even after dismissal, the hit can continue until Quality Control updates the annotation.

How to clear:

Apply for an NBI Clearance.
If you receive a HIT, you’ll be instructed to appear at NBI Quality Control (main or satellite).
Present your clearing packet (see Section III).
NBI annotates its database (e.g., “Dismissed per [court/prosecutor], [date/case no.]”), after which you can reprint a clearance reflecting you are cleared.

Tip: Bring government ID, photocopies of all documents, and a short cover letter listing the exact entries you want annotated (case numbers, dates, court/prosecutor office).

2) Philippine National Police (PNP)

Why: If a warrant issued previously, PNP records may still show it until a Recall Order is circulated.

How to clear:

Visit the station/office that handled the warrant or blotter entry (or the Warrant Section of the provincial/city office).
Submit the Court Order recalling the warrant and final dismissal documents.
Request written acknowledgment that the warrant record has been updated or entered as “recalled/cleared,” and ask for a certification, if available.
If there is a police blotter entry tied to your name, request annotation that the case was dismissed (police blotters are historical logs and are not deleted).

3) Prosecutor’s Office (if dismissal happened at court or at DOJ)

If the dismissal occurred at court, provide a certified copy of the Order of Dismissal/Acquittal and Certificate of Finality to the Office of the City/Provincial Prosecutor to ensure their docket is annotated.
Request a Certification noting the case’s final outcome for future presentation to employers, banks, or foreign embassies.

4) Courts

Ensure the case jacket shows the final outcome and that Orders recalling warrants and exonerating bail are duly released to PNP/NBI—some courts do this routinely, some require follow-up.
Obtain additional certified copies as needed (these often expire for submission purposes after a period set by recipients).

5) Immigration (HDO/ILBO)

If an HDO (issued by a court) or ILBO (issued by DOJ) was previously in place:

For HDO: File an ex parte motion (or appropriate motion) before the issuing court to lift/recall the order after dismissal; secure the Order lifting HDO and follow through with the Bureau of Immigration so they annotate your travel record.
For ILBO: Write the DOJ (or move in the same case file) to lift the ILBO, attaching the final dismissal documents; coordinate with the Bureau of Immigration so your name is cleared in their look-out list.

Always request written confirmation from BI that the hold/lookout annotation has been removed.

V. Data Privacy & “Right to Erasure”: What You Can and Can’t Demand

The Data Privacy Act (DPA) provides a right to correction/rectification and blocking of inaccurate or excessive personal data. You can rely on this to request accurate annotations (e.g., “case dismissed on [date]”) in public records.
However, erasure/deletion is not absolute, particularly for records that agencies must keep for legal obligations or public interest (e.g., criminal dockets, court records, police blotters). Expect annotation, not deletion.
If an agency refuses to annotate despite final documents, you may:
- Write a formal DPA request citing your right to accuracy and proportionality.
- Elevate unresolved disputes to the National Privacy Commission (NPC) via complaint, focusing on the accuracy of personal data.

VI. Special Issues for Estafa

Civil liability ex delicto may persist independently. A criminal dismissal or acquittal does not automatically extinguish civil liability unless the judgment so states (e.g., that act or omission did not exist).
If a dismissal was provisional (Rule 117, Sec. 8), verify whether it has ripened into permanent dismissal after the relevant period; otherwise, refiling may still be possible.
Estafa’s penalty depends on the amount defrauded and can cross thresholds that affect:
- Prescriptive periods.
- Speedy trial computations.
- The waiting time before a provisional dismissal becomes permanent (offenses punishable by more than six years typically carry longer waiting periods).

VII. Typical Timelines & Practical Tips

Appeal/Finality windows: After a prosecutor’s dismissal, parties may move for reconsideration or appeal; after a court dismissal, parties may appeal within set periods. Wait for (or actively obtain) Certificates of Finality before clearing.
Name variants: If you have aliases or name variations, bring IDs and include those variants in your annotation request to NBI/PNP to avoid future hits under a different spelling.
Keep a “Clearing File”: One envelope with:
- Government IDs.
- All certified orders/resolutions.
- Certificate of Finality.
- Warrant Recall and Bail Exoneration (if any).
- Short personalized cover letter summarizing what you want annotated (attach copies).
Renewed NBI clearance: After annotation, apply for a fresh clearance to confirm your record now reads “NO RECORD” or “CLEARED” without a hit.

VIII. Sample Wording You Can Re-use

A. Cover Letter for NBI/PNP Annotation

Re: Request to Annotate Records – Dismissed Estafa Case I respectfully request annotation of my records to reflect the final dismissal of Criminal Case/Complaint [No. ______], entitled [People v. ______ / [Complainant] v. [Your Name]]. Attached are certified copies of the [Resolution/Order of Dismissal], Certificate of Finality, and Order recalling warrant/exonerating bail (if applicable). Kindly update your database to reflect that the case was dismissed on [date], final and executory, with no outstanding warrants/holds. Please issue a brief written acknowledgment once updated. Thank you.

B. Motion to Lift HDO (outline)

Caption and case title
Urgent Motion to Lift/Recall HDO
Brief narration: dismissal/acquittal; finality; no risk of flight; compliance history
Prayer: lift/recall the HDO; direct transmittal to BI
Attach: Order/Decision, Certificate of Finality, valid IDs

IX. Common Pitfalls

Assuming deletion is possible—expect annotation instead.
Failing to recall a warrant after dismissal—leads to hits/arrests on old entries.
Relying on an Affidavit of Desistance without securing a formal dismissal order.
Not following through with BI even after a court order lifting HDO—BI must update its own list.
Letting name mismatches persist—declare and clear all aliases/variants.

X. Quick Checklist

Get certified dismissal (prosecutor or court).
Obtain Certificate of Finality.
If any warrant existed: secure and circulate Recall Order (court → PNP/NBI).
If HDO/ILBO existed: obtain Order/Lifting and confirm BI annotation.
Visit NBI Quality Control with your clearing packet; confirm updated annotation.
Update PNP warrant/blotter entries with annotations.
Keep multiple certified copies; test by re-applying for NBI Clearance.

XI. When to Consult Counsel

If the dismissal is not yet final or is provisional, or if civil claims remain.
If there was a warrant/HDO/ILBO and you need urgent lifting.
If any agency declines to annotate despite complete, final documents.
If the case involved large amounts (estafa penalties and timelines vary with the value defrauded).

Final Word

In the Philippines, “clearing” a dismissed estafa case is a follow-through process, not a single form. With the right certified documents and agency-by-agency annotations, you can ensure that future background checks—including NBI and immigration—accurately show that your case has been dismissed and is final.