Clearance Process for an NBI “Hit” After Court Dismissal (Philippines) Everything you need to know, from the legal foundations to practical, on-the-ground steps
1. Background: Why “Hits” Happen
What a “Hit” Means When you apply for a National Bureau of Investigation (NBI) Clearance, your name is run against the NBI’s database of criminal cases. A “Hit” means the system found a person with the same or similar name that is (or was) involved in a criminal complaint, warrant, or court case.
Common Sources of Hits
- Active warrants of arrest or pending complaints
- Archived cases that have not yet been tagged as terminated
- Older records that were dismissed but not updated in the database
- Mere name coincidence with someone else
After a Case Is Dismissed Even when a court has already dismissed or acquitted you, the NBI database may still carry the record. You must ask the NBI to update or lift the hit so you can obtain a “clean” clearance.
2. Legal & Regulatory Framework
| Provision | Key Points |
|---|---|
| Rule 131, Rules on Evidence | A judgment of acquittal or dismissal is prima facie evidence that the accused has no criminal liability. |
| Administrative Order No. 41 (DOJ, 1989) & DOF Dept. Circ. 001-13 | Instruct agencies—including the NBI—to expunge records when an accused is exonerated. |
| RA 10867 (NBI Reorganization and Modernization Act) | Empowers the NBI to maintain criminal histories and obliges it to “immediately update” when a case is terminated. |
| Data Privacy Act (RA 10173) | Requires personal data, including criminal histories, to be accurate and up-to-date; a dismissed case without updates violates data-quality principles. |
| Relevant Jurisprudence | – Morales v. Sandiganbayan, G.R. 217126 (2015) – prescribes automatic expungement upon dismissal – People v. Dizon, G.R. 122290 (1998) – recognizes administrative duty to correct criminal records |
3. Documentary Requirements
Primary Court Documents
- Certified true copy of the Order of Dismissal or Judgment of Acquittal.
- Certification of Finality (issued by the clerk of court once the judgment is final and unappealable).
- Entry of Judgment (often merged into the certification).
Supporting IDs
- Two government-issued photo IDs (passport, driver’s license, UMID, PhilSys, etc.).
- If you used an alias or married name, bring proof of change of name (e.g., PSA marriage certificate, court approval of change of name).
NBI Forms (available on site)
- “A-Verification Slip”: A request form to verify and annotate the dismissal.
- “Quality Control Interview Sheet”.
Fees
- Standard NBI clearance fee (₱130–₱170 depending on satellite office).
- No additional fee is legally chargeable for lifting a hit, but some regional offices impose a small verification fee (₱50–₱100) under local revenue-raising ordinances—ask first.
4. Step-by-Step Process After a Court Dismissal
| Step | Where | What Happens | Typical Timeline |
|---|---|---|---|
| 1. Online Application | NBI Clearance Online Portal | File a new clearance application; choose a schedule. | 10–15 min |
| 2. Biometrics & Initial Verification | Chosen NBI Outlet | You’re fingerprinted; the system flags the “Hit.” You receive a Verification Slip directing you to Quality Control Division (QCD) at NBI Main (Taft Ave., Manila) or the regional QCD. | Same day |
| 3. File Request to Lift Hit | NBI QCD Window | Submit dismissal & finality docs + IDs ✦ QCD issues “Acknowledgment Receipt” (AR). | 30 min |
| 4. Record Evaluation | Back-office HQ | – Legal Researcher checks authenticity of court docs. – If okay, encodes “case dismissed” annotation in database and recommends approval. |
3–7 working days (Metro Manila); 7–15 working days (regional) |
| 5. Clearance Printing | Same QCD window | After approval, proceed to printing desk; your NBI Clearance will now state “No derogatory record.” | 15 min |
| 6. Release / Courier | On-site or via LBC | Walk-in pick-up, or pay courier fee (₱200–₱350) for door-to-door delivery. | 1–3 days for courier |
Tip: If you need the clearance for overseas employment (POEA or DFA apostille), ask the QCD to stamp “MULTI-PURPOSE” to avoid re-applying.
5. Special Scenarios & Practical Advice
| Scenario | What to Do |
|---|---|
| Case dismissed without certification of finality yet | Ask the court for an “Order of Dismissal” and a Motion to Issue Certificate of Finality. Courts usually grant it after 15 days if no prosecution appeal. |
| Case archived or provisionally dismissed | The NBI will treat it as still pending. You must secure a court order lifting the archive or a final dismissal. |
| Same-name “Hit” (you were never the accused) | Provide an Affidavit of Denial + IDs. The NBI will compare birthdates, biometrics, and, if needed, request a “Certification of Non-Identity” from the court where the criminal case is docketed. |
| Name Matches on Watch-List or Hold-Departure List | Even after clearance, BI or PNP watch-lists may not sync. Carry your court clearance documents when traveling until BI’s database reflects the dismissal. |
| Multiple dismissals in different courts | Secure certified copies from each court. The NBI may require you to file one lifting request per case number. |
6. Common Pitfalls
- Incomplete Court Papers – Photocopies or uncertified PDFs won’t be accepted.
- Unsigned Certifications – Verify the clerk of court’s wet signature and seal.
- Lapsed “Hit” Follow-Up – If you fail to return within 30 days, the request lapses; you must re-file.
- Alias Confusion – Using a nickname during arraignment but a legal name in your clearance app can cause a second hit.
- Old Warrants – Some dismissals do not cancel warrants automatically (e.g., dismissal for lack of probable cause in preliminary investigation vs. quashal of information); verify with the court.
7. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Is a dismissed case automatically deleted? | No. The court has no direct link to the NBI database; you must submit documents. |
| Can I authorize someone? | Yes, via a Special Power of Attorney with the attorney-in-fact’s valid IDs. |
| What if the prosecutor’s office, not the court, dismissed the case? | Attach the Prosecutor’s Resolution of Dismissal and the DOJ’s Certificate of Finality (for DOJ-level appeals). |
| How long is the clearance valid? | One year from date of issue. For overseas use, foreign employers often require it to be issued within the last 6 months. |
| Will the clearance show the dismissed case? | After lifting, the clearance simply states “No derogatory record.” The underlying record remains in NBI archives but is flagged “cleared.” |
8. Best-Practice Checklist
- ☐ Secure certified copies: Order, Certification of Finality, Entry of Judgment.
- ☐ Apply online, pay via e-payment channels, schedule earliest slot.
- ☐ Bring original IDs; photocopies as backup.
- ☐ At NBI outlet, keep your receipt and note your reference number.
- ☐ Follow up after 3–7 working days via the NBI Clearance portal (Track Status).
- ☐ Pick up promptly; check that QR code on clearance is scannable.
- ☐ For foreign use, have the clearance Apostilled at DFA Aseana.
9. Final Notes & Disclaimer
- Legislation evolves. Bills periodically seek to automate record-sharing between courts and NBI; monitor for updates.
- Local practices vary. Some regional NBI branches delegate quality-control to the district office; step 3 may be performed locally—ask first.
- This article is informational, not legal advice. For complex cases (e.g., expungement petitions, multiple aliases, or mistaken identity leading to arrest), consult a Philippine lawyer with experience in criminal procedure and data-privacy compliance.
With the right documents and an understanding of the workflow, clearing an NBI Hit after a court dismissal is largely a matter of process discipline—gather the correct papers, follow the NBI’s verification steps, and ensure every database that matters reflects your clean record.