Dismissal, “Expungement,” and NBI Clearance Issues

Scope and purpose

This article explains what “clearing your record” can realistically mean in the Philippine setting when the underlying allegation is slight physical injuries (a light offense under the Revised Penal Code), and how dismissals, acquittals, settlements, and post-case paperwork interact with NBI clearance results. It also covers common “hit” scenarios and practical documentation pathways.

1) Understanding “slight physical injuries” and why it matters for record-clearing

1.1 What “slight physical injuries” generally means

Under the Revised Penal Code (RPC), “physical injuries” are categorized mainly by the healing period / incapacity and the seriousness of the harm. “Slight physical injuries” is the least serious category, typically involving:

short healing time (often a few days),
minor injury,
no long-term impairment.

In practice, the charge classification usually depends on medical findings (e.g., medico-legal certificate, attending physician statements) and the prosecution’s assessment.

1.2 Why the category affects procedure

Because slight physical injuries is commonly treated as a light offense, it often:

goes through barangay conciliation (Katarungang Pambarangay) before court filing, if the parties are within the barangay jurisdiction and no exception applies;
prescribes faster than more serious offenses (meaning the right to prosecute can lapse quickly if not filed on time);
is more likely to be resolved through desistance/settlement dynamics (though that does not automatically equal “expungement,” and not all compromises extinguish criminal liability).

2) What “criminal record” can mean in real life (PH context)

People use “criminal record” loosely. In the Philippines, there are multiple layers of records, each with different rules:

Barangay records

blotter/incident entries, conciliation proceedings, settlement documents.

Police records (e.g., station blotter, incident reports)

may exist even if no case is filed in court.

Prosecutor records (inquest / preliminary investigation files)

a complaint may be filed at the prosecutor level without ever becoming a court case.

Court records

the existence of a case docket number and court actions is the most formal “case record.”

Clearances / databases

National Bureau of Investigation clearance is the most commonly encountered barrier in employment and travel documentation.
Police clearances may draw from local or national systems, often tied to reported incidents or pending cases.

Key point: Clearing one layer does not automatically clean the others. The most common bottleneck is that your case disposition is not yet reflected in a clearance database, or you’re getting a “hit” due to name similarity.

3) Outcomes that help “clear” you—and what they actually do

3.1 No case filed (incident only; no prosecutor/court case)

What it means: There may be a police blotter entry or barangay blotter entry, but no formal complaint that reached the prosecutor or court.

Effect on NBI clearance: Often none—unless the entry or report was encoded into a system that feeds into “derogatory record” checks, or your name matches someone else.

What “clearing” looks like:

There is usually no universal “expungement” mechanism for blotter entries. Correction is often limited to:
- correcting inaccurate entries,
- documenting that no formal complaint proceeded,
- ensuring the record is not misattributed to you.

3.2 Complaint filed with the prosecutor, but dismissed before court

A complainant may file a complaint with the prosecutor (preliminary investigation), and the prosecutor may:

dismiss for lack of probable cause,
dismiss for insufficiency of evidence,
or the complainant may stop cooperating.

Effect: This can still cause a “hit” if the complaint was recorded and later cross-referenced for clearance. The fix is typically documentation and database updating, not “expungement.”

Documents that matter:

Prosecutor’s Resolution dismissing the complaint
Proof it became final (often via Certificate of Finality or proof no motion for reconsideration/appeal was filed within the period)

3.3 Case filed in court, then dismissed (not a conviction)

Dismissal can happen for many reasons:

lack of evidence / complainant fails to appear,
violations of procedural rights,
demurrer to evidence granted,
provisional dismissal,
withdrawal with court approval (context-dependent),
or other grounds.

Important distinction: dismissal “with prejudice” vs “without prejudice”

With prejudice: generally bars refiling (stronger “finality” signal).
Without prejudice: may allow refiling; may keep you appearing as “pending” in some contexts until the database is updated clearly.

Documents that matter:

Court Order of Dismissal
If applicable, Entry of Judgment or Certificate of Finality (strongly useful for clearing “pending” flags)

3.4 Acquittal after trial (not a conviction)

If you were tried and acquitted, that is the strongest court-based clearing outcome.

Documents that matter:

Decision/Judgment of Acquittal
Certificate of Finality / Entry of Judgment (to prevent lingering “hit”)

3.5 Conviction (including guilty plea)

A conviction is the most difficult situation to “clear” in the sense many people mean.

Reality check: The Philippines does not have a broad, routine “expungement” system like some jurisdictions where convictions can be erased after time. Instead, “cleaning up” tends to be through:

executive clemency (pardon) or similar remedies,
correcting errors,
or demonstrating completion of sentence/probation where relevant for specific purposes (though completion does not typically erase the record).

Clearing vs mitigating: Even without “erasing,” you can often address practical barriers by ensuring the database reflects:

completion of sentence,
finality,
and any clemency granted.

4) Settlement, affidavit of desistance, and barangay conciliation: what they can and cannot do

4.1 Barangay conciliation (Katarungang Pambarangay)

For many community-level disputes (often including slight injuries depending on circumstances and jurisdictional rules), the law generally expects parties to attempt settlement at the barangay level first, unless an exception applies.

If settlement happens:

It may prevent the filing of a prosecutor/court case.
It creates a paper trail that can help explain later clearance questions, but it does not automatically delete existing blotter entries.

4.2 Affidavit of desistance

Complainants sometimes execute an affidavit stating they no longer wish to pursue the case.

Critical point: An affidavit of desistance does not automatically dismiss a criminal case once filed. Crimes are generally prosecuted in the name of the People, and the prosecutor/court still evaluates whether evidence remains.

Practical effect in slight injuries cases: If the complainant is the key witness and stops cooperating, the prosecutor may dismiss for lack of evidence, or the court may dismiss after repeated non-appearance—depending on the stage and circumstances. But this still requires formal action (resolution/order), and you still need the paperwork for clearance correction.

4.3 Civil compromise and criminal liability

As a general principle, criminal liability is not freely “settled” away except in specific situations recognized by law (and subject to court/prosecutor action). Even where compromise is practically influential in minor cases, what clears you is not the handshake—it’s the formal dismissal/acquittal reflected in official records.

5) “Expungement” in the Philippines: what exists and what people confuse it with

5.1 No general expungement framework for adult convictions

In ordinary adult criminal cases, Philippine law does not operate on a broad “expunge your conviction after X years” model. When people say “expungement,” they commonly mean one of these:

Case was dismissed/acquitted and they want databases updated so clearances stop showing a hit.
Record correction because a case was misattributed (same name) or encoded wrong.
Sealing/benefits under special laws (more likely in juvenile contexts or specific statutory regimes).
Executive clemency to reduce the practical effect of a conviction.

5.2 Special contexts where “record relief” is more explicit

Some laws create stronger confidentiality or sealing concepts (commonly in juvenile justice matters), but those are context-specific and not a universal adult “expungement” system.

6) NBI clearance “HIT” mechanics and why slight injuries cases frequently trigger them

6.1 What a “hit” usually means

A “hit” typically occurs when the clearance system flags:

a pending case,
a derogatory record,
or a name match with someone who has a record.

Many hits are false positives due to common names. Even if your case was dismissed years ago, a hit can continue if:

the database was never updated with the final disposition,
the disposition was recorded but not linked properly to your profile,
documents exist but were not transmitted/recognized by the system,
or your name matches someone else and needs fingerprint-level differentiation.

6.2 What resolves an NBI hit in practice

The usual resolution pathway is disposition + finality + identity match clarity.

Most useful documents:

For prosecutor-level dismissal: prosecutor Resolution (and proof of finality if available).
For court dismissal/acquittal: court Order/Decision + Certificate of Finality / Entry of Judgment.
If the case was archived or provisionally dismissed: documentation showing current status and whether refiling is barred.
For mistaken identity: any documentation showing you are not the respondent/accused, plus identity confirmation steps (fingerprints/biometrics in the clearance process often handle this, but paperwork may still be required).

7) Step-by-step “record clearing” playbooks by scenario

Scenario A: Police blotter only, no prosecutor/court case

Identify where the entry exists (barangay, police station).
Request a certified copy of any relevant entry if you need to prove what actually happened.
If incorrect (wrong name/details), pursue correction through the office that made the entry.
For clearance issues, prepare a concise set of documents showing:
- no formal case filed (if you can obtain proof from prosecutor/court that no case exists under your name, that helps, but availability varies).

Scenario B: Prosecutor complaint dismissed before court

Obtain the prosecutor’s Resolution dismissing the complaint.
Obtain proof it is final (where possible).
Present it for database updating purposes when you get a hit, keeping copies.

Scenario C: Court case dismissed

Secure a certified true copy of the Order of Dismissal.
Obtain Certificate of Finality / Entry of Judgment if available/applicable.
Keep the case number and court branch details consistent across all documents.
Use these documents to correct clearance flags.

Scenario D: Acquitted after trial

Secure a certified true copy of the Judgment of Acquittal.
Obtain Certificate of Finality / Entry of Judgment.
Use these to clear ongoing hits and ensure final disposition is recorded.

Scenario E: Convicted (wants maximum relief)

Identify what you’re trying to “clear” (employment barrier, NBI hit, licensing issue, travel concern).
Gather: judgment, proof of completion of sentence/probation, and any post-judgment orders.
Consider whether executive clemency is relevant (this is a separate process, not automatic).
For database accuracy, ensure the record reflects:
- correct identity,
- correct offense,
- correct status (served/completed/pardoned if applicable).

8) Dismissals that look “cleared” but still cause problems

8.1 Provisional dismissal / archived cases

A case can be “off the calendar” without being finally terminated in a way that prevents future action. This can leave ambiguous database statuses and recurring hits.

8.2 Dismissal without clear finality

If you have only an order but no clear proof it became final, a database may still treat it as unresolved.

8.3 Data entry mismatches

Small inconsistencies can cause persistent hits:

name spelling variations,
missing middle name,
wrong birthdate,
incorrect case number,
wrong court branch.

9) Prescription (time limits) and why it matters in slight injuries

Light offenses generally have short prescriptive periods. If a complaint is not filed within the legally prescribed time, prosecution can be barred. However:

“It already prescribed” is not the same as “it is cleared” unless there is a formal disposition or a recognized basis to treat it as barred.
In real-world clearance issues, you still typically need documentation showing the case is not pending and is not attributable to you.

10) Practical documentation checklist (what to keep and why)

Keep certified copies (or at least readable official copies) of:

Prosecutor’s resolution dismissing the complaint
Court order/decision dismissing the case or acquitting you
Certificate of Finality / Entry of Judgment (when available)
Any certification that the case was not filed / no record exists (when obtainable)
Government-issued IDs consistent with the name used in the case documents

This is less about “erasing history” and more about ensuring the system reflects correct and final status.

11) Legal hooks people use for correcting government records (high level)

When a clearance result is wrong (e.g., you were never the accused, or your case was dismissed but still appears as pending), the most common approach is record correction supported by official case disposition documents.

Government agencies, including Department of Justice-related offices and investigative/clearance systems, generally operate on the principle that they will update based on authoritative documents: prosecutor resolutions, court orders, and finality certifications.

Where identity confusion is the cause, biometrics and supporting documents usually resolve it, but the process can be repeated if the underlying entry remains unlinked or ambiguous.

12) Common misconceptions

“Affidavit of desistance = automatic dismissal.” Not automatic; the case still needs formal dismissal/termination.
“Settlement = expungement.” Settlement may help end a case, but the “clearing” comes from official resolution/order and database updates.
“NBI hit = criminal conviction.” A hit may be a name match or a dismissed case that wasn’t updated.
“After dismissal, it disappears everywhere.” Different record layers persist unless corrected/updated; clearance systems can lag behind.

13) Bottom line

In the Philippines, for slight physical injuries cases, “clearing a record” usually means one of three concrete things:

Ending the case formally (dismissal/acquittal or prosecutor-level dismissal before court),
Proving finality and accuracy with certified documents, and
Getting databases to reflect the correct disposition so NBI clearance stops showing a hit.

“Expungement,” in the broad sense of wiping adult criminal history as if it never happened, is not the standard mechanism; the workable path is almost always disposition + documentation + correction/update across the relevant record layers, especially for NBI clearance.