In the Philippines, the National Bureau of Investigation (NBI) Clearance is a vital document for employment, travel, and various government transactions. However, many individuals are surprised to find a "HIT" on their record due to a previously dismissed case, such as Estafa.
A "Hit" does not necessarily mean you have a criminal record; it simply means there is a namesake or a pending/previous record linked to your name in the NBI database. If the case was already dismissed, you have the right to have your record cleared.
Understanding the NBI "Hit"
When you apply for a clearance, the NBI system cross-references your name against their criminal database. If a match is found, the issuance is delayed (usually by 5 to 10 working days) to allow for manual verification. If the match is indeed you and involves a dismissed case, the status will remain in the system until you proactively provide proof of the case's resolution.
Step-by-Step Process to Clear Your Record
1. Obtain the Certificate of Finality or Order of Dismissal
The NBI cannot clear a record based on verbal testimony. You must provide official court documents.
- Where to go: Visit the specific branch of the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC) where the Estafa case was filed.
- What to request: Ask for a Certified True Copy of the Order of Dismissal or a Certificate of Finality. The Certificate of Finality is often preferred as it proves that the dismissal can no longer be appealed by the prosecution.
2. Secure a Court Clearance
While at the court, it is advisable to request a Court Clearance stating that you have no more pending criminal cases in that specific jurisdiction. This serves as supplementary proof of your "clean" status.
3. Visit the NBI Quality Control Office
You cannot clear a "Hit" at a satellite NBI kiosk (like those in malls). You must go to the NBI Main Office (Quality Control Division) or the specific regional office designated for records updated.
- Present your documents: Submit the Certified True Copy of the Dismissal Order/Certificate of Finality to the NBI Clearance Officer.
- Affidavit of Denial (If applicable): If the case involves a person with the same name as yours (a "false hit"), you may be required to sign an Affidavit of Denial asserting that you are not the person mentioned in the criminal record.
4. Verification and Updating
The NBI will verify the authenticity of the court documents. This process may take a few days as they coordinate with the originating court. Once verified, the NBI will update its database to reflect that the case has been dismissed.
Important Considerations for Estafa Cases
Estafa is a criminal offense involving deceit or abuse of confidence. Because it is a "Title X" crime (Crimes Against Property), the NBI is particularly rigorous in verifying its resolution.
- Provisional Dismissal: If the Estafa case was "provisionally dismissed," it means it can be revived within a certain period (usually 2 years for offenses punishable by more than 6 years). The NBI may require proof that the provisional dismissal has become permanent.
- Dismissal via Compromise: If the case was dismissed because you settled the civil liability (e.g., paid the amount owed) and the complainant executed an Affidavit of Desistance, ensure the Court Order explicitly states the case is dismissed with prejudice or is final.
Common Obstacles
| Obstacle | Solution |
|---|---|
| Archived Case | If a case was archived because you weren't notified, you must file a motion to revive and then move for dismissal if the grounds are valid. |
| Lost Court Records | If the court records were destroyed (fire/flood), you must secure a Certification of No Records Available from the Clerk of Court and potentially reconstruct the case history. |
| Outdated Database | Sometimes the NBI database lags behind court resolutions. Always keep a personal "Golden Copy" of your dismissal papers for future clearance renewals. |
Note: Clearing your NBI record is a personal administrative responsibility. The courts do not automatically notify the NBI of every case dismissal. Once your record is updated, subsequent clearance applications should no longer result in a "Hit" for that specific case.