CRIMINAL RECORD CHECK PROCEDURES IN THE PHILIPPINES (A practitioner-oriented legal article, updated to 15 May 2025)

I. Introduction

Whether you are applying for a job, emigrating, incorporating a company, adopting a child, getting a firearms licence, bidding for a government contract, or simply renewing your professional ID, you will almost certainly be asked for proof that you have “no criminal record.” In the Philippines that proof is obtained through one—or a combination—of several official clearances. This article collects, in one place, everything a lawyer, HR officer, compliance officer or ordinary citizen needs to know about Philippine criminal-record checks: the legal basis, the agencies involved, the step-by-step procedures, current fees, validity periods, privacy rules, common pitfalls and the limited remedies for expungement or annotation of records.

II. Sources of Criminal-Record Data

Clearance	Issuing Authority	Scope	Typical Uses	Validity (practice)	Fees*
NBI Clearance	National Bureau of Investigation (NBI)	National—convictions and pending cases in all courts & prosecution offices	Employment (local & overseas), immigration, adoption, licensure, corporate officers	6 mo. to 1 yr. (many employers accept 6 mo.)	₱130 + e-payment service fee
National Police Clearance	Philippine National Police, National Police Clearance System (NPCS)	National—PNP arrest & warrant databases + local police blotter	Employment, firearm licence, private security guard licence	6 mo.	₱180
Barangay Clearance	Punong Barangay	Barangay blotter & community reputation	Local job applications, small contracts	6 mo.	₱50–100 (varies)
Court Clearance	Clerk of Court, RTC/MTC/MeTC/CTA/SB	Docket of that court: pending & terminated cases	Candidacy for public office, naturalisation	1 yr.	~₱50 per certificate + ₱25 documentary stamp
Prosecutor’s / NPS Clearance	Office of the City/Provincial Prosecutor (NPS-DOJ)	Pending criminal complaints under preliminary investigation	Government employment, security sector	6 mo.	₱115
Ombudsman Clearance	Office of the Ombudsman	Administrative/criminal cases v. public officers	Appointment/election to public office, government procurement	1 yr.	₱150
BI Certificate of No Derogatory Record	Bureau of Immigration	Immigration watch-lists, hold-departure/orders	Visas, ACR-I-Card renewal, naturalisation	3 mo.	₱500 + ₱10 legal reser.

* Fees are standard national rates in effect 2025; local ordinances may impose small surcharges.

III. Legal and Regulatory Framework

Constitution, Art. III § 7 – Right of the people to information on matters of public concern.
Republic Act (RA) 10867 (NBI Reorganisation and Modernisation Act, 2016) – Gives NBI sole national clearing-house authority for criminal-record certification.
RA 6975 & RA 8551 (PNP Laws) + PNP Circular 2018-08 – Create the NPCS and define the National Police Clearance as a national document.
RA 10173 (Data Privacy Act, 2012) – Governs collection, processing, retention and disclosure of personal data in clearances; requires consent, proportionality and security measures.
Rule XIII, Omnibus Rules Implementing the Labor Code & DOLE Department Order 53-03 – Permit employers to require clearances but only insofar as “reasonable, necessary and relevant.”
A.M. No. 02-1-11-SC – Supreme Court guidelines on annotation and correction of NBI “HIT” findings (implemented by NBI Memo Circular No. 2018-05).
1968 Vienna Convention on Consular Relations & 2019 Hague Apostille Convention – Require DFA authentication/apostille of NBI Certificates for overseas use.

IV. Step-by-Step Procedures

A. NBI Clearance (most widely accepted)

Online Registration – Go to clearance.nbi.gov.ph, create an account, encode demographic data.
Set an Appointment – Choose NBI site (main office Taft Ave. or any satellite/Robinsons mall) and date / time.
Pay Online – Select e-payment channel (GCash, Maya, debit/credit card, 7-Eleven, Bayad Center). Standard fee ₱130 plus ₱25 service charge.
Biometrics Capture – On appointment day: present QR code and one valid government ID; fingerprints, photo and digital signature taken.
Verification – System auto-matches name and biometrics against criminal database. If “No Record Found,” certificate prints immediately. If “HIT,” applicant is told to return on a follow-up date for manual verification.
Release – Certificate issued in A4, blue security paper, with QR code; validity not printed but generally recognised for 6 months–1 year.
For Overseas Use – Bring original to DFA Apostille Walk-In Centres (ASEANA, consular field offices); ₱100 authentication fee, released in one working day.

Common Pitfall – HIT A “HIT” simply means a possible name match. After manual verification, outcomes are:

“No Derogatory Record” → clearance issued; or

“With Pending Case/Conviction” → certificate still issued but stamp states the nature/status of the case. If the pending case has been dismissed/acquitted, present certified copy of dismissal order so NBI can annotate.

B. National Police Clearance

Register at pnpclearance.ph, upload 2 valid IDs.
Book an appointment at any city/municipal police station enabled under the NPCS.
Pay ₱180 via LandBank LinkBiz/GCash or at the station’s cashier.
At the station: finger scan, photo, signature; background check runs across PNP e-Warrant System, E-Rouge Gallery, and local blotter.
Printed on security paper with QR; downloadable pdf stored in profile for 6 months.

Tip – A National Police Clearance can be upgraded to an International Police Clearance (for visa applications) by adding an apostille at DFA. Foreign embassies, however, still prefer the NBI Certificate.

C. Barangay Clearance

Personally appear at barangay hall where you reside.
Bring cedula (Community Tax Certificate) + 1 ID, and recent proof of residence if requested.
Pay the fee fixed by barangay ordinance.
Clearance issued the same day. Contains statement of “no derogatory record” in the barangay blotter.

D. Court and Prosecutor Clearances

Court: File a request with the Office of the Clerk of Court (RTC/MTC) with jurisdiction over your place of residence or where a case might be filed. The clerk issues a certification after checking the docket.
Prosecutor: Similar process at the Office of the City or Provincial Prosecutor; they search the e-Subpoena System and docket books.

These clearances are usually required only for elective office, IPOPHIL patent agents, or high-risk government posts.

V. Typical Use-Cases and Mandatory Requirements

Purpose	Statutory / Regulatory Basis	Required Certificate
Employment in BPOs, banks, casinos, sensitive industries	BSP Circular 706; AMLA rules; DOLE D.O. 53-03	NBI + Police
Overseas Employment Certificate (OEC) / work visa	POEA/DMW Rules; Host-country embassy checklist	NBI apostilled
Firearms Licence	RA 10591; PNP Implementing Rules	NBI + Police
Adoption (RA 11642)	DSWD Administrative Order 3-2022	NBI
Drivers of ride-hailing/food-delivery apps	LTFRB MC 2019-036; TNC policy	NBI
SEC Incorporators/Directors	SEC Memo Circular 16-2019 (FIT & PROPER)	NBI
Government procurement key officers	RA 9184 IRR §25	NBI + Ombudsman
Student visa for study abroad	Host-country immigration	NBI / Police + apostille

VI. Privacy, Consent and Data Protection Issues

Lawful basis – Agencies rely on Art. III §⁷ (public function) and RA 10867 §11. Private employers rely on “legitimate interests” (DPA §12(f)).
Consent – Applicant’s submission of biometrics is explicit consent; revocable until certificate is released.
Data retention – NBI retains raw clearance data five years; Police Clearance System keeps records two years unless linked to an active case.
Security measures – Both NBI and NPCS use AES-256 encryption, two-factor access and audit logs (per NPCS Admin Circular 2024-01).
Right to access and correction – Data subjects may file a verified letter to NBI’s Data Protection Officer to correct mis-encodings or delete acquitted cases; NBI must act within ten days (NPC Circular 2023-02).

VII. Updating, Annotation and the (Limited) Concept of “Expungement”

The Philippines has no statutory expungement regime like some common-law jurisdictions. Criminal judgments remain on record permanently, although:

Acquittal or Dismissal – Present certified copy to NBI HIT Section → entry in database marked “dismissed/acquitted” → future clearances will read “No Derogatory Record.”
Presidential Pardon or Amnesty – Implementing order sent by DOJ to NBI & PNP for annotation.
Sealed Juvenile Records – RA 9344 (Juvenile Justice and Welfare Act) seals CICL records; NBI prints “Record Not Available Pursuant to RA 9344.”
Administrative cases at Ombudsman can be deleted five years after exoneration (Ombudsman Rule XI).

VIII. Digital Transformation and Upcoming Changes

e-Gov PH Super App (2024 launch) – By Q3 2025, NBI Clearance renewal can be done entirely in-app for applicants with biometric data from 2021 onwards.
PhilSys Integration – Pilot sites (Quezon City, Cebu, Davao) already allow PhilSys ID as sole ID; fingerprint capture time cut by 40 %.
Cross-border e-apostille – DFA testing electronic apostille with QR verifiable by 122 Hague-Convention states, eliminating physical red ribbon.

IX. Practical Tips & Common Issues

Scenario	What to Do
Name similarity results in repeated HITs (e.g., “Juan Dela Cruz”)	Bring birth certificate + notarised Affidavit of One and the Same Person every time; request NBI “Quality Control” to attach it to master file.
Lost clearance, still within 6 months	Log in online → reprint NBI certificate (digital copy accepted by most embassies since 2024).
Foreign embassy requires “police certificate”	Submit NBI Clearance and NPCS Police Clearance, both apostilled; note that some (e.g., Canada) accept only NBI.
Employer insists on “no pending case” notation	After NBI clearance release, request additional Certification (§6, NBI Memo 2022-04) indicating “No Pending Criminal Case.”
Court clearance needed in province where you have never lived	File via e-Judiciary Request Portal (piloted 2024); pay online; certificate couriered or picked up.

X. Conclusion

In the Philippines, criminal-record checking is a multi-layered system anchored on the NBI Clearance but supplemented by police, barangay, court, prosecutor and Ombudsman certifications according to purpose. Digital reforms have vastly simplified the process, yet privacy and due-process safeguards—largely under the Data Privacy Act—limit indiscriminate use. There is no true expungement, but annotation after dismissal or acquittal is available. Practitioners should be mindful of each certificate’s legal reach, validity, and the need for apostille when the document will cross borders. A well-prepared applicant who brings complete IDs, knows the online portals, and understands the implications of a “HIT” can finish the entire process—from NBI appointment booking to apostilled certificate—in under one week.