Below is a practitioner-oriented primer that gathers the major Philippine rules, agencies, procedures, fees, and practical issues that surround criminal-record clearance. Unless otherwise noted, all statutes and administrative issuances cited are in force as of 25 May 2025 (UTC+08:00, Manila).
1 What “criminal-record clearance” means in Philippine practice
A criminal-record clearance is any official certificate stating that, as of its date of issue, the bearer has no criminal conviction or pending criminal complaint on the issuing office’s docket. Employers, embassies, licensure boards, and gun-control authorities routinely require Philippine clearances. The two most commonly asked‐for documents are the National Bureau of Investigation (NBI) Multi-Purpose Clearance and the Philippine National Police (PNP) National Police Clearance.
2 Legal framework
| Source | Key mandate |
|---|---|
| Constitution, Art. III § 7 & § 3 | Balances the right to information with the right to privacy. |
| Rep. Act No. 157 (1947) | Created the (now) NBI and authorised it to keep national criminal identification records. |
| Rep. Act No. 10867 (2016) | Modernised the NBI and expressly empowered it to issue clearances using biometrics and online systems. (Supra Source) |
| Rep. Act No. 10173 (DPA 2012) | Governs processing of personal data contained in clearances; recognises the data-subject rights to access, rectification and erasure. (National Privacy Commission) |
| Rep. Act No. 11261 (First-Time Jobseekers Assistance Act, 2019) | Waives fees for NBI, police and other clearances when the applicant is a certified first-time jobseeker. |
| Ease of Doing Business Act (RA 11032) | Sets maximum processing times for government frontline services, including clearances. |
Specialised offices (courts, prosecutors, Ombudsman, barangays) issue their own clearances under their organic laws and Office of the Court Administrator (OCA) or Department of Justice (DOJ) circulars.
3 Agencies and kinds of criminal-record clearance
| Clearance | Issuing office | Typical validity | 2025 fee* |
|---|---|---|---|
| NBI Multi-Purpose Clearance | NBI | 1 year | ₱130 (+₱25 e-payment); free under RA 11261 |
| National Police Clearance | PNP, via the NPCS portal | 6 months | ₱160 total (FilipiKnow) |
| Regional/Metropolitan/Municipal Trial Court (RTC/MeTC/MTC) Clearance | Office of the Clerk of Court | Usually 6 months | ₱50 – ₱200 + D/S stamps |
| Prosecutor’s “Certificate of No Pending Case” | City/Provincial/Regional Prosecution Office | 6 months | ₱50 – ₱100 |
| Ombudsman Clearance | Office of the Ombudsman | 1 year | ₱150; indigents & first-time jobseekers exempt |
| Sandiganbayan Clearance | Sandiganbayan Judicial Records Division | 6 months | ₱200 |
| Barangay Clearance | Barangay Hall | 6 months | ₱50 – ₱100 |
*Government entities may collect a ₱30-₱40 documentary stamp tax (DST) in addition to the service fee.
4 NBI Multi-Purpose Clearance
4.1 Legal basis & scope
RA 157, as amended by RA 10867, designates the NBI as the national repository of criminal fingerprints and dispositions; its clearance therefore carries the highest evidentiary weight. (Supra Source)
4.2 Who may apply
Any Filipino or foreign national who has resided, studied or worked in the Philippines.
4.3 End-to-end process (2025 workflow)
- Online registration at clearance.nbi.gov.ph; fill out the e-form. (NBI CLEARANCE ONLINE)
- Choose an appointment slot and pay the ₱130 fee (+₱25 e-payment).
- Biometrics capture & photo at the chosen NBI centre.
- “HIT” verification (if your name matches a derogatory record). Resolution time: 3–15 working days.
- Release: plain paper print-out with QR code and embossed dry seal.
Validity: one (1) year from release for any purpose—local employment, overseas work, immigration, firearm licence, adoption, etc. (VisaJourney)
Fee waivers: Present a Barangay certificate under RA 11261 to have the fee waived once.
Online “Quick Renewal”: You may request door-to-door delivery for ₱330 (+₱25 e-payment).
4.4 Data-privacy & record correction
The raw NBI database is not open to private employers; they must require the applicant to produce a clearance instead. Data subjects may demand correction or expungement of erroneous entries under the Data Privacy Act and NBI internal guidelines. (National Privacy Commission)
5 PNP National Police Clearance
The National Police Clearance System (NPCS) went fully online in 2023. Registration and payment are completed at pnpclearance.ph; biometrics capture is done at any police station with “NPCS” signage. (PNP Clearance)
- 2025 fee: ₱160 (₱150 service + ₱10 DST). (FilipiKnow)
- Validity: 6 months, non-renewable—apply anew after expiry. (FilipiKnow)
- Uses: preliminary employment screening, local travel, business permits. Foreign embassies still prefer an NBI clearance because the PNP database is provincial rather than national in scope.
6 Court clearances
Each trial court issues a clearance certifying that no criminal case is or was filed against the applicant in that specific station. OCA Circular 360-2023 standardised templates and modestly raised fees (₱50 – ₱200). Bring:
- Barangay & police clearances;
- Two valid IDs;
- DST worth ₱30-₱40. Processing is usually same-day if no docket hit appears.
7 Prosecutor’s “Certificate of No Pending Case”
Filed with the City, Provincial or Regional Prosecution Office (Rule on the City/Provincial Fiscal). Fee ranges from ₱50 to ₱100; release within the day if no complaint is pending. Banks and gun-licensing authorities sometimes ask for this in addition to an NBI clearance.
8 Ombudsman & Sandiganbayan clearances
Public officials and bidders for government contracts often need:
- Ombudsman Clearance (₱150; free for indigents / first-time jobseekers).
- Sandiganbayan Clearance (₱200), confirming no graft case.
Both require a government-issued ID and a 2 × 2 photograph.
9 Barangay clearance
Although technically a “character” clearance, barangay certification is a prerequisite for many higher-level clearances and for RA 11261 fee waivers. Typical fee: ₱50–₱100. Validity: six (6) months.
10 Using clearances abroad: Apostille & legalisation
Since 14 April 2025 the DFA’s e-Apostille portal accepts scanned NBI clearances; applicants merely upload the PDF, pay ₱200 online and claim the apostillised copy on schedule. Police or court clearances must be authenticated in person, with the original bearing a dry seal. Apostille replaces the old “red ribbon”.
11 Fee exemptions for first-time jobseekers
Under RA 11261 a duly-certified First-Time Jobseeker Barangay Certificate entitles the bearer to one free copy each of NBI, police, court and prosecutor clearances within twelve (12) months from issuance. Present the certificate before paying, otherwise refunds are not allowed.
12 Expungement, record sealing and rectification
The Philippines has no general expungement statute. Relief is piecemeal:
- Judicial order of expungement or record cancellation may be secured after acquittal, dismissal, or completion of probation, on proof of rehabilitation.
- Petition to correct records (clerical errors, mistaken identity) may be filed with the issuing agency or the court that decided the case.
- Pending bills in Congress (e.g., House Bill 893) propose automatic sealing of low-level convictions one year after sentence completion.
13 Data-privacy rights of clearance holders
Under RA 10173 the clearance holder may:
- Access the personal data held by NBI/PNP;
- Have errors rectified (e.g., wrong birth date, “HIT” despite no case);
- Object to processing that is not proportionate to the stated purpose;
- Seek erasure after acquittal, subject to archival laws. (National Privacy Commission)
Government agencies must designate Data Protection Officers (e.g., NBI Compliance Officers for Privacy, 2020).
14 Common pitfalls & practitioner tips
- Book online early. Metro Manila NBI slots fill up weeks ahead; provincial sites are faster.
- Two IDs must match the exact name format you register online.
- Check the dry seal and QR code before leaving the window; smudged seals are rejected for apostille.
- If you get a “HIT”, monitor your status via the NBI portal; walk-in follow-ups are no longer entertained.
- Court coverage is territorial. A Makati RTC clearance does not cover Quezon City; some employers ask for clearances from all places of residence in the last five years.
- Validity counts from release date, not the appointment date—plan around embassy deadlines.
15 Looking ahead
- Full e-clearance: The NBI and PNP are piloting digital credentials linked to the PhilSys national ID by late 2025.
- Record-sealing bills in Congress may harmonise expungement standards and create a time-bar for access by private employers.
- AI-assisted background checks are being scrutinised by the National Privacy Commission under Advisory No. 2024-04 to ensure proportionality.
Disclaimer
This article is for general information only and is not a substitute for personalised legal advice. Always verify the latest fees and local circulars at the issuing office before relying on this material.