Below is a structured, article-style explanation in the Philippine context.

I. What Is a Police Clearance in the Philippines?

A police clearance is an official document issued by a local police station (usually through the city/municipal police office) certifying that, as far as their records show, a person has no derogatory record within that station’s jurisdiction.

Key points:

It is local in scope (city/municipality), unless issued by a centralized system covering multiple stations.
It checks the applicant’s name against:
- The police blotter
- Local case files and records of complaints, investigations, and arrests
It is often required for:
- Local employment
- Business permits
- Government transactions
- Supporting document for other clearances

This is distinct from an NBI Clearance, which is national in scope and checks against a central database of criminal records, court cases, and related information.

II. What Is a “Dismissed Case”?

A dismissed case generally means that a criminal complaint or case against a person has been terminated without a conviction. This can happen at different stages:

At the police or prosecutor level
- Complaint filed with the police → forwarded to the prosecutor → dismissed at inquest or preliminary investigation for lack of probable cause, lack of evidence, or a legal defect.
- No Information (formal charge) is filed in court.
At the court level (after an Information is filed) A case already in court can be dismissed if:
- The prosecution moves to dismiss (e.g., lack of evidence).
- The judge finds no probable cause.
- The complainant fails to appear or loses interest.
- The case is dismissed due to violation of the right to speedy trial.
- The case is dismissed after a compromise in certain instances where the offense is essentially civil in nature.
- The case is dismissed upon acquittal or similar judgment favoring the accused.

A dismissed case does not equal a conviction. However, it may leave a record trail in police, prosecutor, and court systems.

III. Where Do Case Records Come From?

To understand how a dismissed case can still show up in a police clearance, you need to see where data is stored.

Police Records / Blotter
- When someone files a complaint or a person is arrested, the incident is entered in the police blotter.
- This is a permanent record from the perspective of the station—used for statistics, accountability, and reference.
Prosecutor’s Office Records
- Complaints submitted for preliminary investigation or inquest are recorded and docketed.
- Even if the prosecutor dismisses the complaint, the dismissal and the complaint itself are recorded.
Court Records
- If an Information is filed, the case is docketed in court.
- Court records include pleadings, orders, and the order/judgment of dismissal or acquittal.
- Courts maintain archives; in practice, these records are rarely “erased” even after dismissal—though they can be closed/archived.
NBI and Centralized Databases
- The NBI gathers information from various sources (courts, police, etc.).
- A dismissed case may still cause a “HIT” on an NBI clearance until it is properly updated/annotated with the final disposition.

These data sources are interlinked imperfectly: sometimes a dismissal doesn’t immediately result in all databases being updated.

IV. Do Dismissed Cases Appear in a Police Clearance?

1. In Principle

A standard police clearance generally aims to state whether you have a derogatory record in that jurisdiction. A “derogatory record” often includes:

Pending criminal cases
Arrest records
Outstanding warrants
Serious police complaints

If the case has been dismissed, the ideal scenario is:

The system should reflect that no pending case exists.
The dismissal is part of the record, but you no longer have an active derogatory status.

2. In Practice

However, in reality:

The initial entry (e.g., “Robbery complaint vs. Juan Dela Cruz”) may remain in the police database/blotter.
The update that the case was dismissed may not always be reflected clearly or promptly.
When police personnel search your name, they might see history of a complaint even if it was dismissed.

Depending on the LGU/police office system:

Some police stations issue a clean clearance if no active/pending case exists, even if there was a dismissed case in the past.
Others may:
- Flag the name internally and require supporting documents (e.g. a copy of the dismissal order).
- Temporarily withhold the clearance until you clarify or show proof that the case is dismissed.

V. Legal and Policy Framework (Overview)

There isn’t a single “Dismissed Cases Law” for clearances, but several legal principles apply.

1. Constitutional Rights

Presumption of Innocence – A person whose case has been dismissed (or who has been acquitted) should not be treated as a criminal.
Right to Privacy – Personal data, including criminal records, are protected interests.
Right to Employment and Livelihood – Excessive use of old/dismissed records against a person may raise constitutional and labor-rights concerns.

2. Rules of Criminal Procedure

Dismissals and acquittals terminate a case.
Once final, there is no more criminal liability for that charge, though records remain as part of official archives.

3. Data Privacy Law Perspective

Under the Data Privacy Act, personal information and sensitive personal information must be:

Accurate
Up-to-date where necessary
Used only for legitimate purposes
Retained only for as long as necessary

Applied to dismissed cases:

Agencies that retain records of a dismissed case must ensure accuracy: they should correctly reflect that the case was dismissed.
Continued use of obsolete or misleading information (making you appear as if you still have a pending case) can be questioned.

4. Labor and Employment Principles

Employers often require a police or NBI clearance. Using old or dismissed cases to:

Automatically reject applicants
Perpetually blacklist people

could be challenged as unreasonable, particularly if there is no conviction. However, in practice, many employers still treat any “history of a case” negatively, regardless of legal outcome.

VI. Does the Record Get “Erased” After Dismissal?

In the Philippines, there is no general system of automatic expungement similar to some other countries.

Important distinctions:

Dismissed case vs. wiped record
- Dismissal means the case is over in your favor.
- It does not necessarily mean the record disappears from internal logs, case dockets, or archives.
Police blotter entries are normally permanent
- They may be annotated, corrected, or supplemented (e.g., “Case dismissed per Prosecutor’s Resolution dated…”), but rarely deleted.
Court records remain in archives
- The docket remains; the final order reflects dismissal or acquittal.
- Access can sometimes be limited, but the records themselves are not automatically erased.
NBI and police databases
- These should ideally be updated to reflect that the case is dismissed and no longer pending.
- If not updated, you can sometimes be told you have a “HIT” or a derogatory record, and you may have to show the dismissal documents to clear your name.

VII. How Dismissed Cases Affect Police Clearance Applications

In practice, several scenarios can happen when you apply for a police clearance:

Scenario A: The System Shows a Prior Case With a Clear Dismissal Tag

Police personnel see that there was a case, but the record clearly states “DISMISSED” or “ACQUITTED.”
Possible outcomes:
- Clearance is issued normally (no annotation on the physical document).
- Some offices may still ask you questions but ultimately treat the record as non-derogatory.

Scenario B: The System Shows an Old Case With No Clear Disposition

Your name appears with a complaint or case number, but:
- The police database is not updated.
- There is no annotation showing dismissal.
Typical response of the issuing office:
- Ask you to produce proof of dismissal (e.g., prosecutor’s resolution, court order).
- Delay or withhold issuance until verification.

Scenario C: The Clearance Itself Reflects a Pending/Derogatory Case

If the system treats your record as still derogatory, the clearance may:
- Not be issued.
- Or be issued with a notation or with a remark that you have a derogatory record (practices vary by LGU/station).
If your case is actually dismissed, this situation is factually inaccurate, and you have grounds to question or correct it.

VIII. Your Rights and Possible Remedies

If your dismissed case is still causing problems for your police clearance, you have several options:

1. Request Record Correction/Updating

You can ask the relevant office to update their records to reflect the dismissal:

At the police station:
- Bring a certified true copy of the prosecutor’s resolution or court order dismissing the case.
- Request that their system and/or blotter annotations note that the complaint/case was dismissed.
At the prosecutor’s office:
- Verify that the record clearly states the dismissal and, if needed, secure a certified true copy.
At the court:
- Secure a certified copy of the Order or Decision showing dismissal or acquittal.
- This document will be your main proof for all agencies.

2. Use the Data Privacy Framework

Under data protection principles, you can:

Assert your right to have inaccurate or outdated information corrected.
Ask that any database entry that treats you as having a pending case be corrected to reflect the actual status: “dismissed” / “acquitted.”

While the exact procedure may vary by agency, a typical approach involves:

Writing a formal letter or complaint to the Data Protection Officer (DPO) or responsible official of the agency.
Attaching proof of the dismissal.
Requesting correction/updating of your record and appropriate internal annotation.

3. Administrative or Legal Action (if severely prejudiced)

If an agency or employer is:

Persistently using a dismissed case as if it were a conviction; or
Refusing to correct clearly inaccurate data;

you may explore:

Filing a complaint with the appropriate oversight body (for example, data protection authorities or internal affairs, depending on the nature of the abuse).
Consulting a lawyer about a possible:
- Civil action for damages (e.g., for unlawful disclosure/misuse of personal data or wrongful denial of employment).
- Administrative complaint if a government official is involved.

These are specialized steps and usually require professional legal advice.

IX. Practical Tips for Individuals with a Dismissed Case

Secure and Keep Certified Copies of the Dismissal
- Get multiple certified true copies of:
  - Prosecutor’s resolution dismissing the complaint; and/or
  - Court order or decision dismissing the case or acquitting you.
- Keep them in a safe place. You may need them repeatedly.
Proactively Update Records Where Possible
- When you next apply for a police or NBI clearance, bring your documents.
- If there is a “HIT” or issue, show the documents promptly to speed up the process.
Clarify With the Police Clearance Issuing Office
- Ask whether your record is treated as derogatory or non-derogatory.
- If they say you have a derogatory record due to a case that was already dismissed, politely assert that this is inaccurate and present your proof.
Check for Name Confusion
- Some “hits” are not about you personally but about someone with the same name.
- Your proof of identity (middle name, birthdate, etc.) can help differentiate you from others.
Maintain Professional Transparency (If Safe and Appropriate)
- For sensitive job applications, some individuals choose to voluntarily explain, for example:
  - “There was a case filed against me in [year], but it was dismissed by the prosecutor/court. Here are certified copies.”
- This is a personal judgment call and may depend on the employer and situation.

X. Frequently Asked Questions

1. Will my dismissed case appear on my police clearance forever?

Not necessarily in the text of the clearance, but the underlying records (police blotter, database entries) can remain indefinitely. Whether it affects the clearance depends on:

How the local system is configured.
Whether the dismissal is properly recorded.
The practice of the particular police office.

2. Can I demand that the police completely erase my record?

In general, complete erasure of blotter entries or case records is not standard practice, because these are official records. What you can reasonably insist on is:

Accurate annotation that the case is dismissed or terminated in your favor.
Avoidance of misleading treatment of you as if you have a pending criminal case.

3. My clearance was denied because of a case that was already dismissed. What can I do?

You can:

Secure certified copies of the dismissal order/resolution.
Return to the issuing office and request that they update their records and reconsider issuance.
If they still refuse based on inaccurate information, consider escalating through:
- Internal supervisory channels.
- Data/privacy complaint mechanisms.
- Legal counsel, if necessary.

4. Is a dismissed case the same as being cleared of guilt?

Legally, a dismissal (or acquittal) means the criminal case cannot move forward or has ended in your favor. It does not impose criminal liability on you. However, in the eyes of some employers or people, the fact that a case existed at all may still be viewed negatively, despite the legal outcome.

XI. Final Notes

A dismissed case in the Philippines does not equate to a clean slate in the sense of erasing all records, but it does mean that you have no criminal liability for that charge.
For purposes of police clearances, the crucial issue is whether the records correctly show that:
- There is no pending case or warrant against you.
- Any prior case has been dismissed or terminated in your favor.
While agencies retain records for legitimate reasons (statistics, history, accountability), they are expected to handle your data accurately, fairly, and legally.

This overview is general information and not a substitute for personalized legal advice. For serious problems with dismissed cases still affecting your clearances or employment, it’s wise to consult a Philippine lawyer who can review your documents and specific circumstances.