Does a Dismissed or Discharged Criminal Case Appear on NBI Clearance?

(Philippine legal context — a practical, doctrinal, and procedural guide)

Short answer up front

Yes—a dismissed, acquitted, or otherwise terminated case can still “appear” on your NBI Clearance by triggering a HIT during verification. It doesn’t mean you have a criminal record; it means the NBI’s database shows you were once a party to a case or complaint. After the NBI’s quality-control (QC) verification—and once the disposition (e.g., dismissal, acquittal) is confirmed—your printed clearance should show you clear, or it may carry an annotation of the final outcome. If the underlying court/prosecutor records haven’t yet reached or been reflected in the NBI database, you may need to submit proof to have your record updated.

What the NBI Clearance is—and what it isn’t

Purpose. An NBI Clearance is a government-issued certificate stating whether you have a derogatory record in the NBI’s centralized database. It’s used for employment, licensing, visas, tenders, and other compliance needs.
Scope of data. The NBI ingests data from courts, prosecutors’ offices, law-enforcement agencies, and other lawful sources.
Name-based matching. Initial screening is primarily name and identifier based. Name homonyms, incomplete birthdates, or prior cases—win or lose—can trigger a HIT.

Key concepts: “HIT,” “derogatory record,” and “clearance”

HIT. A HIT means the system found a match (or near match) to a person involved in a criminal case, complaint, or watchlist entry, regardless of outcome. A HIT prompts manual verification by NBI personnel.
Derogatory record. In practice, this refers to pending cases, warrants, convictions, or unresolved entries. Disposed cases (dismissed, acquitted, archived and later dismissed, etc.) are not derogatory once properly updated.
Clearance vs. Annotation. After QC, your clearance may:
- Print clear (no derogatory record after verification), or
- Print with an annotation (e.g., “case dismissed on [date]” or similar disposition), depending on internal policy and the state of the source records.

Will a dismissed or discharged case still show?

1) During initial screening

Likely yes. Any case you were involved in—even if dismissed or you were acquitted—can trigger a HIT until QC confirms the final disposition.

2) After QC verification

Should be clear or annotated as cleared. Once the NBI validates the dismissal/acquittal (through its own feeds or your documents), the entry is not treated as derogatory. Many applicants walk out with a clear printout; sometimes the NBI adds a non-derogatory disposition note.

3) If it still “appears”

That usually means the source database hasn’t yet pushed the final order, identifiers don’t match cleanly, or documents are incomplete. You can ask the NBI to update the entry.

Typical dispositions and how they behave in practice

Acquittal / Dismissal (Rule 119/Rule 117 grounds). Triggers a HIT; final clearance should be clear after QC once the judgment or order is validated (often with certified true copy + certificate of finality).
Provisional dismissal (Rule 117, §8). Can still cause a HIT until the refiling period lapses or a subsequent order confirms final termination.
Case dismissed at prosecutor level (no filing in court). Still a possible HIT if a complaint exists in the data feed; present the resolution dismissing the complaint.
Decriminalization/dead laws or compromise where legally allowed. Old entries may linger; record update request fixes this.
Probation discharge or suspended sentence. A conviction generally remains a conviction despite completion of probation; expect persistent HITs and an annotation of status.
Executive clemency (pardon/amnesty). These often do not erase history but should remove derogatory character; annotation may reflect clemency.
Juvenile cases (RA 9344, as amended). Children in conflict with the law benefit from confidentiality/sealing rules; nevertheless, database artifacts sometimes require manual correction if a HIT occurs.

Why cleared cases still pop up: the data and identity problem

Data latency. Courts/prosecutors may transmit updates later than the NBI’s clearance appointment.
Identity mismatches. Common names, spelling variations, absence of middle names, or inconsistent birthdates cause false positives.
Legacy entries. Older manual records may need one-time cleanup.

How to resolve a HIT caused by a dismissed/acquitted case

Attend the NBI verification/QC window when instructed.
Bring documents that prove the final disposition (ideally originals + photocopies):
- Certified true copy of the Order/Judgment of dismissal or acquittal.
- Certificate of Finality (or proof the order is final and executory).
- Prosecutor’s Resolution (if dismissal was at the inquest/prelim-investigation stage).
- Any recall of warrant/lift order (if there was a warrant).
- Government ID(s) matching the details on your application.
Request record update/“lifting” of the derogatory entry. The NBI will validate and update the database so future clearances are smooth.
Keep a personal packet of these documents for future renewals or overseas processing.

Practical tip: If you changed your name (e.g., through marriage), bring proof of change so your past records can be confidently linked and cleared.

What the printed clearance may show after you clear QC

“No Derogatory Record” / “No Record on File” after verification, or
A neutral annotation reflecting the dismissal/acquittal date (policy varies). Either way, employers and embassies typically look for pending cases or convictions. A verified dismissal/acquittal annotation is not a derogatory finding.

Data privacy and your rights

Data Privacy Act (RA 10173). You have rights to be informed, to access, and to have inaccurate or outdated personal data corrected. Lawful processing exceptions apply to criminal justice and compliance, but corrections/updates to reflect true dispositions are well within your rights.
Accuracy over erasure. Philippine law has no general expungement statute that wipes all traces of a case from government systems. The realistic goal is accurate reflection (e.g., “dismissed,” “acquitted,” “case withdrawn”), not deletion of history.

Frequently asked scenarios

Q: My case was dismissed years ago; why do I still get a HIT? A: Likely data latency/legacy matching. Bring your dismissal order + certificate of finality; ask NBI QC to update your record.

Q: Will a mere complaint (no case filed) appear? A: It can, because complaints at the prosecutor level may be in the feed. Provide the resolution dismissing the complaint.

Q: After “lifting,” will I be forever clear? A: Usually yes for the same entry, but new system upgrades or name variations can re-flag you. Keep your documents handy.

Q: Do I need a lawyer to clear a HIT? A: Not required for routine QC verification, but legal counsel helps if entries are complex (multiple names, warrants, or identity theft).

Q: Can an employer see the details of my old case? A: Employers typically only see your printed clearance. They don’t have direct access to the NBI’s internal notes. An annotation of dismissal/acquittal is usually non-derogatory.

Practical checklist before your NBI appointment

Valid government IDs with consistent personal details
Certified true copy of the dismissal/acquittal order
Certificate of Finality (if available)
Prosecutor’s dismissal/withdrawal resolution, if applicable
Any recall of warrant documents
Evidence of name change (if any)

Bottom line

A dismissed or discharged case can still “show up” by causing a HIT in the NBI system.
After QC verification (and, if needed, submission of proof of disposition), your clearance should reflect that the case is not derogatory, often printing clear or with a non-derogatory annotation.
If an outdated entry persists, you can invoke your data accuracy rights and request an update.

This article provides general information and is not a substitute for legal advice tailored to your specific circumstances. For complex records or urgent overseas submissions, consult counsel who can help obtain certified court documents and coordinate with the NBI.