An ordinary AWOL employment record does not appear on an NBI Clearance. If a private employer marked you “AWOL,” terminated you for abandonment of work, or declared you ineligible for rehire, that information normally stays in the employer’s personnel records. The National Bureau of Investigation checks criminal and related derogatory records—not private-company attendance records, resignation history, or reasons for leaving a job.
There are important exceptions. An NBI “hit” may arise if your former employer filed a separate criminal case, if you have the same name as someone with a pending case, or if your situation involves the military, police, or another service governed by special laws. Understanding these distinctions can help you apply for clearance and answer future employers confidently.
Does AWOL Show on an NBI Clearance?
For most private-sector workers, the answer is no.
| Situation | Normally appears on NBI Clearance? | Where it may be recorded |
|---|---|---|
| Unauthorized absence from a private job | No | Company attendance and HR records |
| Termination for abandonment of work | No | Employee’s 201 file, termination notice, internal rehire record |
| Failure to complete company clearance | No | Former employer’s property and accountability records |
| Labor complaint before DOLE or the NLRC | Generally no | DOLE or NLRC case records |
| Criminal case filed in court | Possibly | NBI criminal or derogatory records |
| NBI namesake or identity match | May cause a temporary “hit” | NBI verification system |
| Government-service AWOL | Not by itself | Government personnel and Civil Service records |
| Police or military AWOL | Special rules apply | Service, disciplinary, court-martial, or criminal records |
The NBI may ask for employment-related information when you create an online profile, but this does not mean that the Bureau obtains your former employer’s disciplinary records or prints your employment history on the clearance. The NBI’s own procedures state that clearance applications are verified against the NBI Criminal Database. (National Bureau of Investigation)
What an NBI Clearance Actually Checks
Under Republic Act No. 10867, the NBI Reorganization and Modernization Act of 2016, the NBI serves as the national clearinghouse of criminal records and related information. The law also authorizes it to maintain a Clearance and Identification Center containing criminal and derogatory records, fingerprints, identifying information, and other records relevant to investigations. (Supreme Court E-Library)
In practical terms, an NBI Clearance is not:
- A complete employment-history report
- A list of your previous employers
- A record of resignations or terminations
- Proof that you completed your former employer’s clearance process
- A certificate that you were never disciplined at work
- A record of SSS, Pag-IBIG, PhilHealth, or tax contributions
- A recommendation from a former employer
An employer cannot simply log in to an NBI system and enter “AWOL” beside a former employee’s name. There is no ordinary mechanism through which private companies upload attendance violations, company disciplinary findings, or “not eligible for rehire” classifications into the NBI criminal database.
What AWOL Means Under Philippine Labor Law
“AWOL” commonly means absent without official leave or absent without leave. Private companies use the term when an employee fails to report for work without approved leave, sufficient notice, or a satisfactory explanation.
The Labor Code does not treat the word “AWOL” as a separate criminal offense. Nor does every unauthorized absence automatically amount to abandonment of employment.
Under Article 297 of the Labor Code, an employer may dismiss an employee for grounds such as gross and habitual neglect of duties. Philippine jurisprudence recognizes abandonment of work as a form of, or conduct similar to, neglect of duty.
In Demex Rattancraft, Inc. v. Leron, the Supreme Court explained that two elements must be proved before an employee may be considered to have abandoned work:
- The employee failed to report for work without a valid or justifiable reason; and
- The employee clearly intended to end the employer-employee relationship.
Mere absence is not enough. There must ordinarily be an overt act showing that the employee no longer intends to return. (Lawphil)
An employer must still observe due process
Even when an employer believes that an employee abandoned the job, the employer should follow the required termination procedure. This normally includes:
- A written notice describing the alleged unauthorized absences or abandonment;
- A reasonable opportunity for the employee to explain;
- Evaluation of the explanation and available evidence; and
- A written notice of the employer’s decision.
The procedural requirements for termination are reflected in DOLE Department Order No. 147-15 and Supreme Court decisions such as Agabon v. National Labor Relations Commission. A company’s internal declaration that an employee is AWOL remains an employment action—it does not become a criminal conviction or NBI record merely because the employee did not respond. (Department of Labor and Employment)
When an AWOL Situation Can Indirectly Cause an NBI Hit
Although AWOL itself does not appear, an event connected with the employee’s departure may lead to a separate legal record.
1. The employer filed a criminal complaint
Suppose an employee stopped reporting for work while still possessing company money, equipment, confidential files, or other property. The employer might file a separate criminal complaint based on the surrounding facts.
If a criminal case is eventually filed or recorded in a source checked by the NBI, the applicant may receive a “hit.” The hit would relate to the alleged criminal offense—not to the label “AWOL.”
The distinction matters:
- AWOL alone: an employment or disciplinary issue
- AWOL plus a criminal complaint: two separate matters
- A demand to return property: not automatically proof of a crime
- A filed criminal case or warrant: may become relevant to NBI verification
Receiving a demand letter, show-cause memorandum, or barangay invitation does not necessarily mean that a criminal case has already been filed in court.
2. You have the same name as someone with a criminal record
A “hit” does not automatically mean that the applicant has committed an offense. It may simply mean that the applicant’s name matches or closely resembles a name in the NBI database.
The Supreme Court has recognized that an NBI hit may initially identify only a person with the same name. The NBI must compare details such as the applicant’s birth date, middle name, address, fingerprints, and other identifying information before concluding that the record belongs to the applicant. (Supreme Court E-Library)
The NBI advises applicants with a hit to return after verification, usually within five to ten working days. No additional clearance fee is normally charged for the verification. (National Bureau of Investigation)
3. Your former employer obtained a warrant or court order in a separate case
An employer’s accusation is not enough by itself. However, a pending court case, warrant of arrest, or other criminal record may appear during NBI quality-control verification.
NBI records connected with actual warrants and pending criminal cases are fundamentally different from private HR records. NBI reports show that quality-control personnel verify the case number, offense, court of origin, identifying information, and warrant status when a derogatory record appears. (National Bureau of Investigation)
4. You worked in government, the PNP, or the AFP
Government-service AWOL can have serious administrative consequences, but an administrative separation does not automatically become an NBI criminal record.
Under current Civil Service rules, an official or employee continuously on AWOL for at least 30 working days may be dropped from the rolls, subject to the applicable notice and appeal rules. That action belongs in the employee’s government personnel and Civil Service records.
Special rules apply to uniformed personnel. For example, Republic Act No. 8551 provides that a PNP member who goes on AWOL for a continuous period of at least 30 days may be dismissed from the service. The law separately states that the person’s activities may be investigated and that prosecution follows if a crime is discovered. This confirms that AWOL dismissal and criminal prosecution are legally distinct matters. (Lawphil)
Military personnel are also governed by the Articles of War and court-martial procedures. Someone who went AWOL from the AFP should not assume that the rules applicable to an ordinary private employee apply to the military case.
Can a New Employer Still Discover That You Went AWOL?
Yes. The fact that AWOL does not appear on your NBI Clearance does not make the employment history invisible.
A prospective employer may learn about it through:
- Information you provide in your résumé or application form
- Reference checks with former supervisors or HR departments
- Employment verification conducted by a background-check provider
- A Certificate of Employment
- Industry contacts, particularly in small or specialized sectors
- Government personnel records when applying for public office
- Questions about gaps in employment
- A pending labor, civil, administrative, or criminal proceeding disclosed during screening
You should distinguish between an NBI criminal-record check and a broader employment background check. They are not the same process.
Data privacy still applies to background checks
Employment records contain personal information and may also contain sensitive personal information. Under Republic Act No. 10173, the Data Privacy Act of 2012, an employer or background-check provider must have a lawful basis for collecting, using, and disclosing personal data.
The National Privacy Commission has explained that background checks may include verification of previous employment and professional history. However, the processing must still satisfy data-privacy principles such as legitimate purpose, necessity, transparency, and proportionality. A former employer does not have unlimited authority to disclose every allegation, document, or private detail in an employee’s file. (National Privacy Commission)
What to Do If You Are Worried About an AWOL Record
1. Determine what your former employer actually did
Do not rely only on what a supervisor or co-worker told you. Ask whether the company:
- Recorded unauthorized absences only
- Issued a notice to explain
- Sent a return-to-work order
- Issued a termination notice
- Treated you as having resigned
- Filed a civil, labor, administrative, or criminal complaint
- Made a demand for the return of company property
Keep copies of emails, text messages, medical certificates, leave requests, delivery receipts, notices, and your responses.
2. Request your Certificate of Employment
Under DOLE Labor Advisory No. 06-20, an employer should issue a Certificate of Employment within three days from the employee’s request.
The standard Certificate of Employment identifies:
- The dates of engagement and termination; and
- The type or types of work performed.
A Certificate of Employment is different from a company clearance, recommendation letter, or certification of good standing. An employee who went AWOL may still request proof that the employment relationship existed. Disputes over the issuance of a COE may be brought to the DOLE office with jurisdiction over the workplace. (Department of Labor and Employment)
3. Confirm whether there is an actual criminal case
A warning such as “we will file a case” does not prove that a case was filed.
Check any documents you received for:
- A prosecutor’s office docket number
- A court case number
- A subpoena
- A notice of preliminary investigation
- An Information filed in court
- A warrant of arrest
- The name and branch of the court
If you received formal legal documents, do not ignore them. Failure to participate in a preliminary investigation or court proceeding can create consequences separate from the employment dispute.
4. Apply for your NBI Clearance normally
Use the official NBI Clearance application portal, enter your information exactly as shown on your valid IDs, book an appointment, pay the applicable fee, and appear for biometrics.
Do not assume that you will receive a hit merely because you went AWOL. The fastest way to know your clearance status is to complete the official application process.
5. Cooperate with quality-control verification if you receive a hit
Bring:
- Your appointment reference number
- Original valid government-issued IDs
- Your previous NBI Clearance, if available
- Your passport or PSA records if there are name discrepancies
- Certified court orders or resolutions if a case involving you was dismissed, terminated, or resolved
- Other documents requested by the NBI officer
A hit is an instruction to verify identity and records. It is not, by itself, a finding of guilt.
6. Prepare an accurate explanation for future employers
Do not falsify dates, invent a resignation letter, or submit an altered Certificate of Employment. A false document or material misrepresentation may create a more serious problem than the original absence.
A useful explanation is brief, factual, and accountable:
“I had an unresolved absence issue with my previous employer and was eventually separated from the company. I have since addressed the circumstances that caused it and can explain the steps I have taken to prevent it from happening again.”
Where the company’s AWOL finding was disputed—for example, because you were hospitalized, placed in an unsafe situation, constructively dismissed, or prevented from returning—explain the facts without exaggeration or personal attacks.
NBI Clearance Requirements, Fees, and Timelines
| Item | General guidance |
|---|---|
| Online application | Register through the official NBI portal |
| Basic clearance fee | ₱130, plus the payment channel’s service charge |
| Identification | Bring the original valid government IDs required by the selected branch |
| Biometrics | Photograph, fingerprints, and electronic signature are taken at the branch |
| No hit | Clearance is commonly printed within minutes after processing |
| With hit | Verification commonly takes around 5–10 working days |
| First-time job seeker | May obtain the clearance free under RA No. 11261, subject to barangay certification, oath, and identification requirements |
| Application from abroad | Follow the NBI mailed-clearance procedure through a Philippine Embassy, Consulate, or authorized representative |
The NBI’s current application guide lists a basic fee of ₱130, with an additional electronic-payment service charge. It also explains the online registration, appointment, payment, biometric, and hit-verification process. (National Bureau of Investigation)
Applicants who are abroad
A new applicant outside the Philippines may obtain NBI Form No. 5 from a Philippine Embassy or Consular Office. The application ordinarily requires:
- A completed form bearing the appropriate consular seal;
- Rolled fingerprint impressions taken by the embassy, consulate, or authorized police office;
- A recent 2×2 photograph;
- A copy of the passport biodata page; and
- Mailing or submission through an authorized representative.
The NBI states that overseas applications are processed at its Mailed Clearance Section in UN Avenue, Manila, with processing of the received documents taking up to five working days, excluding international delivery time and possible record verification. (National Bureau of Investigation)
Foreign nationals should use their names exactly as written in their passports. Variations in spacing, middle names, married surnames, transliteration, or order of names can delay identity verification.
Common Mistakes to Avoid
Assuming AWOL automatically means a criminal record
It does not. An employment violation becomes relevant to the NBI only when there is a separate criminal or qualifying derogatory record.
Panicking when the application shows “with hit”
Many hits are caused by namesakes. Wait for the verification process and provide complete identifying documents.
Hiding the former employer from an application form
An NBI Clearance may not reveal the employment history, but inconsistent dates can be discovered through reference checks, government contribution records submitted for onboarding, or documents you provide later.
Believing that a clean NBI Clearance erases the HR record
A clean clearance means that the NBI did not release an adverse criminal-record result for that application. It does not require a former employer to delete accurate personnel records.
Submitting fake resignation or employment documents
Altering a Certificate of Employment, clearance form, medical certificate, or resignation letter may lead to dismissal from the new job and possible legal liability.
Ignoring notices sent to your last known address
Employers and government agencies often send notices to the address contained in the employee’s personnel file. Update your contact details and preserve proof of any response.
Frequently Asked Questions
Will “terminated due to AWOL” be printed on my NBI Clearance?
No. The NBI Clearance does not ordinarily state your reason for leaving a private employer or reproduce the contents of a termination notice.
Can my employer report me to the NBI just for not reporting to work?
An employer may complain to the NBI or another authority if it alleges that a crime occurred. However, absence from a private job, by itself, is an employment issue rather than a criminal offense.
Will an illegal-dismissal or NLRC case appear on my NBI Clearance?
An ordinary labor case before the NLRC is not a criminal case and generally does not appear as an NBI criminal record. A separate criminal case arising from the same events must be assessed independently.
Can I receive a hit even if I have never been charged with a crime?
Yes. A namesake or similar identity may produce a temporary hit. The NBI will compare personal information and records before releasing the clearance. (National Bureau of Investigation)
Does the NBI Clearance show all my previous employers?
No. It is not an employment-history report. Although the online application may request background information, the clearance process verifies applicants against NBI criminal and derogatory records.
Can a former employer refuse to issue a Certificate of Employment because I went AWOL?
The employer should still issue a Certificate of Employment upon request. DOLE Labor Advisory No. 06-20 directs employers to issue it within three days and defines it mainly by the employment dates and type of work performed. (Department of Labor and Employment)
Can my former employer tell a new employer that I went AWOL?
A former employer may provide lawful and relevant employment verification, but the disclosure remains subject to the Data Privacy Act, company policy, truthfulness, and the principles of necessity and proportionality.
Will an AWOL record affect my overseas employment?
It will not ordinarily affect the NBI Clearance itself. It may still matter if the recruitment agency or foreign employer conducts reference checks, asks about prior terminations, or requires additional employment documentation.
Does a clean NBI Clearance prove that the AWOL allegation was false?
No. It only means that the NBI clearance process did not produce a disqualifying criminal or derogatory-record result. It does not resolve whether the employer properly classified your absence under labor law.
Key Takeaways
- An ordinary private-sector AWOL record does not appear on an NBI Clearance.
- The NBI checks criminal and related derogatory records, not company attendance or resignation records.
- Abandonment requires more than absence; there must be evidence of a clear intention to end the employment relationship.
- An NBI hit may result from a namesake or a separate criminal case—not from the word “AWOL” in an HR file.
- Government, PNP, and military personnel are subject to special administrative or service rules.
- A new employer may still discover the issue through lawful reference checks or employment verification.
- An employee may request a Certificate of Employment even after being classified as AWOL.
- Give truthful, consistent information and keep records showing the circumstances of your absence and separation.