Expungement of NBI Criminal Records in the Philippines
(A comprehensive legal primer – updated as of 24 July 2025)
1. What “expungement” means in Philippine practice
| Term | Typical US‑style meaning | Closest Philippine counterpart | Key takeaway |
|---|---|---|---|
| Expungement | Court‑ordered physical destruction or sealing of all public records of a case | Deletion/“purging” of derogatory entries in the National Bureau of Investigation (NBI) database after proof of acquittal, dismissal, mistaken identity, pardon, etc. | Philippine law does not use the word expungement in statutes; the effect is achieved through administrative correction of the NBI “derogatory record.” |
| Sealing of records | Restricted access but record still exists | Sealing for juveniles (RA 9344 §60) and “Right to Be Forgotten” takedown under the Data Privacy Act (RA 10173 §16(c)) | Juvenile and data‑privacy mechanisms are distinct from NBI deletion, but often invoked together. |
2. Statutory and doctrinal bases
| Law / Rule | Core provision relevant to expungement‑type relief |
|---|---|
| Rules of Criminal Procedure (Rule 111, §5) | When an information is dismissed or the accused is acquitted, the trial court retains jurisdiction to grant “incidental relief,” including ordering law‑enforcement agencies to update or correct criminal indices. |
| Revised Penal Code, Art. 89–96 (Extinction of Criminal Liability) | An absolute pardon or amnesty extinguishes the penalty and its accessories, forming a legal basis to request deletion of derogatory entries. |
| RA 9344 (Juvenile Justice & Welfare Act), §60 | Upon dismissal or termination of the case, records of a child in conflict with the law must be sealed and may only be opened by court order. |
| RA 10173 (Data Privacy Act), §16(c) & NPC Advisory Opinions | Recognizes the “right to erasure” (a.k.a. right to be forgotten) of personal data when processing becomes unnecessary or excessive. |
| Supreme Court A.M. No. 18‑07‑05‑SC (Data Privacy Guidelines for Courts) | Directs courts to redact or withhold personal data in promulgated decisions once a party proves acquittal or record correction. |
| NBI Memo Circular No. ____‑2018 (internal, but widely cited by practitioners) | Lays down the administrative workflow for “purging” derogatory records upon submission of a certified final order of dismissal/acquittal, with a 15‑working‑day resolution period. |
Note: NBI internal circular numbers are periodically renumbered; applicants should always check the current template at the NBI’s “Document Processing Division” counter.
3. Who may seek deletion of an NBI derogatory record?
- Persons acquitted by final judgment (Rule 120, §6).
- Accused whose cases were provisionally or absolutely dismissed (Rule 117).
- Parties whose arrest was void (e.g., warrant quashed, mistaken identity).
- Juveniles whose cases were dismissed, diverted, or finally decided.
- Recipients of executive clemency (absolute pardon or amnesty).
- Complainants falsely tagged due to namesakes or database errors.
Convictions that remain final and executory cannot be expunged; only a presidential pardon, amnesty, or reversal on appeal clears the record.
4. Step‑by‑step procedure
| Stage | Action | Key documents / offices |
|---|---|---|
| A. Secure the court order | File a “Verified Motion to Correct/Update NBI and PNP Records” in the same court that issued the dismissal/acquittal. Courts usually grant ancillary relief under Rule 111, or via Sec. 6(c), Rule 120 (execution of judgment). | – Copy of Information/Complaint – Decision or Order of Dismissal – Certificate of Finality issued by the Clerk of Court |
| B. Authenticate the order | Obtain certified true copies (CTCs) of the order and certificate of finality. | Local/Regional Trial Court clerk |
| C. File with NBI | Personally submit CTCs to the NBI Document Processing Division, Taft Ave., Manila or any authorized NBI Regional Office. | – CTCs above – Two valid IDs – Completed “NBI Request for Purging” form – ₱130.00 processing fee (as of July 2025) |
| D. Verification & evaluation | NBI Legal Service verifies authenticity with the issuing court via email or phone; upon verification, the derogatory entry is tagged “for deletion.” | Internal (no action needed from applicant) |
| E. Issuance of updated clearance | After 15 working days (average), applicant returns, pays standard clearance fee, and receives “NBI Clearance — No Record on File.” | NBI Clearance Center |
Tips
- Bring an extra set of photocopies; some regional offices scan and return originals.
- Power‑of‑Attorney is accepted if filing through a representative.
- For multiple case numbers, attach a matrix to avoid filing separate motions.
5. Special scenarios
| Scenario | Legal remedy | Practical note |
|---|---|---|
| Duplicate or “hit” due to namesake | Execute a “Differentiation Affidavit” (NBI form) & attach any police clearance/barangay certificate proving distinct identity. | Usually resolved instantly; no court order needed. |
| Judicial recognition of innocence (Rule 111) | Same motion procedure; some judges issue a separate Order to PNP & NBI to expedite. | Provide judge a blank draft order for faster approval. |
| Plea‑bargained cases (probation granted) | After compliance & issuance of Order of Discharge (Probation Law, PD 968), move for record correction. | Some prosecutors oppose; be ready to cite Art. 89(3) RPC (penalty served/exhausted). |
| Juvenile disposition | RA 9344 §60 mandates automatic sealing; file a Manifestation if accounts still appear on NBI printout. | Attach the social worker’s final case study report. |
| Executive pardon | Attach Authenticated Pardon Instrument from Malacañang and the inmate’s Certificate of Discharge. | Bureau of Corrections also updates its own records. |
6. Data‑privacy‑driven “Right to Be Forgotten”
While the NBI database is covered by law‑enforcement processing exemptions under RA 10173 §4(e), the National Privacy Commission (NPC) has ruled that once a criminal case is finally dismissed or the subject is acquitted, continued retention beyond a “reasonable period” is no longer necessary nor proportionate (NPC Case No. 19‑072‑PD, 2019). Thus, an NPC complaint is an alternative when the agency is unresponsive.
7. Effect of expungement
- Fresh NBI clearance shows “No Record on File.”
- The Philippine National Police (PNP) Directorate for Investigation & Detective Management usually follows the same order; coordinate for PNP clearance if needed for firearms licensing.
- Immigration, Civil Service Commission, and Professional Regulation Commission accept the new clearance, but may still ask for the court order.
- Media archives & private background‑check firms are not automatically bound; send takedown notices invoking RA 10173 §16(c).
Caution: Foreign jurisdictions that collected records (e.g., via INTERPOL notices) apply their own policies; proof of expungement in the Philippines is persuasive but not binding overseas.
8. Timeframes & costs (typical)
| Item | Minimum | Typical | Notes |
|---|---|---|---|
| Court motion drafting & fees | ₱1,000 (pro‑se) – ₱15,000 (counsel) | 2–6 weeks to grant | 90% granted without hearing if order already issued. |
| NBI purging fee | ₱130.00 | Fixed nationwide | As per NBI Fee Schedule (Adm. Order 2022‑001). |
| Processing time inside NBI | 5–15 working days | Depends on verification reply of court. |
9. Common pitfalls
- Using only a “certification of dismissal” without the Certificate of Finality — NBI will mark as “for confirmation” and the record stays.
- Mismatched personal data (e.g., middle initial, birthdate) between the Information and the NBI form leads to “possible namesake” flag. Bring supporting IDs and birth certificate.
- Relying on the prosecutor’s motion to dismiss alone. Wait for the court’s order, even if it merely notes the prosecution’s motion.
- Failure to update other agencies. The NBI purges its own index; the PNP, DOJ, and BI databases are separate.
10. Future reforms & trends (2025 outlook)
- e‑Courts Phase III will allow courts to transmit digital dismissal orders directly to the NBI, shrinking verification time to 3 days.
- Pending bill HB 6975 (“Clean Slate Act”) proposes a statutory expungement procedure for certain first‑time offenses after a “crime‑free waiting period.”
- The NBI plans a self‑service portal where cleared individuals can upload scanned court orders and track real‑time status.
- Greater NPC oversight: As of May 2025, agencies failing to delete cleared records within 30 days of notice risk administrative fines up to ₱5 million (NPC Circular 25‑03).
11. Practical checklist
- Obtain CTC of dismissal/acquittal and Certificate of Finality.
- Draft or download Motion to Correct Records; file ex parte.
- Secure court Order directing NBI/PNP to purge entry.
- Submit to NBI Document Processing Division with IDs & fee.
- Follow up after 10–15 workdays; request new clearance.
- Notify PNP, CSC, BI, PRC as needed; furnish them copies.
- Consider NPC complaint if NBI delays beyond 30 days.
Conclusion
While the Philippines lacks a single “Expungement Act,” the combined force of criminal‑procedure ancillary relief, executive clemency provisions, juvenile‑justice sealing mandates, and data‑privacy rights provides an effective pathway to erase or correct criminal records in the NBI database. Success hinges on securing a final court order and navigating the NBI’s administrative workflow. Once purged, the individual regains the practical ability to secure employment, travel visas, and professional licenses without the shadow of a “hit” on an NBI clearance.
This article is for informational purposes only and does not constitute legal advice. For personalized assistance, consult a lawyer or the Public Attorney’s Office (PAO).