Introduction

In the Philippines, the National Bureau of Investigation (NBI) Clearance is a vital document that certifies an individual's criminal record status or lack thereof. It is commonly required for employment, travel, licensing, and other official purposes. The clearance typically bears a remark indicating the applicant's record: "No Derogatory Record" signifies a clean slate with no pending criminal cases or convictions, while a "Criminal Record" or similar notation (such as "With Derogatory Record" or "Hit") indicates the presence of adverse information in the NBI's database. This could stem from actual convictions, pending cases, or even erroneous matches due to common names.

Changing the remark from "Criminal Record" to "No Derogatory Record" is not a simple administrative fix but involves substantive legal processes to address the underlying record. This may include resolving pending cases, obtaining court orders for dismissal or acquittal, expunging records under specific laws, or correcting database errors. Philippine law, governed by statutes like Republic Act No. 10173 (Data Privacy Act), Presidential Decree No. 968 (Probation Law), Republic Act No. 9344 (Juvenile Justice and Welfare Act), and NBI administrative rules, emphasizes accuracy and fairness in record-keeping. However, records cannot be arbitrarily altered; changes must be supported by judicial or official documentation to prevent tampering with public records.

This article provides a comprehensive overview of the legal framework, procedures, requirements, challenges, and considerations for effecting such a change, drawing from established Philippine legal practices.

Understanding the Remarks on NBI Clearance

What Does "Criminal Record" Mean?

A "Criminal Record" remark on an NBI Clearance indicates that the NBI's database has flagged derogatory information linked to the applicant's name, birthdate, or other identifiers. This could include:

Convictions: Final judgments from courts for criminal offenses, ranging from minor violations (e.g., traffic infractions) to serious crimes.
Pending Cases: Ongoing criminal proceedings in courts or prosecutor's offices.
Arrest Warrants or Hold Departure Orders: Active orders that restrict movement or indicate unresolved issues.
Database Hits Due to Similarities: False positives where the applicant shares a name or details with someone who has a record, a common issue in a country with over 110 million people and prevalent common surnames like "Santos" or "Cruz."

Under NBI Memorandum Circular No. 2012-001 and related issuances, the bureau maintains a centralized database that cross-references with court records, police reports, and other government agencies. A hit triggers a mandatory review, and the clearance is issued with the adverse remark until resolved.

What Does "No Derogatory Record" Mean?

This remark certifies that no adverse criminal information exists in the NBI's records. It implies a thorough check has been conducted, and the applicant is cleared for the purpose requested (e.g., local employment vs. visa applications, which may require multi-purpose clearances). Achieving this status requires eliminating or annotating the derogatory entry.

Legal Basis for Remarks

The NBI operates under Republic Act No. 157 (creating the NBI) and Executive Order No. 94, with data handling subject to the Data Privacy Act (RA 10173). Records are public in nature but protected from unauthorized alterations. Article 26 of the Civil Code prohibits acts that cause damage through abuse of rights, which could apply to erroneous records. Moreover, the Revised Penal Code (Act No. 3815) penalizes falsification of public documents, underscoring that changes must be legitimate.

Reasons Why a Remark Might Need Changing

Derogatory remarks arise from various sources, and the path to change depends on the cause:

Erroneous Hits (Namesake Issues): If the record belongs to another person, this is the most straightforward to resolve.
Resolved Cases: Cases dismissed, archived, or where the applicant was acquitted.
Expunged or Sealed Records: Under specific laws for minors, first-time offenders, or rehabilitated individuals.
Pardons or Amnesties: Granted by the President under Article VII, Section 19 of the 1987 Constitution.
Data Errors: Rare instances of clerical mistakes in NBI or court databases.
Lapsed Time for Certain Offenses: Some minor offenses may be considered lapsed or ineligible for notation after a period, though Philippine law does not have a general expungement statute like in some jurisdictions.

Not all records can be changed to "No Derogatory Record." Serious convictions (e.g., for heinous crimes under RA 7659) remain permanent unless pardoned.

Step-by-Step Procedure to Change the Remark

The process generally involves applying for NBI Clearance, identifying the hit, and resolving it through administrative or judicial means. There is no direct "change remark" application; it's embedded in clearance issuance or record correction.

Step 1: Apply for NBI Clearance and Identify the Hit

Register online via the NBI Clearance website (clearance.nbi.gov.ph) or visit an NBI branch.
Pay the fee (typically PHP 130 for local purposes, plus service fees).
Undergo biometrics and photo capture.
If a hit is detected, the clearance will not be issued immediately; instead, you'll receive a "Hit" notice directing you to the NBI Main Office in Manila or a regional Quality Control Section.

Step 2: Proceed to Quality Control Review

Visit the NBI Clearance Center (UN Avenue, Manila) or designated regional offices.
Present identification (e.g., valid ID, birth certificate) and explain the issue.
The NBI will verify the record against their database and court records.
For namesake hits: Submit affidavits, additional IDs, or fingerprints to differentiate yourself. If confirmed as not you, the remark is updated, and a new clearance with "No Derogatory Record" is issued, often on the same day.

Step 3: Resolve Underlying Legal Issues

If the record is accurate:

For Dismissed or Acquitted Cases: Obtain certified true copies of the court order (e.g., Order of Dismissal from the Regional Trial Court or Municipal Trial Court). Submit these to NBI for annotation. The clearance may then be issued with a note like "Case Dismissed" but effectively treated as no derogatory for most purposes.
For Probation or Rehabilitation: Under PD 968, if probation is granted and successfully completed, secure a Certificate of Discharge from Probation from the court. Submit to NBI to update records.
For Juvenile Records: RA 9344 mandates automatic expungement for minors upon reaching 18 or after rehabilitation. File a petition with the Family Court for sealing or expungement, then submit the order to NBI.
For Pardons: Obtain the pardon document from the Office of the President and submit to NBI for record update.
Petition for Correction: If the issue is a data error, file a Petition for Correction of Entry under RA 9048 (for clerical errors) or RA 10172 (for substantial changes) with the Local Civil Registrar, then escalate to court if needed. Once corrected, inform NBI.

Step 4: Submit Documents and Request Annotation or Reissuance

Compile required documents:
- Court orders (certified true copies).
- Affidavits (e.g., Affidavit of Disavowal for namesakes).
- Identification documents.
- Previous NBI Clearance with the adverse remark.
Pay additional fees (e.g., PHP 100-200 for annotation).
NBI reviews and updates the database, issuing a new clearance.

Step 5: Follow-Up and Appeal if Denied

If NBI refuses, appeal to the NBI Director or file a mandamus petition in court to compel action.
Under the Administrative Code (EO 292), agencies must act on requests within 15 days.

Required Documents

Valid government-issued IDs (at least two).
Birth certificate (PSA-certified).
Court documents (e.g., dismissal orders, acquittal judgments).
Affidavits notarized by a lawyer.
Proof of payment.
For special cases: Probation certificates, pardon decrees, or expungement orders.

Timeframes and Costs

Initial application: 1-3 days if no hit; up to 1 week with hit.
Resolution: 1-30 days, depending on document verification.
Costs: PHP 130 base fee + PHP 25 system fee; additional for certifications (PHP 50-100 per document).
Expedited services may be available for extra fees.

Delays can occur due to backlogs or incomplete documents.

Challenges and Common Pitfalls

Bureaucratic Delays: NBI and courts are often overloaded.
Incomplete Records: Missing court files require reconstruction petitions.
Multiple Hits: If hits span agencies (e.g., PNP, DOJ), coordinate clearances.
Privacy Concerns: Under RA 10173, request data correction if inaccurate, but NBI may resist without court order.
Fraud Risks: Attempting to forge documents can lead to charges under RPC Articles 171-172.
Regional Variations: Processes may differ slightly in provinces; Manila handles complex cases.

Special Considerations

For Minors and Youth Offenders

RA 9344 and RA 10630 provide for diversion programs and record sealing. Records are confidential and expunged upon majority or rehabilitation completion. Parents or guardians can petition.

For First-Time Offenders

RA 9165 (Comprehensive Dangerous Drugs Act) allows plea bargaining and record clearance post-probation for minor drug offenses.

For Overseas Filipinos

Apply via Philippine embassies or use online renewal, but resolution requires physical submission in the Philippines or authorized representatives.

Impact on Employment and Travel

A "Criminal Record" remark can bar job offers or visas. Some employers accept annotated clearances; others require "No Derogatory Record."

Preventive Measures

Maintain clean records, promptly resolve cases, and periodically check NBI status.

Conclusion

Changing an NBI Clearance remark from "Criminal Record" to "No Derogatory Record" requires diligence, legal documentation, and compliance with Philippine laws to ensure accuracy and justice. While administrative resolutions suffice for errors, substantive changes demand judicial intervention. Individuals facing this issue should consult a licensed attorney to navigate complexities, gather evidence, and avoid pitfalls. Timely action not only clears one's name but upholds the integrity of public records in fostering a fair society.