How to Change NBI “Criminal Record” Remarks to “No Derogatory Record”: Clearance Fix Guide

Practical, law-grounded guidance on clearing your NBI hit or adverse remark, with checklists, scripts, and timelines.


Quick Primer

What is an NBI remark? When you apply for an NBI Clearance, your name and biometrics are matched against the NBI’s database of derogatory records (court cases, prosecutor cases, warrants, watch lists). The printed clearance shows one of the following:

  • No Derogatory Record (or “No Record”) – clean hit.
  • HIT – your identity matched a record; further verification required.
  • With Criminal Record / With Record / With Pending Case – the database links you (or a namesake) to a case or warrant.
  • On Hold / For Verification – the system needs manual review.

Good news: Most “HIT” and many “With Record” results are due to namesakes or old, already-dismissed cases. With proper documents, you can change the remark to “No Derogatory Record.”


Legal Foundations (Why You Can Ask for a “Clean” Remark)

  • Right to Rectification (Data Privacy Act, R.A. 10173): You can demand correction of inaccurate or outdated personal data in government files.
  • NBI’s mandate (R.A. 10867): NBI maintains criminalistics records but must keep them accurate, relevant, and up-to-date.
  • Due Process: If a case was dismissed, archived without warrant, or you were acquitted, the NBI record should reflect that outcome and remove the derogatory flag.

Important limits: If you currently have a pending criminal case or an active warrant, the NBI cannot print “No Derogatory Record” until the case is resolved or the warrant is lifted/recall is issued by the court.


Know Your Situation First

Identify which scenario applies; this dictates the fix:

  1. Namesake / Mistaken Identity

    • You’ve never been charged or arrested, but your clearance shows a hit or “with record.”
    • Fix: NBI verification + identity documents; usually resolved on the spot or within the verification window.
  2. Old Case Already Dismissed / Acquitted / Withdrawn

    • You had a case before, but it’s terminated in your favor.
    • Fix: Submit certified court and/or prosecutor documents (disposition, certificate of finality). NBI updates the record to remove the derogatory tag.
  3. Case Terminated After Plea / Conviction Served

    • The case ended with conviction but penalty served long ago.
    • Fix: Provide final judgment and proof of compliance (e.g., probation discharge). NBI can annotate to non-derogatory if no active case/warrant remains. (NBI keeps historical entries but should not mark you “with derogatory record” when no current derogatory basis exists.)
  4. Pending Case or Active Warrant

    • There’s a live case or outstanding warrant.
    • Fix: You must resolve it in the prosecutor’s office or court (e.g., file a motion to recall/lift warrant, move for dismissal, or proceed to trial). NBI remark changes only after official orders appear in the record.
  5. Data Errors (wrong birth date, middle name, typos, alias issues, marriage name)

    • Fix: Show civil registry/PSA documents and IDs; request data rectification with NBI.

Step-by-Step: How to Get “No Derogatory Record”

A. If You Got a “HIT” or “For Verification” Slip

  1. Return on the date given (or proceed to the NBI Verification/Quality Control Window if instructed).

  2. Bring strong identity proof:

    • Government ID(s) with photo, full name, middle name, birth date.
    • PSA/Local Civil Registrar birth certificate (and marriage certificate if name changed).
  3. Undergo interview & biometrics re-check.

  4. Result:

    • If purely namesake, NBI releases your clearance with “No Derogatory Record.”
    • If matched to an actual case, you’ll receive an Instruction Note listing documents to submit (see Section C).

B. If Your Clearance Says “With Criminal Record / With Record”

  1. Ask for the index details at NBI Verification/Records:

    • Case title, court/prosecutor office, docket number, year, nature of offense.
  2. Request a checklist of documents NBI needs (they’ll tell you which court/prosecutor).

  3. Obtain certified documents (see next section), then return to NBI for rectification.

C. Documents You May Need (get Certified True Copies)

Depending on your case status, secure any combination of:

  • From the Court (MeTC/MTCC/MTC/RTC/Sandiganbayan):

    • Order/Decision/Judgment showing dismissal, acquittal, or outcome.
    • Certificate of Finality (if decided).
    • Order recalling/lifting warrant (if any existed).
    • Commitment/Release/Probation discharge (if applicable).
  • From the Office of the City/Provincial Prosecutor:

    • Certification that complaint was dismissed or withdrawn (e.g., for lack of probable cause).
    • Resolution terminating proceedings or Information withdrawn.
  • From PNP/Other Agencies (rare but sometimes requested):

    • Clearance confirming no active watchlist/BOLO for your identity (only if NBI specifically asks).
  • Identity & civil status proofs: PSA Birth/Marriage Certificate, valid IDs.

Tip: Ask the court/prosecutor window for a “whole case route”: cover letter + docket history + dispositive order + finality certificate. It saves repeat trips.

D. Filing the Rectification with NBI

  1. Go to NBI Verification/Quality Control/Records (the office that issued your slip/remark).

  2. Submit:

    • Your current NBI slip/clearance with adverse remark.
    • Certified court/prosecutor documents (photocopy + original for comparison).
    • Your IDs (and PSA docs for identity issues).
  3. Sign a data rectification form or short request narrative.

  4. Processing:

    • Staff will match docket details, scan/attach your certified copies, and update the central record.
    • You may be asked to re-enroll biometrics to bind the clean result to your fingerprint profile (helps prevent future namesake hits).
  5. Release:

    • NBI prints a new clearance with “No Derogatory Record.”
    • Keep scanned copies of what you submitted; they help on future renewals.

Special Situations & How to Handle Them

  • Active Warrant Found

    • NBI cannot clear you. Consult counsel immediately.
    • If the case was actually resolved, hunt down the recall order or file the appropriate motion to recall in court.
  • Archived/Provisionally Dismissed Case

    • If no live warrant and proceedings effectively ended, present the order + any prosecutor certification. NBI typically treats this as non-derogatory.
  • Probation/Parole Completed

    • Present the discharge order or completion certificate; NBI should remove current derogatory status.
  • Wrong Personal Data / Alias

    • Submit PSA records and IDs; execute an Affidavit of Name/Identity Discrepancy if advised.
  • Married/Changed Name

    • Bring PSA marriage certificate (and CENOMAR/PSA birth certificate if needed). Ask NBI to link both names to your biometrics.
  • Foreign Applicants / Dual Citizens

    • Bring passport(s), ACR/I-Card as applicable, and local civil registry documents if you have Philippine records.
  • OFW / Tight Timeline

    • Rectify as above; if documents are from a distant court, send an authorized representative with a SPA or secure e-certified copies if the court offers them.

Practical Checklists

Identity-Only (Namesake) HIT

  • Government ID with complete name + birth date
  • PSA Birth Certificate
  • Return on verification date / proceed to QC window
  • Biometrics re-check → reprint with “No Derogatory Record”

Old Case Dismissed/Acquitted

  • Court Order/Decision showing dismissal/acquittal
  • Certificate of Finality (if any)
  • Prosecutor Certification/Resolution (if dismissal at prosecutor level)
  • Submit to NBI Verification → rectification → reprint

Data Error (Wrong DOB/Middle Name)

  • PSA Birth/Marriage Certificate
  • Valid IDs reflecting correct data
  • Affidavit of Discrepancy (if advised)
  • Request data correction → reprint

Fees, Timelines, and Tips

  • NBI Clearance fee: commonly around ₱130–₱200 plus small e-payment/convenience fees. (The rectification itself is generally no extra fee; you may just need a reprint.)

  • Court/Prosecutor certifications: expect ₱100–₱500+ depending on pages and certification/stamp duties.

  • Timeline:

    • Namesake hits: often same day to a few days after your return date.
    • Court/prosecutor docs: depends on that office (plan for 1–3+ days).
    • Reprint after rectification: typically same day once accepted.

Pro tip: Ask the NBI staff to bind your verified identity to your biometrics and note “not the same person as [case docket]” in the file. This makes future renewals smoother.


What You Cannot Do (and Should Avoid)

  • Fixers: Using fixers is illegal (and risky). All changes must be based on authentic, certified public records.
  • Affidavit of Desistance alone: Not enough; you still need the official court/prosecutor order terminating the case or recalling the warrant.
  • Arguing at NBI without papers: NBI can only change the remark when records support the change. Bring the documents.

Simple Scripts You Can Use

Request for Court Certification (counter window)

“Good morning. I need certified true copies of the order/decision dismissing [Case Title, Docket No.], and a Certificate of Finality if available, for NBI rectification.”

At the Prosecutor’s Office

“Hello. May I request a certified copy of the resolution dismissing/withdrawing the complaint for [Case Title, NPS No.], for submission to the NBI to update my clearance record?”

At NBI Verification/Records

“Hi. I’m here to rectify my NBI record. Here are the certified court/prosecutor documents showing the case was dismissed/final. Please update my record and reprint my clearance to reflect ‘No Derogatory Record.’”


FAQs

Q: My case was dismissed years ago. Why is my clearance still “with record”? A: Court outcomes don’t always auto-sync to all databases. Provide certified copies to NBI so they can update.

Q: Can NBI delete my history? A: NBI keeps historical entries, but if there’s no current derogatory basis, your clearance can print “No Derogatory Record.”

Q: The docket number is unknown. How do I find it? A: Ask NBI for the index details (court, prosecutor, year). Then go to that office’s records to search by name and date of birth.

Q: I need the clearance urgently for a job/visa. Any shortcut? A: No shortcuts—but you can parallel-process: send a representative to get certified copies while you coordinate with NBI. Bring multiple photocopies.

Q: Can I authorize someone to process for me? A: Yes. Provide a Special Power of Attorney, your ID copies, and the representative’s ID.


Model Rectification Letter (you can adapt)

Subject: Request for Rectification of Derogatory Remark – NBI Clearance To: NBI Verification/Records I respectfully request rectification of my NBI record. I am [Full Name, DOB, Mother’s Maiden Name], holder of [ID Type & No.]. My NBI Clearance (Ref No. ______, dated ______) shows “With Record/Criminal Record.” Enclosed are certified true copies of [court/prosecutor documents] evidencing that the case [Docket No., Title] was [dismissed/acquitted/withdrawn/final] on [date]. In view of these, I request that my record be updated and that my clearance be reprinted with “No Derogatory Record.” Thank you.


Bottom Line

  • Namesake or outdated case? Supply identity proofs and certified court/prosecutor documents.
  • Active case/warrant? Resolve it first; NBI will follow the court’s orders.
  • Be systematic: Get the docket → secure certified orders → return to NBI for rectification + reprint.

If you want, tell me which scenario you’re in and what documents you already have—I can map out the exact to-do list for your case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.