In the Philippines, "criminal records" are not stored in a single, monolithic database. Instead, they are maintained by different government agencies for specific purposes. Navigating these records is essential for employment, travel, or legal clearance.
1. Types of Criminal Records and Clearances
There are three primary clearances used to verify an individual’s criminal history in the Philippines:
- NBI Clearance: Issued by the National Bureau of Investigation. This is the most comprehensive database, centralized nationwide. It records arrests, filed cases, and convictions.
- Police Clearance: Issued by the Philippine National Police (PNP). This typically covers records within a specific municipality or city (local) or through the National Police Clearance System (NPCS).
- Barangay Clearance: The most localized level, certifying that a person is a resident of good moral character with no derogatory records in their specific neighborhood.
2. How to Check for Criminal Records
If you are unsure if a record exists against your name (often due to a "HIT" during an application), you can verify it through these channels:
- NBI Online Portal: Apply for an NBI clearance through the official website. If your name returns a "HIT," it means there is a namesake or an actual record that requires further verification at an NBI office.
- National Police Clearance System (NPCS): You can register online to set an appointment for fingerprints and photo capture. The system will flag any outstanding warrants or past cases.
- Court Verification: If you know a case was filed against you, you can visit the Office of the Clerk of Court in the city or province where the case was heard to request a "Certification of Case Status."
3. Clearing a Criminal Record: The Legal Process
"Clearing" a record does not always mean deleting it; usually, it means updating the status to show that a case has been resolved or dismissed.
A. If the Case was Dismissed or Acquitted
If you were charged but the court dismissed the case or found you "Not Guilty," the record will still appear as a "HIT" until you provide proof of resolution.
- Obtain a Certified True Copy of the Order of Dismissal or Judgment of Acquittal from the court that handled the case.
- Secure a Certificate of Finality (showing the decision can no longer be appealed).
- Present these documents to the NBI or PNP to have your records updated.
B. If You Were Convicted (Restoration of Rights)
A conviction remains on your permanent record. However, you can mitigate its effects through:
- Pardon or Amnesty: Granted by the President of the Philippines, which can restore civil and political rights.
- Expungement (Limited): Unlike some Western jurisdictions, the Philippines has very narrow laws for "expunging" or "sealing" records. It is generally reserved for juvenile offenders under the Juvenile Justice and Welfare Act (R.A. 9344), where records are kept confidential and eventually deleted.
C. Handling a "HIT" Due to Namesake
Many Filipinos encounter a "HIT" because someone with the same name has a criminal record. To clear this:
- Attend the NBI "Quality Control" interview.
- Sign an Affidavit of Denial, swearing under oath that you are not the person mentioned in the criminal record.
4. Key Laws to Consider
- R.A. 10867 (NBI Reorganization Act): Mandates the NBI to maintain a modern, computerized records system.
- The Revised Penal Code: Governs the penalties and the "extinction of criminal liability."
- Rule 120, Rules of Court: Details how judgments are promulgated and recorded.
5. Essential Documents for Record Updating
To transition a record from "Pending" to "Cleared," ensure you have the following:
- Certified True Copy of Court Decision/Order.
- Certificate of Finality.
- Valid Government IDs (Passport, UMID, Driver’s License).
- Affidavit of Denial (for identity disputes).
6. Summary Table: Agency Jurisdiction
| Agency | Scope | Best For |
|---|---|---|
| NBI | National | Formal Employment, Visa Applications, Firearms Licensing |
| PNP | Local/National | Local Employment, Permits, ID Verification |
| Courts | Case Specific | Obtaining proof of dismissal or case resolution |