How to Check Criminal Records and Get an NBI Clearance in the Philippines

Introduction

In the Philippines, accessing criminal records and obtaining a clearance certificate is primarily managed through the National Bureau of Investigation (NBI), a government agency under the Department of Justice responsible for investigating crimes and maintaining criminal databases. The NBI Clearance serves as an official document certifying that an individual has no pending criminal cases or convictions based on NBI records. This clearance is essential for various purposes, including employment, visa applications, travel abroad, firearm permits, adoption proceedings, and local government requirements. It is not a comprehensive nationwide criminal record check but focuses on NBI-maintained data, which includes serious crimes, arrests, and warrants.

Understanding the process is crucial, as it intersects with Philippine laws such as Republic Act No. 10173 (Data Privacy Act of 2012), which protects personal information, and Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act), among others that may influence record access. This article provides a detailed overview of checking criminal records and obtaining an NBI Clearance, grounded in Philippine legal and administrative frameworks.

Legal Basis for Criminal Records and Clearances

Criminal records in the Philippines are governed by multiple laws and agencies:

• NBI's Role: Under Republic Act No. 157 (1947), as amended, the NBI is tasked with maintaining a central repository of criminal records, fingerprints, and identification data. It issues clearances based on its database, which compiles information from police reports, court decisions, and other law enforcement sources.

• Other Agencies: While the NBI Clearance is the most common, other entities like the Philippine National Police (PNP) issue Police Clearances for local records, and courts maintain their own dockets. For a full criminal background, one might need clearances from multiple sources, but NBI is the primary national-level check.

• Privacy Considerations: The Data Privacy Act restricts unauthorized access to personal data, including criminal records. Individuals can access their own records, but checking someone else's requires legal authorization, such as a court subpoena or consent under specific circumstances (e.g., employment background checks with written permission).

• Expungement and Sealing: Under Philippine jurisprudence, certain records may be expunged or sealed, such as in cases of acquittal or minor offenses. However, the NBI database retains historical data unless formally corrected or updated via legal processes.

Falsifying information on applications or using forged clearances can lead to charges under Article 172 of the Revised Penal Code (Falsification of Public Documents), punishable by imprisonment and fines.

Purposes and Types of NBI Clearance

NBI Clearances are categorized based on purpose:

• Local Clearance: For domestic use, such as job applications within the Philippines, business permits, or school enrollments.

• Travel Abroad Clearance: Required for immigration, work visas, or residency abroad, often needing apostille or authentication from the Department of Foreign Affairs (DFA) for international validity.

• Special Clearances: For specific needs like firearm licenses (under Republic Act No. 10591) or adoption (under Republic Act No. 8552).

The clearance indicates "No Criminal Record" if clear, or lists any "hits" (pending cases or convictions). A "hit" requires further verification and may delay issuance.

Validity is typically one year from issuance, though some entities accept it for six months. Renewals follow the same process.

Requirements for Obtaining NBI Clearance

To apply, applicants must prepare:

• Valid Identification: At least two government-issued IDs, such as a passport, driver's license, voter’s ID, SSS ID, PhilHealth ID, or birth certificate. For minors, a birth certificate and guardian's ID suffice.

• Application Form: Completed online or on-site.

• Payment: Fees vary: PHP 130 for local clearance, plus PHP 25 service fee for online processing. Additional fees for express processing or mailing.

• Biometrics: Fingerprint scanning and photo capture are mandatory.

Special cases:

• Minors: Accompanied by a parent or guardian.
• Senior Citizens/PWDs: Priority lanes and possible fee waivers under Republic Act No. 9994 and 7277.
• OFWs: May apply via Philippine embassies abroad.

Step-by-Step Process to Get NBI Clearance

The process has evolved with digitalization under the NBI's online system, reducing wait times.

1. Online Registration:

   • Visit the official NBI website (nbi.gov.ph) or use the NBI Clearance Online Application portal.
   • Create an account with a valid email and mobile number.
   • Fill out the application form with personal details (name, birthdate, address, etc.). Ensure accuracy to avoid "hits" from name similarities.

2. Schedule Appointment:

   • Select a preferred NBI branch or satellite office (e.g., NBI Main Office in Manila, regional centers in Cebu, Davao, etc.).
   • Choose a date and time slot. Walk-ins are discouraged; appointments are required in most branches.

3. Payment:

   • Pay online via GCash, credit card, or bank transfer, or on-site at the branch.
   • Generate a reference number for tracking.

4. Visit the NBI Site:

   • Arrive on the scheduled date with IDs and payment proof.
   • Undergo biometrics: Digital fingerprinting and photo.
   • If no "hit," receive the clearance immediately or via email/print on the same day.
   • If there's a "hit," proceed to quality control for verification. This may require affidavits, court documents, or additional interviews. Resolution can take days to weeks.

5. Claiming the Clearance:

   • Printed on security paper with QR code for verification.
   • Option for delivery via courier for an extra fee.

For renewals, use the "Quick Renewal" feature if no changes in details and no hits in prior applications.

Checking Criminal Records

Self-Check

• The NBI Clearance process inherently checks your own records.
• Alternatively, request a copy of your NBI Identification Record (fingerprint-based) for a fee, useful for disputing inaccuracies.

Checking Others' Records

• Limited Access: Philippine law prohibits public access to others' criminal records without justification. Employers may require applicants to submit their own NBI Clearance.
• Legal Channels:
  • Court Records: Publicly accessible via the Supreme Court's e-Court system or physical court clerks for decided cases, but not ongoing investigations.
  • PNP Police Clearance: Local stations issue clearances based on blotter reports; can be requested with consent.
  • Subpoena or Warrant: Law enforcement or courts can access full records.
• Background Checks: Private firms may conduct checks with consent, but must comply with data privacy laws. Unauthorized checks can lead to penalties under RA 10173.

Correcting Errors in Records

• If a "hit" is erroneous (e.g., due to name similarity), file a Motion for Clarification at the NBI with supporting documents like birth certificates or court dismissals.
• For expungement, petition the court under relevant rules (e.g., Rule 126 of the Rules of Court for search warrants related issues).

Common Issues and Troubleshooting

• Hits and Delays: Common for common names. Bring proof of identity to resolve.
• Lost Clearance: Apply for a duplicate with an affidavit of loss.
• Online Issues: System glitches; contact NBI helpline (02-8523-8231) or email (clearance@nbi.gov.ph).
• Fraudulent Services: Avoid third-party "fixers"; use official channels to prevent scams.
• COVID-19 Adjustments: Mask mandates and health protocols may still apply in branches.

Alternatives and Supplementary Clearances

• PNP Police Clearance: For local records; apply at police stations or online via pnp.gov.ph. Fee: PHP 150-300.
• Barangay Clearance: Basic community-level certification.
• Court Clearance: From Regional Trial Courts for judicial records.
• International Checks: For Filipinos abroad, NBI has satellite offices in select countries; otherwise, use mail-in applications.

For comprehensive checks, combine NBI with PNP and court clearances.

Penalties for Misuse

Using a fake NBI Clearance is punishable under the Anti-Falsification Laws, with penalties up to 12 years imprisonment. Employers verifying clearances can scan the QR code or check via the NBI website.

Conclusion

Obtaining an NBI Clearance is a straightforward yet essential process in the Philippine legal system, ensuring transparency and compliance for personal and professional endeavors. By following the outlined steps and understanding legal nuances, individuals can efficiently navigate this requirement while respecting privacy laws.