Introduction

In the Philippines, checking criminal records or obtaining a clearance certificate is primarily handled through the National Bureau of Investigation (NBI) Clearance system. The NBI Clearance is an official document issued by the NBI, a government agency under the Department of Justice (DOJ), certifying that an individual has no pending criminal cases or derogatory records based on the bureau's database. This clearance is essential for various purposes, including employment, visa applications, business permits, firearm licenses, adoption proceedings, and other legal or administrative requirements. It serves as a background check to verify an applicant's criminal history or lack thereof.

The process is governed by Republic Act No. 10867, which modernized the NBI's operations, and various administrative orders from the DOJ. The NBI Clearance is distinct from other clearances like the Police Clearance (issued by the Philippine National Police or PNP) or Barangay Clearance, as it provides a national-level check rather than a local one. While the PNP Clearance focuses on local police records, the NBI Clearance draws from a centralized database that includes records from courts, prosecutors, and other law enforcement agencies nationwide.

This article provides a comprehensive guide on how to check criminal records through the NBI Clearance, including eligibility, requirements, application procedures, fees, validity, potential issues, and related legal considerations. It is based on established Philippine laws and standard practices as of the current framework.

What is an NBI Clearance and Why is it Needed?

The NBI Clearance, officially known as the NBI Multi-Purpose Clearance Certificate, is a document that attests to the absence of any criminal record against the applicant in the NBI's files. It replaced the older "NBI Clearance" and "NBI Hit/No Hit" system with a unified multi-purpose format in 2014 to streamline applications.

Purposes of NBI Clearance

Under Philippine law, the NBI Clearance is required for:

Employment: Both local and overseas jobs often mandate it to ensure the applicant has no criminal history. For Overseas Filipino Workers (OFWs), it is a prerequisite for POEA (Philippine Overseas Employment Administration) processing.
Visa and Immigration: Embassies and immigration authorities, such as those for Schengen visas, US visas, or permanent residency abroad, require it as proof of good moral character.
Licenses and Permits: Needed for professional licenses (e.g., PRC board exams), firearm permits under RA 10591 (Firearms Law), business registrations, and bidding for government contracts.
Legal Proceedings: Used in court cases, adoption under RA 8552 (Domestic Adoption Act), child custody, or guardianship applications.
Education and Scholarships: Some universities or scholarship programs require it for enrollment or funding.
Other Uses: Voting registration in some cases, or as a supporting document for name changes under RA 9048.

Failure to obtain or present a valid NBI Clearance can result in delays or denials in these processes. It does not, however, cover civil cases, traffic violations, or records from other agencies like the Bureau of Immigration (BI) for hold departure orders.

Eligibility and Who Can Apply

Any Filipino citizen or resident alien aged 18 and above can apply for an NBI Clearance. Minors (below 18) may apply through a parent or guardian for specific purposes like travel or adoption. Foreign nationals residing in the Philippines can also apply, but they must present additional documents such as an Alien Certificate of Registration (ACR) or passport.

There are no restrictions based on prior records; even individuals with past convictions can apply, though their clearance may indicate a "hit" requiring further review. The NBI does not discriminate based on gender, religion, or other factors, in line with the Philippine Constitution's equal protection clause (Article III, Section 1).

Requirements for Application

To apply, applicants must prepare the following:

Valid Identification: At least two (2) government-issued IDs, such as:
- Passport
- Driver's License (LTO-issued)
- Voter's ID (COMELEC)
- SSS/GSIS ID
- PRC ID
- PhilHealth ID
- Birth Certificate (PSA-issued)
- For minors: School ID plus parent's ID
- For foreigners: Passport and ACR I-Card
Application Form: Generated online or filled out at the center.
Payment Receipt: Proof of fee payment.
Additional Documents for Specific Purposes:
- For renewal: Previous NBI Clearance.
- For name corrections: PSA Birth Certificate or Marriage Certificate.
- For abroad use: Sometimes requires apostille from the DFA under the Apostille Convention (effective in the Philippines since May 14, 2019).

Applicants with name similarities to individuals with records (e.g., common names like "Juan Dela Cruz") may need to provide affidavits or additional proofs to resolve "hits."

Application Process: Step-by-Step Guide

The NBI has digitized much of the process through its online portal, reducing wait times. There are two main methods: online application with appointment and walk-in (limited availability).

Online Application

Registration: Visit the official NBI website (nbi.gov.ph) and create an account using a valid email address. Fill out personal details accurately, including full name, birthdate, address, and contact information. This generates a reference number.
Purpose Selection: Choose the purpose (e.g., local employment, travel abroad) as it affects the fee and format.
Payment: Pay the fee online via partnered banks, e-wallets (e.g., GCash, PayMaya), or over-the-counter at authorized outlets like Bayad Centers. Fees range from PHP 130 to PHP 430 depending on purpose.
Schedule Appointment: Select a preferred NBI Clearance Center and date/time slot. Centers are located nationwide, including in malls (e.g., Robinsons, SM) for convenience.
Visit the Center: On the appointment date, bring requirements. Undergo biometrics (fingerprint scanning), photo capture, and data verification. If no "hit" (no matching records), the clearance is printed immediately. If there's a "hit," proceed to quality control for review, which may take 3-5 days or longer.
Claiming: Collect the clearance at the center or opt for delivery via courier (additional fee).

Walk-In Application

Available at select centers (e.g., NBI Main Office in Manila or regional offices), but subject to daily quotas. Arrive early (as early as 4 AM in busy areas) with requirements. The process mirrors the online one but without prior scheduling, leading to longer waits.

For Overseas Applicants

Filipinos abroad can apply through Philippine Embassies or Consulates, which forward applications to the NBI. Alternatively, authorize a representative in the Philippines via a Special Power of Attorney (SPA) notarized and authenticated by the DFA.

Fees and Payment

Fees are set by the NBI and DOJ:

Local Employment/Other Local Purposes: PHP 130
Travel Abroad/Immigration: PHP 430 (includes additional processing)
Renewal: Same as above.
Delivery: PHP 200-500 via courier.

Payments are non-refundable. Exemptions or discounts apply to persons with disabilities (PWDs) under RA 7277, senior citizens under RA 9994, and indigents with certificates from the DSWD.

Processing Time and Validity

Processing Time: Immediate for no-hit cases; 3-15 days for hits, depending on verification needs. Expedited processing is not officially available but can be requested in urgent cases with justification.
Validity: One (1) year from the date of issuance, as per NBI policy. Some agencies may require a fresh clearance within 6 months.

Common Issues and Resolutions

"Hit" Status

A "hit" occurs if the applicant's details match someone with a record. This does not mean guilt; it could be a name match. Resolution:

Attend a hearing or submit clarificatory documents (e.g., affidavits, court dismissals).
If the case is resolved (e.g., acquitted under RA 9165 for drug cases), present proof for clearance issuance.

Lost or Damaged Clearance

Apply for a reprint at any NBI center with the reference number and ID; fee is PHP 130.

Errors in Clearance

For corrections (e.g., misspelled name), file a request at the NBI with supporting documents like PSA certificates. Governed by RA 10172 for clerical errors.

Fraud and Penalties

Falsifying documents or using fake clearances is punishable under RA 10175 (Cybercrime Prevention Act) and Article 172 of the Revised Penal Code (Falsification of Public Documents), with penalties up to 6 years imprisonment and fines.

Alternatives to NBI Clearance

PNP Police Clearance: For local checks; apply online via pnp.gov.ph or at police stations. Fee: PHP 150-300. Valid for 6 months.
Court Clearances: From Regional Trial Courts or Municipal Trial Courts for specific case verifications.
Integrated Bar of the Philippines (IBP) Clearance: For lawyers.
Private Background Checks: Allowed but not official; companies like those accredited by the SEC can conduct them with consent under RA 10173 (Data Privacy Act).

Legal Considerations and Rights

Under the Data Privacy Act (RA 10173), the NBI must protect applicant data and obtain consent for processing. Applicants have the right to access their records and correct inaccuracies. Discrimination based on criminal records is prohibited unless job-related (e.g., under Labor Code Article 282 for just causes of termination).

For expungement of records, RA 11361 (Anti-Bastos Law) and other laws allow sealing of certain records (e.g., for first-time minor offenders under RA 9344 Juvenile Justice Act).

Conclusion

Obtaining an NBI Clearance is a straightforward yet crucial process in the Philippine legal system, ensuring transparency and accountability in personal and professional dealings. By following the outlined steps and preparing adequately, applicants can navigate the system efficiently. For updates or specific queries, consult the official NBI website or visit a center, as procedures may evolve with technological advancements or policy changes.