How to Check Someone’s Criminal Record in the Philippines A Comprehensive Legal Guide (2025 edition)
Table of Contents
1. Purpose & Scope
This article explains—step‑by‑step—every legally recognized method for verifying whether a person has been charged, tried, convicted, or sentenced in the Philippines. It is intended for:
- Employers & HR officers performing due diligence;
- Visa applicants or foreign governments seeking Philippine police certificates;
- Private individuals who need proof of “no criminal record” (e.g., for adoption, firearms licensing, or immigration); and
- Lawyers, investigators, and journalists researching an individual’s background.
Disclaimer: This is a general reference as of 24 July 2025. It does not constitute legal advice. Procedures—and fees—change; always confirm with the issuing office.
2. Governing Laws & Principles
| Legal Basis | Key Points |
|---|---|
| Constitution, Art. III § 7 | Public’s right to information on matters of public concern, subject to limitations. |
| Data Privacy Act of 2012 (RA 10173) | Criminal history is “sensitive personal data”. Processing requires (a) consent or (b) another lawful basis (e.g., legal obligation, vital interest). |
| NBI Reorganization & Modernization Act (RA 10867) | Mandates nationwide criminal history database and NBI clearance system. |
| PNP Charter (RA 6975 & RA 9708) | Authorizes the National Police Clearance System (NPCS). |
| Rules of Court, Rule 136 & related OCA Circulars | Set procedures for access to court records. |
| Juvenile Justice & Welfare Act (RA 9344, as amended) | Records of Children in Conflict with the Law (CICL) are strictly confidential and may not be disclosed except by court order. |
| Data Privacy Commission Advisories | Clarify employer background‑check limits and proportionality tests under RA 10173. |
3. Primary Record‑Issuing Authorities
3.1 National Bureau of Investigation (NBI) — “NBI Clearance”
| Item | Details |
|---|---|
| What it is | A centralized certificate stating (a) “NO CRIMINAL RECORD” or (b) a “HIT” that must be verified. It aggregates convictions, pending cases, warrants, and derogatory records from courts, prosecutor’s offices, PNP, and Interpol. |
| Who may request | The subject person (must appear in person for biometrics). Third parties need (i) the subject’s written, notarized authorization and (ii) a valid ID of both parties. |
| Procedure (2025) | 1. Create an account at clearance.nbi.gov.ph. 2. Encode personal data & select “NEW” or “RENEW”. 3. Pay the ₱130 base fee (+ e‑payment charges). 4. Book an appointment slot at any NBI outlet or e‑NBI satellite (Robinsons malls, LGU kiosks). 5. On‑site: present two valid IDs, undergo photo & fingerprints. 6. Same‑day release if NO HIT; 5–15 working days for HIT verification. |
| For Filipinos abroad | Apply through Philippine embassies/consulates, or execute Form No. 5 (fingerprint card) at local police + mail to NBI. Attach 2×2 photos & money order. |
| Legal weight | Commonly required by foreign embassies. Validity: 6 months (administrative); the data snapshot is real‑time on issuance date. |
3.2 Philippine National Police — “National Police Clearance”
System: National Police Clearance System (NPCS) run by the PNP Directorate for Investigation and Detective Management (DIDM).
Coverage: Pending warrants, complaints, blotter entries, and local police/court data fed to PNP; convictions still originate from courts/NBI.
Process:
- Register at pnpclearance.ph, pay ₱160.
- Choose an NPCS‑enabled station for appearance (live capture).
- Clearance printed while‑you‑wait if no “HIT”.
When to use: Faster than NBI for local employment or barangay permits, but some embassies require NBI.
Tip: Many LGUs (e.g., Quezon City, Cebu City) have integrated “one‑stop shops” that issue both police and barangay clearances in a single visit.
3.3 Offices of the City/Provincial Prosecutor
- Certification of No Pending Criminal Case (CNPC) lists all complaints where the subject is respondent within that territorial jurisdiction.
- Requirements: written request, photocopy of ID, and official receipt (₱50–₱200 depending on LGU).
- Use cases: Immigration, naturalization, corporate due diligence (verifying directors), or ad idem with foreign “Police Certificate of Good Conduct” forms that ask for “no PENDING charges”.
3.4 Trial & Appellate Courts
| Level | How to Verify |
|---|---|
| Regional Trial Court (RTC) & Municipal/Metropolitan Trial Courts (MTC/MeTC) | Go to the Office of the Clerk of Court with full name & birthdate. Request a Certificate of Pending/No Case or conduct a docket search (₱50‑₱200). Certified true copies of informations, judgments, or warrants available on payment of copy & certification fees. |
| Sandiganbayan (anti‑graft court) | Written request to the Judicial Records Division. Public decisions downloadable from sb.judiciary.gov.ph. |
| Court of Appeals & Supreme Court | Check published decisions; docket info available via the eCourts / e‑SC system or by written inquiry. |
Rule 123, § 6 (Rules of Criminal Procedure) allows anyone to obtain public records of terminated cases, subject to reproduction fees. Pending cases may be accessed only by parties or upon court leave.
3.5 Local Government Units — Barangay, City & Municipal Clearances
- Barangay Clearance shows complaints filed in the barangay lupong tagapamayapa and attests to the resident’s good standing in the community. It is required before obtaining a police clearance.
- Mayor’s / City Clearance (some LGUs): checks administrative violations (e.g., local ordinances).
3.6 Penal & Corrections Agencies
| Agency | Record Type | Access Method |
|---|---|---|
| Bureau of Corrections (BuCor) | Commitment & release data of persons sentenced over 3 years (New Bilibid Prison, Correctional Inst. for Women, etc.). | Submit FOI request or inquire via Records Management Division with court mittimus & authorization. |
| Bureau of Jail Management & Penology (BJMP) | Pre‑trial detainees and sentences ≤ 3 years in city/provincial jails. | Coordinate with jail warden; written request & court order often required. |
| Parole & Probation Administration (PPA) | Status of probation, parole, or suspended sentence. | For official use; request through the supervising probation officer. |
4. Supplementary & Third‑Party Sources
- Online “e‑Courts” Portal (Supreme Court–OCA project): Pilot in all Metro Manila RTCs/MeTCs plus select provinces; search by name or docket number.
- Philippine Integrated Criminal Justice Information System (PICJIS): Inter‑agency database (NBI, PNP, DOJ). Not open to the public; accessible only to authorized officers.
- Private Background‑Checking Firms: Must register as Personal Information Processors (PIPs) under RA 10173; must present notarized consent of the data subject.
- Interpol & ASEANAPOL Notices: For international wanted persons; query through PNP‑Interpol Division or NCB Manila.
5. Authentication for Overseas Use
- Obtain the original NBI Clearance (or Police Clearance).
- Present it to the Department of Foreign Affairs (DFA)–Aseana or any DFA Consular Office for Apostille (₱100 standard / ₱200 expedited).
- Many EU / Hague‑member states no longer require embassy legalisation once apostilled. Non‑Hague states (e.g., Canada, UAE) still require embassy authentication.
6. Privacy, Confidentiality & Juvenile Records
Consent‑‑or‑‑Legal Basis: Under § 12, RA 10173, employers may collect criminal‑history data only if:
- required by law (e.g., banking, security guard, child‑care sectors); or
- the applicant freely consents and the data is proportionate to the purpose.
Data Subject Rights: Right to access, rectify, and block or erase inaccurate or unlawfully obtained data.
Juvenile Records: RA 9344, § 60 seals CICL documents; disclosure is a criminal offense (penalty: prision correccional &/or ₱50 000 fine).
Expunged / Pardoned Offenses: Once a plenary pardon or amnesty is issued, the conviction is deemed extinguished; the NBI database is updated through DOJ circulars. Employers cannot use expunged data.
7. Clearing, Sealing & Correcting Records
| Remedy | Governing Rule | Typical Grounds |
|---|---|---|
| Motion to Correct Entry | Rule 108, Rules of Court | Misspelled names, wrong birthdates in information or judgment. |
| Petition for Expungement / Sealing | Inherent court power; applied to acquitted or dismissed cases to expunge arrest records. | |
| Certificate of Finality / Release | Issued by the Clerk of Court after judgment becomes final; used to clear “HIT” status at NBI. | |
| Executive Clemency (Pardon, Commutation) | Art. VII § 19 Const.; rules in Board of Pardons and Parole | Good conduct, humanitarian reasons. Once granted, file with NBI to update record. |
8. Employer / Agency Compliance Checklist
- Assess Necessity: Is the position security‑sensitive or mandated by law?
- Obtain Informed Consent: Use a stand‑alone form; never bundle with other consents.
- Collect Only the Certificate: Not raw database strings or blotter extracts.
- Store Securely: Encrypt digital copies; file locked cabinets for physical.
- Apply the “Relevance Test”: Consider nature of offense, recency, rehabilitation evidence (DOLE Labor Advisory 06‑2023).
- Dispose Properly: Retain only while necessary; shred or overwrite thereafter.
- Respond to Data Subject Requests: Provide copy or delete upon lawful request.
9. Practical Tips & Common Pitfalls
| Do | Don’t |
|---|---|
| Schedule online slots early (Mondays & month‑ends fill fast). | Assume “NO HIT” equals a clean slate; it may still hide sealed juvenile cases. |
| Bring two valid IDs (passport, UMID, driver’s license, PSA‑issued birth certificate). | Use photocopied IDs; NBI rejects laminated photocopies. |
| For married women, input maiden name at NBI (system rule). | Enter “N/A” for middle name; blank fields cause errors. |
| For surname duplicates, be ready for hits—common for Cruz, Dela Cruz, Reyes. | Bribe fixers—offenders are charged under RA 9485 (Anti‑Red Tape). |
| Follow up HIT verification via helpdesk@nbi.gov.ph; include reference code. | Submit altered or fake clearances abroad; DFA authentication cross‑checks QR codes. |
10. Frequently Asked Questions
- How long is an NBI clearance valid? Administratively six (6) months, but many employers accept up to one year.
- Can I request someone else’s clearance without consent? Only with court order or if you are law enforcement carrying out an official investigation.
- What if my record shows a case that was dismissed? Secure a Certificate of Finality from the court and submit to NBI “Documentary Section” for lifting of HIT.
- Are traffic tickets part of criminal records? Violations of the Land Transportation and Traffic Code are quasi‑criminal but usually reflected only if the case reached court.
- Is there a national “sex offender registry”? None as of 2025. Crimes under RA 8353 (rape) or RA 7610 (child abuse) appear in regular criminal indices.
11. Conclusion
Checking a person’s Philippine criminal history is multi‑layered: start with the NBI Clearance for a nationwide sweep, supplement with PNP or prosecutor certificates for pending matters, and confirm specific docket information directly with the courts when needed. Always balance the public’s right to know against the individual’s right to privacy and the safeguards of the Data Privacy Act. By following the lawful procedures outlined above, you can obtain reliable records while respecting due‑process and data‑protection norms.