In the Philippines, the dismissal of a criminal case does not automatically "erase" the record from government databases. While the legal victory of a dismissal or acquittal ends the litigation, the administrative trail remains. This often results in a "HIT" during NBI Clearance applications or delays in Passport issuance by the Department of Foreign Affairs (DFA).
To fully restore your status and ensure smooth travel and employment opportunities, you must undergo a specific administrative process to "clear" these records.
Understanding the "HIT" and the Record System
When a case is filed in court, the information is shared with agencies like the NBI and potentially the DFA (via the Bureau of Immigration). Even if the case is dismissed, the name remains in the database until the individual provides proof that the case has been resolved in their favor.
1. The NBI Clearance Process
The National Bureau of Investigation (NBI) maintains a comprehensive database. A "HIT" occurs when your name matches a record in their system, whether the case is pending or already dismissed.
- The Problem: If you apply for a clearance and have a dismissed case, the system will flag you. You will be asked to return after a few days for a "Quality Control" (QC) interview.
- The Solution: You must present a Certificate of Finality and a Court Clearance.
- The Procedure: During the QC interview, present the original and photocopies of the court documents. The NBI legal department will verify these. Once verified, the "HIT" status for that specific case will be updated to reflect the dismissal, and your clearance will be issued with the remark "No Criminal Record."
2. The DFA Passport and Watchlist Issues
The DFA may deny or suspend a passport application if the applicant is subject to a Hold Departure Order (HDO), a Watchlist Order (WLO), or if there is an existing warrant of arrest.
- The Problem: Sometimes, even after a case is dismissed, the DFA’s system still reflects an active alert. This is common if the court or the Bureau of Immigration (BI) failed to transmit the lifting of the HDO/WLO to the DFA.
- The Solution: You must obtain an Order Lifting the Hold Departure Order from the court that issued it. You may also need a Certificate of Non-Inclusion in the Bureau of Immigration Watchlist.
Essential Documentation
To clear your name across all agencies, you must secure the following documents from the court where your case was heard:
| Document | Purpose |
|---|---|
| Order of Dismissal | Proves the court has terminated the proceedings. |
| Certificate of Finality | Certifies that the dismissal is permanent and can no longer be appealed. |
| Court Clearance | A general certification from the Clerk of Court stating you have no pending cases in that specific jurisdiction. |
| Order to Lift HDO/WLO | Specifically required for DFA and Bureau of Immigration records. |
Step-by-Step Guide to Clearing Your Record
Step 1: Secure the Court Documents
Go to the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC) branch where your case was handled. Request "Certified True Copies" of the Dismissal Order and the Certificate of Finality. Note that there is usually a small processing fee.
Step 2: Update the NBI Database
- Apply for your NBI Clearance online.
- Attend your appointment. If a "HIT" is found, you will be given a date to return for the QC interview.
- During the interview, submit the Certified True Copies of your court documents.
- The NBI will update their "Masterlist." Once updated, your clearance should come out clean.
Step 3: Clearing the DFA/Passport Record
If the DFA flags your application due to a legal "red flag":
- Submit the Order Lifting the HDO and the Certificate of Finality to the DFA’s Office of Consular Affairs.
- If the issue persists, you may need to visit the Bureau of Immigration (BI) Main Office in Intramuros to secure a "Clearance Certificate" or "Certification of Non-Inclusion" in their derogatory list.
- Present this BI Clearance to the DFA to proceed with your passport issuance.
A Note on "Expungement"
Unlike in some Western jurisdictions, the Philippines does not have a broad "Expungement Law" that physically deletes or destroys records. The records remain in the archives of the court and the agencies, but their status is updated to "Dismissed," "Acquitted," or "Archived." For all legal intents and purposes, a person whose case was dismissed is considered to have no criminal record. However, the burden of proof to update these administrative databases lies with the individual.
Summary Checklist for Success
- Certified True Copy of Dismissal Order (From the Court)
- Certificate of Finality (From the Court)
- Lifting of Hold Departure Order (If applicable)
- NBI Quality Control Interview (To update the "HIT")
- Bureau of Immigration Clearance (If flagged for travel/DFA)