In the Philippines, the National Bureau of Investigation (NBI) Clearance is a vital document for employment, travel, and licensing. However, many applicants encounter the dreaded "HIT"—a notification that their name matches a record in the NBI’s database. While a "HIT" is often a case of mistaken identity, it can also stem from past criminal cases that have already been dismissed or settled.

Clearing an NBI hit and ensuring your record is updated is a multi-step legal process. Below is a comprehensive guide on the legal frameworks and procedures involved.

1. Understanding the "NBI Hit"

An NBI "HIT" occurs when the NBI’s biometric and name-matching system finds a match for your name (or a "sound-alike") in its criminal database. This database includes:

Warrants of Arrest
Pending Criminal Cases
Past Convictions
Dismissed Cases (that haven't been updated)

A hit does not automatically mean you have a criminal record; it simply means further verification is required to ensure you are not the person of interest.

2. The Quality Control (QC) Interview

If your application results in a hit, you will be asked to return after several days for a Quality Control (QC) interview.

Mistaken Identity: If the hit is due to a namesake, the NBI will verify your identity against the person with the record. Once it is proven that you are not the same person, your clearance will be issued with a "No Criminal Record" remark.
Actual Record Match: If the hit is indeed yours, you must provide legal proof that the case is no longer active or has been resolved in your favor.

3. How to Clear an Actual Criminal Record

If you have a past criminal case that is causing a permanent hit, you must undergo the process of Record Updating. The NBI database does not automatically sync with court records; therefore, the burden of proof lies with the applicant.

Step 1: Obtain a Court Disposition

You must go to the specific branch of the Municipal Trial Court (MTC) or Regional Trial Court (RTC) where your case was filed. Request a Certificate of Finality or a Court Disposition.

Dismissed/Acquitted: The document must state that the case has been dismissed or that you were acquitted.
Served Sentence: If you were convicted but have finished your sentence or probation, you must provide proof of completion and a court order terminating the case.

Step 2: Secure a Prosecutor's Clearance

If the case never reached the court and was dismissed at the Prosecutor’s office level, you must obtain a Resolution of Dismissal from the Department of Justice (DOJ) or the relevant Office of the Prosecutor.

Step 3: Presentation to NBI Clearance Center

Bring the original and notarized copies of these court documents to the NBI Clearance Center (Quality Control Section). The NBI legal officers will review the documents to verify their authenticity.

4. The "Removal" vs. "Updating" of Records

It is a common misconception that a criminal record can be "deleted" or "wiped clean" from the NBI database.

The Reality: Once a case is filed, it remains in the system for archival purposes. However, the status is updated from "Pending" or "Warrant Issued" to "Dismissed," "Acquitted," or "Case Closed."
The Result: Once updated, your NBI Clearance will reflect "NO DEROGATORY RECORD" or "NO CRIMINAL RECORD," despite the history remaining in the internal database for tracking.

5. Special Cases: The Rule on Expungement

Unlike in other jurisdictions (like the US), the Philippines does not have a comprehensive Expungement Law that completely erases adult criminal records. However, there are exceptions:

A. Juvenile Records

Under the Juvenile Justice and Welfare Act (R.A. 9344), records of Children in Conflict with the Law (CICL) are confidential. Once the minor reaches adulthood and the case is resolved, these records should not appear in NBI clearances and are effectively shielded from public view.

B. Possession of Dangerous Drugs

Under Section 51 of R.A. 9165 (Comprehensive Dangerous Drugs Act), a first-time offender who successfully completes a voluntary rehabilitation program may have their records "expunged" or the case dismissed, effectively clearing the NBI hit for that specific incident.

6. Legal Remedies for Refusal to Clear

If the NBI refuses to update your record despite the presentation of valid court orders, you may have legal recourse:

Written Request for Correction: Submit a formal letter to the NBI Director or the Chief of the Information and Communication Technology Division (ICTD) invoking your right to correct inaccurate data.
Data Privacy Act (R.A. 10173): Under the Data Privacy Act, individuals have the Right to Rectification. If the NBI maintains inaccurate or outdated information that prejudices your right to employment, you may file a complaint with the National Privacy Commission (NPC).
Petition for Mandamus: In extreme cases of administrative negligence, a lawyer may file a Petition for Mandamus to compel the NBI to perform its legal duty of updating the record.

Summary Checklist for Clearing a Hit

Document Needed	Source	Purpose
Court Disposition	Trial Court (MTC/RTC)	Shows the final status of the case.
Certificate of Finality	Trial Court	Proves the decision is no longer appealable.
Release Paper	Bureau of Jail/Corrections	Proves completion of sentence (if convicted).
Affidavit of Denial	Notary Public	Used specifically for mistaken identity/namesakes.