How to Clear Derogatory Records in an NBI Clearance for Withdrawn Cases
Philippine legal guide (2025 update)
Quick take-away: If the criminal complaint filed against you was withdrawn (or later dismissed/archived), you can usually have the “HIT” or derogatory remark removed from your National Bureau of Investigation (NBI) record by presenting proof of the withdrawal to the NBI’s Quality Control (QC) / Records Clearance & Legal Division. The key documents are (1) a certified true copy of the court or prosecutor’s order of withdrawal/dismissal and (2) a Certificate of Finality or Certification of Non-Filing of Information. Processing normally takes 3–15 working days.
1. Why NBI Flags “Hits” Even After a Case Was Withdrawn
| Stage | What Happens | Why It Remains on NBI Database |
|---|---|---|
| Complaint filed at barangay / prosecutor | Your name is entered in the NBI / Case Information System (CIS). | Entry is automatic once a complaint has a docket number—even before inquest or probable-cause review. |
| Complainant withdraws or prosecutor files motion to withdraw the information | Case is “conditionally dismissed” or “withdrawn” under Rule 110, Sec. 4 of the Rules of Criminal Procedure. | NBI records are not purged in real time; they stay until the individual personally requests deletion or an inter-agency notice reaches NBI (rare). |
| Court issues an order noting withdrawal | Case is closed, but NBI keeps the record until formally requested to annotate/lift the hit. | NBI follows DOJ-NBI Circular 60-2014: removal requires proof of termination “with finality.” |
2. Legal Bases for Delisting
Republic Act 10867 (NBI Reorganization Act of 2016) Sec. 4(f) authorizes the NBI to “update, purge or revalidate” records upon determination that a criminal complaint “has been dismissed or withdrawn with finality.”
DOJ Department Circular No. 60-2014 Lays down the joint DOJ-NBI protocol for verifying criminal case status before record deletion.
Rule 119, Sec. 17 of the Rules of Criminal Procedure Provides that a dismissal/withdrawal becomes final after 15 days if unappealed, allowing issuance of a Certificate of Finality.
Data Privacy Act of 2012 (RA 10173) Grants the data subject the right to correction/erasure of obsolete or inaccurate personal data—including outdated criminal records.
3. Key Concepts: Withdrawn vs. Dismissed vs. Archived
| Term | Definition | Typical Paper Trail | Can be Cleared? |
|---|---|---|---|
| Withdrawn | Prosecutor or private complainant asks to pull out the information/complaint before arraignment. | Motion to Withdraw Information, court Order Granting Withdrawal. | Yes—most straightforward. |
| Dismissed | Court or prosecutor finds no probable cause or opts for outright dismissal. | Resolution of Dismissal, Order of Dismissal, or Dispositive Portion of the decision. | Yes—same process. |
| Archived | Case put on hold (e.g., because respondent is at large). | Order of Archiving. | Needs motion to revive/dismiss first; then follow clearing steps. |
4. Step-by-Step Procedure to Remove a Derogatory Record
| Step | Where | What to Bring / Do |
|---|---|---|
| 1. Secure proof of withdrawal | Clerk of Court or Office of the City/Provincial Prosecutor | - Certified true copy of Order of Withdrawal/Dismissal - Prosecutor’s Certification of Non-Filing of Information (if no case reached court) |
| 2. Obtain Certificate of Finality | Same office that issued the order | Shows the order is no longer appealable (15-day lapse) |
| 3. Prepare ID & authorization | Photocopies of 2 government-issued IDs; SPA if via representative | |
| 4. Proceed to NBI Main HQ (UN Ave., Manila) or the NBI Clearance Satellite that flagged the “Hit” | Ask for the Quality Control (QC) Interview window. | |
| 5. Fill out Request for Delisting Form | Provide case details: docket number, venue, date of withdrawal. | |
| 6. Pay the Processing Fee | Php 130–300 (varies by branch; main HQ often free for delisting only). | |
| 7. Verification & Legal Evaluation | QC forwards your papers to the NBI Legal Division. They confirm with the issuing court/prosecutor via email/fax/phone. | |
| 8. Issuance of “NO DEROGATORY RECORD” notation | You’ll be texted or emailed once cleared; return to claim the updated NBI Clearance. |
Processing time: 3 working days (if court response is immediate) up to 15 working days (if verification takes longer).
5. Common Issues & How to Solve Them
| Challenge | Fix |
|---|---|
| Court has no record due to fire/lost docket. | Sworn certification from the Clerk of Court or prosecutor explaining loss + affidavit of complainant. |
| Case archived, not withdrawn. | File a Motion to Dismiss/Withdraw first; once granted, follow clearance steps. |
| Complainant refuses to execute affidavit of desistance. | Not necessary if prosecutor already withdrew; focus on official order. |
| Applicant is abroad. | Execute a Special Power of Attorney (SPA) and have it consularized or apostilled. Representative must bring SPA, IDs, and their own clearance appointment. |
| Multiple name variants causing “possible identity” hits. | Request Record Consolidation at NBI-IDMS; bring PSA-issued birth certificate and IDs showing correct name. |
6. Fees & Timelines (2025)
| Item | Cost | Who Collects |
|---|---|---|
| Court-certified copies (per page) | Php 25 | Clerk of Court |
| Certificate of Finality | Php 50–100 | Clerk of Court / Prosecutor |
| NBI delisting processing | Php 130–300 | NBI Treasury |
| NBI e-clearance reprint | Php 155 (Php 130 clearance + Php 25 e-payment svc) | NBI + e-GovPay |
7. Frequently Asked Questions
Do I need a lawyer? Not strictly. If the paperwork is straightforward, self-representation is common. Hire counsel if the order is ambiguous or if there are multiple pending cases.
What if the complaint was only at barangay level? Barangay blotters rarely reach the NBI database, but if they did (through a police blotter), obtain a Barangay Certification of Settlement/Withdrawal and follow the same QC process.
Will the record automatically disappear after a few years? No. Under current NBI policy, derogatory hits remain until a formal request for delisting is granted.
Can I file online? As of July 2025, delisting requests must still be filed in person because original certified copies are required.
8. Practical Tips
- Make multiple certified copies. The NBI keeps the originals.
- Check for aliases. If you use a middle initial or maiden name, verify all variants.
- Arrive early. QC windows process only a limited number of delisting requests per day.
- Bring official receipts. Courts and prosecutors sometimes fax proof of payment directly to NBI upon verification.
- Keep a digital scan. Once cleared, store PDF copies in case the hit reappears in future renewals.
9. Sample Checklist (Printable)
- Court/Prosecutor Order of Withdrawal/Dismissal (certified)
- Certificate of Finality or Non-Filing of Information
- Two valid government IDs (and photocopies)
- Proof of appointment / queue number
- Processing fee (cash/G-Cash)
- SPA & IDs of representative (if applicable)
Conclusion
Clearing a derogatory record stemming from a withdrawn case is largely ministerial: the NBI merely needs official confirmation that the complaint no longer exists. By gathering the correct documents, appearing before the NBI Quality Control section, and following up patiently, you can secure a “clean” NBI Clearance within a couple of weeks. While straightforward, the process can stall if documentation is incomplete, so preparation is essential.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized assistance, consult a Philippine lawyer or the NBI Legal Division.