The National Bureau of Investigation (NBI) clearance is one of the most important documents a Filipino needs for employment, foreign travel, firearm licensing, or business permits. A “hit” on an NBI clearance means the applicant’s name and biometrics match a person with a derogatory criminal record in the NBI database. For individuals with old criminal convictions, this hit almost always appears and will continue to appear indefinitely unless legally removed or annotated through one of the very limited remedies available under Philippine law.

Philippine law does not provide for automatic expungement of criminal records upon completion of sentence, unlike in the United States or some European jurisdictions. Once a judgment of conviction becomes final, the record remains in the NBI, court, police, and prosecutorial databases permanently—unless one of the following exceptional legal remedies is successfully obtained.

1. Successful Completion of Probation (The Most Common and Effective Way to Get a Truly Clean NBI Clearance)

This is by far the most practical and successful method for clearing an NBI hit when the conviction involved a sentence that qualified for probation.

Under Presidential Decree No. 968 (Probation Law of 1976), as amended by Republic Act No. 10707 (2015), a convicted person whose maximum sentence does not exceed six (6) years imprisonment (and who meets the other qualifications) may be placed on probation instead of serving jail time.

Key point: When probation is successfully completed, the court issues an Order of Final Discharge and Termination of Probation that expressly states:

“The case is hereby considered TERMINATED/DISMISSED.”

Because the case is dismissed upon successful discharge, the legal effect is equivalent to an acquittal for purposes of criminal record. The NBI treats successfully completed probation as a dismissed case and removes the name from the derogatory list.

Thousands of Filipinos who finished probation 10–30 years ago now renew their NBI clearance with “NO CRIMINAL RECORD” and “NO PENDING CASE” remarks.

Requirements for the NBI to clear the hit on probation cases:

Certified true copy of the Order granting probation
Certified true copy of the Certificate of Final Discharge / Order of Termination of Probation (stating that the case is dismissed)
Court clearance from the trial court showing the final disposition
Sometimes, RTC Executive Judge certification that no appeal was filed or that the order is final

Once these documents are submitted to the NBI Records Management Division (or during the hit resolution process at an NBI clearance center), the hit is permanently lifted. Future NBI clearances will come out clean without need to bring documents again.

Note: If probation was revoked and the accused served the sentence instead, this remedy is no longer available. The conviction stands permanently.

2. Absolute Pardon by the President of the Philippines

This is the only remedy available for convictions with sentences exceeding six (6) years (heinous crimes, plunder, serious drug offenses, etc.) or for persons who were not granted probation.

An absolute pardon completely extinguishes the penal effects of the conviction and restores the recipient to full civil and political rights “as if he had not committed the offense” (Monsanto v. Factoran, G.R. No. 78239, February 9, 1989; Pelobello v. Palatino, G.R. No. L-48100, October 20, 1941, as reaffirmed in Cristobal v. Labrador, G.R. No. 47940, December 8, 1940).

The Supreme Court has repeatedly ruled that absolute pardon obliterates the crime in the eyes of the law. Consequently, the NBI is duty-bound to delete the name from its criminal database upon presentation of the pardon document.

Procedure for absolute pardon:

File petition with the Board of Pardons and Parole (BPP) after serving the minimum sentence or while on parole.
Requirements include:
- Certificate of Detention / Prison Record
- Certificate of No Pending Case (from RTC, MTC, Prosecutor)
- Police clearance, Barangay clearance, Mayor’s clearance
- Affidavits of two disinterested persons attesting to good moral character
- Proof of rehabilitation (livelihood, community service, etc.)
BPP conducts investigation and recommends to the President.
President signs the Absolute Pardon (usually takes 2–8 years depending on the administration’s policy).

Once the absolute pardon is published in the Official Gazette or a national newspaper, submit a certified copy to the NBI Identification and Records Division (Carriedo, Manila or NBI Main Office, Taft Avenue). The NBI will then permanently delete the derogatory record.

Important: A conditional pardon does not have the same effect. It merely shortens the sentence but the conviction remains. Only absolute pardon clears the NBI record.

3. Youthful Offender Cases (RA 9344 as amended by RA 11935)

If the offender was below 18 years old at the time of the commission of the offense, Republic Act No. 9344 (Juvenile Justice and Welfare Act), as amended, provides very strong record protection:

All records are absolutely confidential.
Upon reaching 21 years of age (or earlier upon motion), the court may order the sealing or destruction of records.
After sealing/destruction, the person is considered never to have been charged or convicted.

In practice, NBI automatically treats sealed juvenile records as non-existent. Even without a court order of destruction, NBI clearances of former youthful offenders almost always come out clean once they reach adulthood.

4. Plea Bargaining in Drug Cases (RA 9165 as amended by RA 10640 and Supreme Court A.M. No. 18-03-16-SC)

Since the 2014 amendments and the 2018 plea-bargaining circular, thousands of drug possession cases have been plea-bargained down to Section 12 (possession of equipment) or Section 15 (use of dangerous drugs).

When the accused completes the required drug rehabilitation or community service, the court issues an order dismissing the case. This dismissal allows the NBI to clear the record in the same manner as successfully completed probation.

5. Cases That Can NEVER Be Cleared

The following convictions will remain on NBI records permanently, with no legal remedy available at present:

Convictions with sentences exceeding 6 years where probation was denied or not applied for
Revoked probation
Conditional pardon only
Parole only (parole does not erase the conviction)
Crimes covered by the Heinous Crimes Law (RA 7659) or Comprehensive Dangerous Drugs Act where the accused did not qualify for plea bargaining
Recidivists, habitual delinquents

In these cases, the NBI clearance will always come out with a hit, although the applicant can still obtain clearance by explaining the old case during the quality control interview. Many employers abroad and locally accept explained old convictions, especially if more than 10–15 years have passed with good conduct.

Practical Step-by-Step Procedure to Clear an NBI Hit (When You Have the Legal Basis)

Secure all court documents proving the remedy (Order of Final Discharge for probation, Absolute Pardon, Juvenile record sealing order, Drug case dismissal order, etc.).
Obtain court clearances from the RTC and MTC where the case was filed showing the final disposition.
Go to any NBI clearance branch. When the system flags a hit, proceed to the Quality Control/Verification section.
Present the documents. In most cases, the clearance will be released the same day or within a few days with “NO DEROGATORY RECORD” (for probation/pardon cases).
For permanent deletion from the NBI master list, submit the documents to:
NBI Clearance Operations Division
Taft Avenue, Ermita, Manila
or through the NBI Regional Office.
Request a “Request for Updating/Correction of Criminal Record” with supporting documents. The NBI will issue an official certification that the record has been updated/deleted.

Conclusion

Philippine law is strict: criminal records are presumed permanent. However, successfully completed probation and absolute presidential pardon are proven, Supreme Court-recognized methods that result in a genuinely clean NBI clearance — the same clearance that a person who has never been charged receives.

If you have an old conviction, determine first whether you qualified for probation (sentence ≤ 6 years) and whether you successfully completed it. If yes, gather the court orders immediately — you are entitled to a clean record today. If the sentence was heavier, the only remaining hope is an absolute pardon, which, while difficult and lengthy, has been granted to thousands of rehabilitated offenders over the decades.

Consult a lawyer experienced in criminal/post-conviction remedies. The paperwork is critical; one missing certification can delay clearance for months. With the proper legal basis and complete documentation, it is entirely possible — and legally required — for the NBI to issue you a clearance that shows no trace of the old conviction.