A practitioner’s guide for employers, applicants, and counsel

I. Overview and Legal Basis

The National Bureau of Investigation (NBI) conducts nationwide criminal record checks and issues the NBI Clearance, the Philippines’ standard certificate used for employment, licensing, immigration, and other legal purposes. The NBI’s mandate and records operations flow primarily from:

Republic Act No. 10867 (NBI Reorganization and Modernization Act) – vests the NBI with investigative functions, maintenance of criminal identification and record systems, and ancillary services such as clearance issuance.
Data Privacy Act of 2012 (R.A. 10173) and its IRR – governs personal data processing, including biometric capture and dissemination of criminal history, and imposes notice, consent, proportionality, security, and access/correction requirements.
Revised Penal Code and special penal laws – define offenses that may underlie “derogatory records” surfaced during checks.
Apostille Convention (in force for PH since 2019) – allows clearances to be apostilled by the DFA for use abroad instead of consular legalization.

II. What an NBI Background Check Covers (and What It Does Not)

Scope. The NBI checks applicant identity (via biometrics and demographic data) against the Bureau’s centralized repository, which consolidates records and “derogatory information” from courts, prosecutors, law-enforcement units, and related agencies.
Output. The product is the NBI Clearance—a formal certificate stating either that no derogatory record is on file, or that a “HIT” was encountered and subsequently resolved/cleared (see § VI).
Limitations.
- It is not a character reference or credit check.
- It does not certify absence of non-criminal civil liabilities or administrative cases unless these have been encoded as derogatory entries by a source agency.
- It is distinct from Police Clearance (PNP)—which is typically locality-anchored—even if some systems share data. Employers frequently prefer the NBI Clearance because it is nationwide in scope.

III. Types, Purposes, and Validity

Multi-Purpose NBI Clearance. A single standardized clearance used for local employment, overseas work/visa, licensing (PRC/TESDA/LGU), firearm dealer applications, adoption, business registration, and other official purposes.
Validity. As a rule of thumb, employers and agencies treat clearances as valid for one year from issuance, unless the requesting institution imposes a shorter window. (Always confirm the accepting institution’s recency requirement.)
For overseas use. Many foreign missions and employers accept the standard clearance; if legalization is required, obtain Apostille from the DFA.

IV. Who May Apply; Personal Appearance; Representation

Personal appearance is the default. The applicant ordinarily appears in person for biometric capture (photo, fingerprints) and identity verification.
Foreign nationals may apply and typically present an ACR I-Card alongside a passport or other government ID.
Representation. Third-party application or pick-up is tightly limited. Where allowed (e.g., for delivery or special circumstances), expect to present a Special Power of Attorney (SPA) or authorization, valid IDs of both parties, and any NBI forms required.
Minors/Persons with disability. Guardians may assist, but biometrics and identity evidence for the subject are still required.

V. Documentary Requirements

Prepare one or more valid government-issued IDs bearing full name, recent photo, and signature. Commonly accepted examples include: Philippine Passport, e-PhilID/PhilID (PhilSys), Driver’s License, UMID, PRC ID, SSS/GSIS e-cards, Postal ID, Senior Citizen ID, Voter’s ID, and School ID (for students, where accepted). Bring supporting civil registry documents (PSA birth/marriage certificates, court orders) if you need to correct name, birthdate, or civil status on file.

VI. Understanding “HIT,” Verification, and Clearance Issuance

What is a HIT? A “HIT” occurs when your name (or an alias/variant) matches the name of a person with a record in the NBI database, or when the database locates pending, archived, or disposed cases associated with your identifiers. Hits are not a finding of guilt.
Quality Control/Verification. If you receive a HIT, NBI conducts manual verification—often requiring a return date or waiting period—to confirm whether the record pertains to you. You may be asked to present additional identification, court/Prosecutor’s Office certifications (e.g., Certificate of Finality, Order of Dismissal, Certificate of No Case), or affidavits clarifying identity.
Outcomes.
- Cleared: If the record is a namesake or the case has been dismissed/terminated with proof, the NBI issues the clearance showing no derogatory record or that the matter has been resolved.
- With Record: If a live case truly pertains to you, the NBI will not “erase” it; your clearance may reflect the existence of a record or you may be instructed to secure relevant court certifications before issuance.
Practical tip. Keep certified copies of any dismissal or acquittal orders. These can be decisive in resolving a HIT quickly and in updating the database.

VII. The Standard Application Workflow (Step-by-Step)

Create/Access your profile in the NBI’s clearance system and schedule an appointment at a chosen NBI center or satellite office.
Pay the official fee via the available channels. Keep the reference number and proof of payment.
Appear on your appointment date with valid ID(s) and supporting documents, if any corrections are needed.
Biometric capture and encoding. NBI staff will take your photo and fingerprints and confirm data fields (name sequence, civil status, birth details, address).
Hit determination.
- No Hit: Clearance is printed or released the same day.
- With Hit: You’ll receive instructions for verification/Quality Control and a return/release date, or requests for documentary proof.
Release. Collect the printed NBI Clearance or arrange for delivery if available at your chosen site. Check all details upon release; errors must be corrected immediately.

VIII. Corrections and Data Updates

Name changes / civil status. Present PSA documents (e.g., Marriage Certificate, Annotated Birth Certificate), court orders, or administrative correction instruments (e.g., RA 9048/10172 corrections) so NBI can update your record.
Biographical errors. For typographical or encoding errors (e.g., transposed birthdate), seek immediate desk correction; for entrenched database issues, NBI may require a Record Section process.
Clearing resolved cases. Bring certified court/prosecution documents to request internal tagging that the case has been dismissed, archived, or terminated.
Data Privacy rights. You may invoke access and correction rights under R.A. 10173. Erasure is limited where retention is required by law for criminal justice purposes.

IX. Renewals, Repeat Applications, and Delivery

Repeat applicants with no changes in identity data can often renew using their existing profile, subject to fresh biometrics if required.
Delivery/courier and off-site pick-up may be available depending on location and system advisories. Expect identity verification upon receipt.
Expedite cautions. Avoid third-party “rush” services that promise clearances without personal appearance; these frequently involve fraud and can expose you to criminal liability.

X. Employer Compliance and Best Practices

Lawful basis and consent. Under the Data Privacy Act, employers should:
- Provide a clear privacy notice explaining the background check, data sharing with the NBI, and retention periods;
- Obtain freely given, specific consent from the applicant (or rely on another lawful basis if applicable to the employer’s mandate); and
- Ensure proportionality: require an NBI Clearance only when job-related and necessary (e.g., cash handling, safety-sensitive roles, regulated industries).
Timing. As a good-practice anti-barrier measure, request the clearance after a conditional offer or at the final stage, not at initial screening, to avoid unnecessary costs and discriminatory impact.
Equal opportunity. A past case or record should be evaluated in context (nature of offense, disposition, time elapsed, job relevance). Blanket exclusions risk violations of labor standards and anti-discrimination principles.
Data minimization. Store only what you need, restrict access, and define retention periods. Purge copies upon expiry or when no longer necessary, subject to legal hold obligations.
Verification hygiene.
- Inspect the QR/barcode or security features on the printed clearance.
- Confirm the issue date meets your recency policy.
- Where a HIT was cleared on presentation of a court order, you may request copies (with consent) to document your file.
No fee-shifting. Avoid passing government clearance costs to applicants unless authorized and reasonable under company policy and labor guidance.

XI. Using the Clearance Abroad (Apostille)

When a foreign authority requires authentication, submit the printed NBI Clearance to the Department of Foreign Affairs (DFA) for Apostille. Bring original ID and follow DFA’s slotting/payment rules. The Apostille certifies the signature/seal on the clearance; it does not alter the clearance’s substantive content or validity period.

XII. Common Pitfalls and How to Avoid Them

Name sequence errors (e.g., interchanged given/last names). Always review the data entry pane before biometrics.
Inconsistent signatures or photos across IDs causing identity questions. Use consistent IDs and keep them current.
Failure to bring dismissal documents when you already know of a resolved case—this leads to repeat trips.
Relying on outdated clearances. Many recipients want an issue date within the last 3–6 months even if the nominal validity is longer.
Unauthorized fixers. Using them can result in voided clearances and exposure to falsification or usurpation offenses.

XIII. Fees and Processing Times

Official fee is set by the NBI and may change. Processing is typically same-day for “No Hit” results; verification for a HIT can take additional days depending on record retrieval and documentation. Always plan around potential verification windows, especially for travel or licensing deadlines.

XIV. Remedies and Escalation

Data correction/update: File at the NBI help/records desk with supporting documents.
Disputing a mismatch: Submit identity proofs and, if necessary, sworn statements; for case status, present court or prosecution certifications.
Persistent database errors: Elevate to the NBI Records Section; document all submissions and reference numbers.
Privacy complaints: Raise first with the NBI’s Data Protection Office; unresolved issues may be lodged with the National Privacy Commission under R.A. 10173.
Employer disputes: For adverse action based on a clearance, employees/applicants may seek redress via company grievance channels, DOLE mechanisms, or, where appropriate, file actions consistent with labor and civil law.

XV. Practical Checklists

A. Applicant’s Pre-Appointment Pack

Government ID(s), plus PSA civil registry documents if updating details
Payment reference/receipt and appointment confirmation
Court/prosecutor certificates if you anticipate a HIT (dismissal, acquittal, or no-case certifications)
Black ink pen and exact personal data for consistent encoding

B. Employer’s Compliance Pack

Background-check policy and privacy notice
Consent form (or articulated lawful basis)
Recency rule (e.g., “issued within 6 months”) and job-related justification
Secure storage controls and retention schedule
Adverse-action protocol that allows the applicant to explain or contest results

XVI. Frequently Asked Questions

Is an NBI Clearance the same as a Police Clearance? No. NBI is nationwide and court-integrated; Police Clearance is issued by the PNP, often locality-based. Many institutions prefer the NBI Clearance for breadth.

What if my clearance shows a resolved case? Bring the Order of Dismissal/Acquittal and Certificate of Finality to request database tagging and re-issuance without derogatory annotation.

Can I authorize someone to pick up my clearance? Some offices allow it with an SPA/authorization and valid IDs, but biometric capture typically still requires personal appearance.

How long is it valid? Common practice recognizes up to one year from issuance, subject to the recipient’s stricter recency rule.

Can the NBI delete my old case? No, not if retention is required by law. You may request that the record reflect the true disposition (e.g., dismissed) and that your identity be disambiguated from namesakes.

XVII. Concluding Notes

The NBI background check is a regulated, privacy-implicated identity and criminal history verification process. For applicants, success hinges on accurate identity data and preparedness for possible HIT resolution. For employers and agencies, lawful use requires data privacy compliance, job-related necessity, and fair evaluation. When used correctly, the NBI Clearance is a reliable, court-integrated tool that balances legitimate security needs with individual rights.