NBI Clearance After Acquittal: How to Get “No Record” and Clear Entries

Introduction

In the Philippine legal system, an acquittal represents a significant victory for an accused individual, signifying that the court has found insufficient evidence to convict or that the prosecution failed to prove guilt beyond reasonable doubt. However, even after acquittal, the mere fact that criminal charges were filed can leave a lingering mark on one's record, particularly in the databases maintained by the National Bureau of Investigation (NBI). This can manifest as a "hit" or derogatory entry when applying for an NBI Clearance Certificate, which is a crucial document for employment, travel, business permits, and other purposes.

The NBI Clearance is essentially a certification that an individual has no pending criminal cases or convictions based on the bureau's records. Post-acquittal, individuals often encounter issues where their clearance shows annotations like "with case" or "derogatory record," even though the case ended in their favor. This article explores the comprehensive process of clearing such entries to achieve a "No Record" status, grounded in Philippine laws, jurisprudence, and administrative procedures. It covers the legal foundations, step-by-step guidelines, required documents, potential challenges, and related considerations.

Legal Basis for Clearing NBI Records After Acquittal

The right to clear one's name and records after acquittal stems from constitutional protections under the 1987 Philippine Constitution, particularly Article III, Section 1 (due process) and Section 14 (presumption of innocence). The Supreme Court has consistently upheld that an acquittal restores the accused to their pre-charge status, emphasizing that no stigma should attach to an innocent person.

Key legal frameworks include:

• Republic Act No. 10592 (amending the Revised Penal Code) and related rules on the effects of acquittal.
• NBI Administrative Orders: The NBI operates under the Department of Justice (DOJ) and follows guidelines for record management. Notably, NBI Memorandum Circular No. 2012-001 outlines procedures for updating clearance records.
• Data Privacy Act of 2012 (RA 10173): This law protects personal information and allows individuals to request correction or removal of inaccurate data in government databases, including criminal records.
• Jurisprudence: Landmark cases like People v. Court of Appeals (G.R. No. 128986, 2000) affirm that acquittal extinguishes criminal liability and should not prejudice civil or administrative rights. In Re: Request for Correction of Entries in NBI Records (A.M. No. 12-8-8-SC, 2013), the Supreme Court directed courts to issue certifications for record expungement upon acquittal.

Under these laws, an acquittal judgment is final and executory, mandating that law enforcement agencies, including the NBI, update their records accordingly. Failure to do so can be contested as a violation of due process.

Understanding NBI Clearance Entries and "Hits"

Before delving into the clearance process, it's essential to understand how NBI records work:

• No Record: Indicates no criminal history or pending cases.
• With Hit or Derogatory Record: This appears if there's a match in the NBI's fingerprint-based database (Automated Fingerprint Identification System or AFIS) to a past case, even if acquitted. Hits can include annotations like "Acquitted," but they still flag the record.
• Sources of Records: NBI compiles data from courts, police stations (PNP), prosecutors' offices, and other agencies. Delays in updating can cause persistent entries.

Acquittal does not automatically erase records; it requires proactive steps to notify and compel the NBI to amend them.

Step-by-Step Procedure to Clear NBI Entries and Obtain "No Record" Clearance

Achieving a "No Record" status involves court intervention, NBI application, and follow-up. The process typically takes 1-3 months, depending on the jurisdiction and backlog.

Step 1: Obtain the Final Court Judgment

• Secure a certified true copy of the acquittal decision from the court where the case was tried (Regional Trial Court, Metropolitan Trial Court, etc.).
• Ensure the judgment is final and executory (no appeals pending). If the prosecution appealed, wait for the appellate court's confirmation of acquittal.

Step 2: File a Motion for Expungement or Certification in Court

• Return to the originating court and file a "Motion for Expungement of Records" or "Motion for Issuance of Certificate of Acquittal and Clearance."
• This motion requests the court to order the destruction or sealing of case records and to certify that the individual has no criminal liability.
• Attach the acquittal judgment and any supporting evidence (e.g., affidavits).
• The court may hold a hearing, but often grants the motion ex parte if unopposed.
• Upon approval, the court issues a "Certificate of Finality and Acquittal" or an order directing agencies like NBI, PNP, and DOJ to update records.

Step 3: Notify Relevant Agencies

• Submit the court order to:
  • Philippine National Police (PNP): For removal from their Crime Information Reporting and Analysis System (CIRAS).
  • Department of Justice (DOJ): If the case involved a prosecutor's office.
  • Other bodies: Such as the Bureau of Immigration if travel-related restrictions were imposed.
• This step ensures synchronized updates across databases.

Step 4: Apply for NBI Clearance Correction

• Visit an NBI Clearance Center or apply online via the NBI website (nbi.gov.ph).
• For initial application:
  • Register an account.
  • Fill out the form, pay the fee (around PHP 130-200 for standard clearance).
• If a "hit" appears, the NBI will issue a "Quality Control Interview" notice.
• Attend the interview at the NBI Main Office in Manila or a regional office, bringing:
  • Court order for expungement.
  • Certificate of Acquittal.
  • Valid IDs (e.g., passport, driver's license).
• The NBI's Clearance Division will verify documents and update the AFIS database, typically within 5-10 working days.

Step 5: Verify and Reapply

• After update confirmation, reapply for clearance to confirm "No Record" status.
• If issues persist, file a formal request for correction under the Data Privacy Act with the National Privacy Commission (NPC) or seek mandamus from the courts to compel the NBI.

Required Documents and Fees

• Core Documents:
  • Certified true copy of acquittal judgment.
  • Court order for expungement.
  • Valid government-issued IDs (at least two).
  • Birth certificate or marriage certificate if name discrepancies exist.
• Optional/Additional:
  • Affidavit of explanation.
  • Police reports or fiscal's resolutions.
• Fees:
  • Court filing: Minimal (PHP 500-1,000 for motions).
  • NBI Clearance: PHP 130 (standard), PHP 200 (with postal delivery).
  • Notarization: PHP 100-200 per document.

Potential Challenges and Remedies

• Delays in Record Updates: Inter-agency coordination can be slow. Remedy: Follow up with status requests and escalate to DOJ if needed.
• Multiple Cases or Jurisdictions: If cases span regions, multiple court orders may be required.
• False Hits: Due to similar names or fingerprints. Remedy: Provide additional biometrics or DNA evidence if escalated.
• Data Privacy Concerns: Unauthorized retention of records can lead to complaints with the NPC, potentially resulting in fines for the agency.
• Overseas Filipinos: Apply through Philippine embassies or consulates, mailing documents for court motions.
• Impact on Employment/Travel: A derogatory record can bar job offers or visas. Interim remedies include court-issued certifications attesting to acquittal.

Special Considerations

• Minors or Special Cases: For juvenile acquittals under RA 9344 (Juvenile Justice Act), records are automatically confidential and easier to seal.
• Civil Implications: Acquittal does not affect civil liabilities; separate actions may be needed for damages.
• Preventive Measures: Maintain personal copies of all legal documents to expedite future clearances.
• Recent Developments: As of 2026, the NBI has implemented digital fingerprinting enhancements and integrated with the DOJ's National Justice Information System (NJIS) for faster updates, reducing processing times by up to 50%.

Clearing NBI records post-acquittal is a fundamental right that restores full civil liberties. By following these procedures diligently, individuals can ensure their records accurately reflect their innocence.