NBI CLEARANCE WHEN YOU HAVE A PENDING OR ON-GOING CASE
―Philippine Legal Primer (updated 25 May 2025)
1. Why this matters
The National Bureau of Investigation (NBI) clearance is the country’s standard certificate of “good standing”. Employers, embassies, gun-licensing centers and courts routinely require it. If you are respondent, accused or convicted in a criminal case, the document will not be refused outright—but it will flag the case and trigger extra steps. This article explains in detail what to expect, the legal rules behind every stage, and the remedies available to clean up or annotate your record.
2. Legal framework
| Instrument | Key points |
|---|---|
| Republic Act 10867 (NBI Re-organization & Modernization Act, 2016) – Secs. 4 & 5 | Gives the NBI statutory authority to maintain a central “criminal records and information database” and to issue clearances for “whatever legal purpose.” (Lawphil) |
| 2017 DOJ/NBI Memorandum on the Multipurpose Clearance | Consolidated all clearance types into one (printed with the phrase “Issued for whatever legal purpose”). (BusinessWorld Online) |
| Republic Act 10173 (Data Privacy Act, 2012) | Ensures confidentiality of personal data and grants you the right to correct erroneous entries that appear in the NBI database. (National Privacy Commission) |
| Republic Act 11261 (First-Time Job-Seekers Act, 2019) | Waives the ₱130 basic fee for first-time job-seekers who present a barangay certificate. (Lawphil) |
| Supreme Court & DOJ circulars | Direct trial courts and prosecutors to transmit case updates to the NBI so that dispositions (dismissal, acquittal, conviction) appear promptly on clearances. |
3. How criminal information reaches your clearance
- Filing of a criminal complaint – once an Information is filed in any prosecutor’s office, the docket is sent to the NBI.
- Court proceedings – the clerk of court transmits status updates (pending, archived, dismissed, convicted).
- Police & AFP arrest records – warrants served and arrests executed automatically populate the database.
- Other sources – Sandiganbayan, Ombudsman and appellate courts. (FilipiKnow)
Civil, administrative, and barangay cases are not reflected.
4. What actually happens when you apply
| Stage | What the system does | What you must do |
|---|---|---|
| Online appointment & payment (₱130 base fee + ₱25 e-payment; still the 2025 rate) (FilipiKnow) |
Your data is run against the criminal database. | Register at clearance.nbi.gov.ph, pay, pick a branch/date. |
| “HIT” status – name match or confirmed record (policenbiclearance.ph) | Release is deferred 5-10 working days while researchers verify. | Wait for the text/e-mail notice, then return on the date given. |
| Quality Control (QC) Interview – required if the record is yours or still unverified (NBI Clearance) | Face-to-face interview at the QC section (UN Ave. main office or select satellite QC rooms). | Bring 2 valid IDs, the official receipt, and case documents: • Pending case → certified copy of Information & latest court order. • Dismissed/acquitted case → decision + certificate of finality. • Namesake only → execute an Affidavit of Denial. |
| Printing of clearance | One of three outputs is printed: 1. “NO DEROGATORY RECORD” – cleared. 2. “HAS PENDING CRIMINAL CASE No. ____, RTC Br. ___” – case is active. 3. “WITH CRIMINAL CONVICTION” – final judgment on record. (Respicio & Co.) |
Use or submit the document as required. |
Important: A clearance with an annotation is still a valid clearance; it simply discloses the legal reality of your case.
5. Frequently asked situations
| Scenario | Outcome | Practical advice |
|---|---|---|
| Information filed but warrant not yet served | Your name appears as “HIT”; QC will verify the docket. If a warrant is outstanding, NBI agents may coordinate with the arresting unit. | Consult counsel before your appointment; you may post bail immediately to avoid custodial complications. |
| Case provisionally dismissed | NBI will usually keep the pending flag until the order becomes final. | Secure certificate of finality (after 15 days) and present it at QC for record update. |
| Acquitted or case dismissed with prejudice | You can apply to purge the record so future clearances show “NO DEROGATORY RECORD.” | Bring decision, entry of judgment & ID; ask QC to forward the documents to the NBI Record Updates Unit. |
| Probation completed | Clearance will print “WITH CRIMINAL CONVICTION,” even after discharge. | Under Art. 94 RPC, you may pursue judicial expungement; if granted, furnish NBI a certified copy so the remark can be removed. |
| Namesake problem | After QC interview + Affidavit of Denial, clearance is released clean. | Keep a photocopy of the Affidavit; it shortens future processing if the same “hit” recurs. |
| Urgent overseas deployment | File a Verified Request for Expedited Processing under RA 11032 (Ease of Doing Business Act), attaching POEA endorsement. (RESPICIO & CO.) | Follow-up in person; most branches honor the 3-working-day rule for OFWs. |
6. Your rights under the Data Privacy Act
- Right to access – You may request the exact data or docket that triggered the “hit.”
- Right to correction – Submit an affidavit or court order to amend erroneous entries.
- Right to file a complaint with the National Privacy Commission if the NBI fails to act within 15 days. (National Privacy Commission)
7. Fees, IDs and special lanes
- Regular fee: ₱130 + ₱25 e-payment (₱160 total).
- First-time job-seekers: Free upon presentation of barangay certificate (RA 11261). (Lawphil)
- Quick-Renewal courier service: ₱350 + ₱160 clearance + delivery (online, no appearance). (Moneymax)
- Accepted IDs: UMID, Passport, Driver’s License, PRC, PhilHealth, Voter’s ID, PSA Birth Certificate, etc. (FilipiKnow)
8. Tips to speed things up
- Download case documents early. Stamped certified copies are mandatory.
- Dress appropriately. Government offices enforce a “smart casual” dress code.
- Schedule morning slots. QC counters work on a first-come, first-served basis.
- Photocopy everything twice. NBI keeps one, QC officer keeps another.
- Keep digital backups. Scanned copies of your dismissal or acquittal order make future renewals painless.
9. Key takeaways
- You will still obtain an NBI clearance even with a pending or decided criminal case, but annotations will appear.
- The QC interview is the decisive step; proper documentation can clear or correct your record on the spot.
- Dismissed or acquitted? Prove it—then insist on a clean clearance or a record purge.
- Know and assert your Data Privacy rights when information is wrong or outdated.
- When in doubt, consult counsel; each courtroom order you secure today saves days of delay every time you renew your clearance.
This article is for general information only and does not constitute formal legal advice. For case-specific guidance, consult a Philippine lawyer or the NBI Legal Division.