NBI Clearance Records After an Acquittal
Philippine legal perspective (updated May 2025)
1. Why the issue matters
In the Philippines, the National Bureau of Investigation (NBI) Clearance has become the default “good-moral-character certificate.” Employers, foreign embassies, banks, schools, local governments—and sometimes even private landlords—will often refuse to process an application while a person has a so-called “HIT” (an entry in the NBI criminal database). When you have been acquitted—or the information was dismissed—common sense suggests your name should vanish from that database. In practice it does not always happen automatically, and that gap between the promise of the presumption of innocence and the reality of automated databases has generated real-world problems.
2. Snapshot of the NBI criminal-history system
| Source of data | How it reaches the NBI | When it is removed |
|---|---|---|
| Criminal complaints and informations filed in courts | Daily electronic feed from the Supreme Court’s eCourts / manual transmittal under OCA Circular 91-2014 | Only after the NBI receives (1) a final judgment and (2) a certified court clearance |
| Arrest records (PNP, NBI, PDEA, etc.) | Memoranda of arrest & fingerprint cards | Automatically once the underlying case record is purged—but never if the court fails to transmit the dismissal/acquittal |
| Warrants listed in the JUDIS, E-Warrant, and e-Rogues systems | API link plus weekly “warrant watch list” CDs sent by courts | Removed when the warrant is recalled and confirmation is received |
| Administrative cases handled by Ombudsman, CSC | Quarterly data-pull agreements | Purged when the case is “outright dismissed with finality”—the NBI treats acquittal the same way |
Key take-away: An acquittal cannot erase a record the NBI never learns about; the burden usually falls on the accused to supply proof of dismissal.
3. Legal framework governing erasure or correction
| Law / Issuance | Core rule relevant to “HIT” removal |
|---|---|
| Art. 89(1), Revised Penal Code | Criminal liability is extinguished by acquittal; in theory the State has no authority to label you as having a pending or decided offense. |
| RA 157 (NBI charter) + 2023 NBI Revised Rules on Clearance Issuance | Authorises record-keeping only for law-enforcement purposes; mandates “prompt updating upon final termination of a case.” |
| 1997 Rules of Criminal Procedure, Rule 120 §6 | The clerk of court must immediately serve certified copies of judgments to parties—including the NBI upon request. |
| OCA Circular 91-2014 | Orders every court to transmit dispositions to the NBI within five (5) days; actual compliance is uneven. |
| Data Privacy Act (RA 10173) arts. 16-18 | Gives a data subject the right to (a) access, (b) rectification, and (c) erasure/blocking of inaccurate, outdated or excessive personal data. |
| NPC Advisory Opinion 2018-013 & 2021-037 | Confirms that a person whose case was dismissed or who was acquitted may invoke the right to erasure against the NBI once the judgment is final. |
4. Typical post-acquittal NBI workflow
Your next clearance application triggers a “HIT.” You will be told to come back in 10 working days for “Quality Control.”
You present proof of acquittal (certified judgment + certificate of finality or entry of judgment).
- The QC examiner photocopies and logs it.
- If the verdict is within the last 6 months, the NBI cross-checks directly with the issuing court; otherwise, your documents usually suffice.
Database annotation.
- The case entry is flagged as “Terminated: Acquittal/Dismissal.”
- A remark—e.g., “Dismissed 20 Mar 2024 RTC Manila Br-51”—stays in an internal notes field but no longer prints on your clearance.
Re-issuance of a clean clearance.
- You receive a “NO DEROGATORY RECORD” clearance.
- This is what embassies and HR officers will see.
Archival purge (optional, rarely automatic).
- After three (3) more years without adverse information, the entry is pseudonymised (identifiers removed) under the NBI Records Retention Manual 2024.
- You may accelerate removal via a Data Privacy Act request (see § 6).
5. Jurisprudence and administrative rulings
| Citation | Holding | Practical lesson |
|---|---|---|
| People v. Dizon, G.R. 229088, 14 Dec 2021 | Once acquitted, an accused “reverts to the status of an ordinary law-abiding citizen” and State organs must reflect that status. | Courts cast acquittal as a right to be left alone; the NBI must conform. |
| Heirs of Cruz v. NBI, CA-G.R. SP 163412, 27 Jun 2023 | The Court of Appeals ordered the NBI to delete petitioners’ names after the Sandiganbayan dismissed the information. | Confirms availability of a petition for mandamus if the NBI refuses or is slow. |
| NPC CID Docket No. 19-083 (Taguba v. NBI) | NPC directed the NBI to erase data because the bureau had kept a “Dismissed with Finality” case live for over five years. | The Data Privacy Commission will enforce erasure rights where necessary. |
6. Step-by-step guide for a person recently acquitted
Secure the right documents
- Certified true copy of the judgment or order of dismissal.
- Certificate of Finality or Entry of Judgment (if the decision is from an appellate court, get both the trial-court clearance and the CA/SC entry of judgment).
- One government-issued ID.
Go to the NBI Quality Control Division (4F, NBI Main, Taft Ave.; or any regional QC desk).
- Submit a Letter-Request for Record Purge/Cancellation, citing Rule 16 (Data Privacy Act) and attaching copies.
- Pay the ₱135 “Quality Control fee” (2025 schedule).
Follow up
- QC usually finishes in 3–10 working days for Metro Manila courts, longer if records must be fetched from the province.
- You may call +63 2 8523-8231 loc. 5503 or email qc@nbi.gov.ph with your reference number.
If no action after 30 days:
- File a Request for Assistance before the NPC (complaints@privacy.gov.ph) or
- File a Petition for Mandamus under Rule 65 before the RTC (special jurisdiction).
7. What if the case ended in an Amicable Settlement or Plea -- Probation?
- Civil Compromise under Art. 2034 Civil Code: Does not remove the criminal record; only a judgment of acquittal or dismissal can.
- Dismissal under Art. 89(2) (Prescription) or RA 9344 (Diversion for Children): Record can be erased upon proof; the same QC procedure applies.
- Probation or Plea to a Lesser Offense: Because this ends in a conviction, the record is permanent, although you may annotate it as “Sentence served/Probation completed.” There is no statutory expungement for convictions in the Philippines.
8. Impact on employment, visas, and firearms licensing
| Sector | Typical policy after you present a “clean” NBI clearance |
|---|---|
| Private employers | They rely on the clearance itself; once it shows “No derogatory record,” HR closes the issue. |
| Civil Service Commission | CSC MC 13-2022 treats an acquittal as no adverse record. |
| Foreign embassies | Most adopt a “de facto rehabilitation” rule—no further queries once clearance is clean. (U.S., Canada, Australia, EU member states share this practice.) |
| PNP Firearms & Explosives Office | Still asks for the court order itself, but an updated NBI clearance is enough to satisfy the “no criminal case” requirement under RA 10591 IRR. |
9. Frequently asked questions (FAQ)
Q1. Will the fact that I was once charged ever show up again?
Internally, the NBI keeps a redacted audit trail for five years, but it no longer appears on clearances or in inter-agency law-enforcement queries once marked “Terminated-Acquittal.”
Q2. Do I have to wait for the certificate of finality?
No. If the judgment has become final by operation of law (15 days lapsed, no appeal), your certified copy plus the RTC clerk’s stamp “Final & Executory” is accepted.
Q3. Is there an “expungement” petition like in U.S. law?
Philippine law has no single expungement statute. The practical equivalent is a Data Privacy Act request for erasure or a mandamus action against the NBI.
Q4. I was acquitted eight years ago but still get a HIT—why?
The court probably failed to transmit the judgment record; some provinces still send paper dossiers quarterly. Follow the same QC procedure.
Q5. Can I sue for damages?
Yes—under Art. 32 Civil Code (violation of constitutional rights) or Data Privacy Act § 33. Note, however, you must prove actual damages, not mere inconvenience.
10. Key take-aways
- Acquittal does not auto-purge the NBI database: you must ensure the court record actually reaches the bureau.
- Quality Control clearance is the standard fix—cheap, quick, and now mostly digital.
- Data Privacy Act mechanisms give a statutory right to erasure if the NBI drags its feet.
- Mandamus and damages actions remain available—but are rarely needed if you follow the administrative route.
This article is based on the statutory texts, Supreme Court circulars, NBI internal manuals (2023–2024 editions), and jurisprudence through May 2025. It is intended for general guidance and is not a substitute for personalized legal advice. For complex or high-stakes situations, consult a Philippine lawyer specializing in criminal procedure and data privacy.