1) Why this topic matters
In the Philippines, an NBI clearance is commonly required for employment, licensing, travel/visa applications, business transactions, and other background checks. The practical anxiety point is the “HIT” (a name match) and the fear that a criminal complaint that was dismissed (or a case you won) will still show up and block issuance.
Two realities can both be true at once:
- A complaint/case can be dismissed in law, yet
- Your name can still remain in NBI records (or continue triggering a HIT) until the records are updated, matched correctly, and annotated.
Understanding why that happens—and what to do—requires knowing how NBI records are built and how criminal cases move in the Philippines.
2) What an NBI clearance is (and what it is not)
NBI clearance is a certification issued by the National Bureau of Investigation (NBI) under the Department of Justice (DOJ), reflecting whether the NBI database has a record that matches your identity (primarily name + birth details, and in practice, biometrics/fingerprints).
It is not a court-issued “certificate of innocence,” and it is not a definitive statement that you have never been accused. It is a database-based clearance that depends on:
- what information was reported/forwarded to NBI,
- how it was encoded, and
- how well the record was matched to you versus a namesake.
3) Where NBI “derogatory records” can come from
NBI records can be fed or derived from multiple sources commonly encountered in the criminal justice process, such as:
- complaints/blotters and referrals coming from law enforcement channels,
- prosecutor’s office records (preliminary investigation stage),
- court case records (once a case is filed in court),
- warrants and other court processes,
- prior NBI entries created because you previously had a HIT and underwent verification.
Because the system is aggregation-based, records can persist even when the underlying complaint is later dismissed—especially if the dismissal is not yet reflected in what NBI has on file.
4) Key distinction: “Complaint dismissed” can mean very different things
When people say “dismissed,” it may refer to different points in the process:
A. Dismissed at the barangay (Katarungang Pambarangay) stage
- Certain disputes go through the Lupon process first (depending on parties, subject, and exceptions).
- A barangay settlement or failure of settlement affects the ability to file certain actions, but it is not the same as a criminal dismissal by a prosecutor or court.
B. Dismissed during preliminary investigation (prosecutor level)
This is common. A complaint may be dismissed through a prosecutor’s resolution for reasons like:
- no probable cause,
- insufficient evidence,
- complaint is not criminal in nature,
- lack of jurisdiction, or
- procedural defects.
This is not yet a “court case” (unless already filed), but it is still an official event that may have been encoded somewhere.
C. Dismissed by the court (after a case is filed)
Once an Information is filed and raffled to a court, the dismissal becomes a court order (or a judgment). Reasons can include:
- dismissal on motion (e.g., Rule 117 grounds such as lack of jurisdiction, violation of right to speedy trial, etc.),
- demurrer to evidence,
- prosecution failure to prosecute,
- acquittal after trial.
A final acquittal is powerful in law (double jeopardy protections attach), but that does not automatically “erase” database entries unless the outcome is properly transmitted and recorded.
D. Withdrawn complaint / Affidavit of Desistance
A frequent misconception: an Affidavit of Desistance does not automatically end a criminal case. Many crimes are considered offenses against the State, so the prosecutor (and later the court) retains discretion.
- A case may still be pursued even if the complainant desists, depending on the evidence and the offense.
- That means a “settled” or “withdrawn” complaint may still exist in records and may still have spawned entries.
5) Will dismissed complaints appear in an NBI clearance?
The practical answer: They can, in two main ways.
(1) The record remains in the database until updated
Even if your complaint/case was dismissed, the NBI database may still have:
- the initial complaint record,
- an old status (e.g., “pending”),
- incomplete disposition data, or
- a record that was never linked to the later dismissal order/resolution.
In that situation, you may get a HIT and be asked to return for verification, or in some cases be asked for documentation.
(2) Namesake / identity mismatch triggers a HIT
You may have no case at all, or your case was dismissed long ago, but you still get a HIT because:
- someone else has the same/similar name, or
- the record has incomplete identifiers and NBI’s initial automated match is conservative.
This is especially common with:
- common surnames,
- multiple first names,
- variations in spelling,
- married names/maiden names,
- typographical encoding differences.
What employers/third parties typically see
In practice, many applicants never see the underlying “hit” content. They just experience:
- issuance without issue, or
- a HIT that requires additional processing, or
- an NBI clearance that indicates there is a record requiring verification/derogatory record handling (wording varies by form and issuance outcome).
6) Does a dismissal “erase” the record?
In criminal law: dismissal affects liability and the ability to refile
- Some dismissals are without prejudice (case can be refiled).
- Some are with prejudice (case cannot be refiled; e.g., due to double jeopardy or certain final dismissals).
- An acquittal is final and generally bars refiling for the same offense.
In recordkeeping: dismissal does not automatically delete entries
The more accurate way to think about it is:
- The legal case ends (or is barred), but
- The historical fact that a complaint/case existed may remain as a record entry, which should be annotated with the final disposition, and should not be treated as “pending” once corrected.
Whether NBI removes versus annotates depends on internal record policies and the nature of the record. For most people, the goal is not “total erasure,” but correct matching + correct disposition so clearance issuance is not blocked or repeatedly delayed.
7) The “HIT” process: what it usually means and what to expect
A HIT generally means “possible match,” not “you are guilty.”
Typical reasons:
- same/similar name to someone with a case/warrant/record,
- your own past record (including dismissed cases) exists but needs disposition verification,
- data quality issues (birthdate, middle name, suffix, alias).
Common outcomes:
- Cleared after verification and clearance is issued,
- Asked to produce documents (especially if the record is actually yours),
- Referred to a quality control/records section for correction/annotation.
8) How to clear or correct dismissed complaints in NBI records
Step 1: Identify what kind of “dismissal” you actually have
Match your situation to the document source:
- Prosecutor dismissal → you need the Prosecutor’s Resolution (and often proof it became final).
- Court dismissal → you need the Court Order of Dismissal or Decision/Judgment.
- Acquittal → you need the Decision and typically Certificate of Finality.
- Archived case / provisionally dismissed → you need the relevant order; note these statuses may still be treated as not fully “cleared” if refiling is legally possible.
Step 2: Secure certified true copies (CTC) of the most important documents
Aim to obtain certified true copies from the issuing office:
If dismissed by prosecutor:
- CTC of the Resolution dismissing the complaint.
- If available/required in practice: proof of finality (e.g., no motion for reconsideration/appeal within the period; some offices issue a certification).
If dismissed by court:
- CTC of the Order/Decision dismissing the case or acquitting you.
- Certificate of Finality (highly recommended, especially if the case could have been appealed).
- If relevant: proof that there is no warrant outstanding (some courts can certify processes).
If the case was for someone else (namesake):
- You usually won’t have case papers because it isn’t yours; the solution is identity differentiation (Step 4 below).
Step 3: Bring complete identity documents to NBI
Because NBI matching relies heavily on identity consistency, bring:
- at least one primary government ID (and backup IDs),
- PSA birth certificate (useful for name/birth detail consistency issues),
- marriage certificate (for married name/maiden name issues),
- any documents showing aliases or name corrections (if applicable).
Step 4: Go through NBI’s record verification / quality control path
When you have a HIT tied to your own dismissed case, the usual practical route is:
- Present the dismissal/acquittal documents at the NBI clearance processing center handling your application.
- Ask for the record to be updated/annotated to reflect the final disposition and to avoid repeated HITs.
- Comply with biometrics/fingerprint verification to ensure the record is correctly linked to you (or delinked from you if it’s a namesake).
If it’s a namesake hit, the key is proving you are not the person in the record through:
- biometrics,
- consistent personal data,
- and NBI’s internal comparison process.
Step 5: If you keep getting hits repeatedly, request deeper record correction
If you are repeatedly flagged even after presenting dismissal documents, it typically means the database entry:
- was not updated properly,
- exists in multiple linked records,
- has inconsistent identifiers,
- or is being matched by name alone due to incomplete encoding.
In that scenario, you usually need to:
return to the clearance center and request escalation to the unit that handles record maintenance/quality control, bringing:
- prior NBI clearance(s),
- the full docket/case identifiers (case number, prosecutor’s I.S. number, court branch),
- and certified dispositions.
9) Special scenarios and how they affect clearance outcomes
A. “Provisionally dismissed” or “archived” cases
These are not the same as a final dismissal or acquittal. Some dispositions allow revival/refiling under certain conditions. Expect NBI to be cautious and require more verification.
B. Multiple cases with the same complainant or incident
You may have:
- a criminal case dismissed,
- but another related complaint (e.g., a different charge) still pending. NBI can treat the record as unresolved until all relevant entries are disposed or properly distinguished.
C. Warrants and hold orders
If there is an active warrant, that is a different and more serious situation than a dismissed complaint. Even if you believe the case was dismissed, confirm via court records that:
- the case is terminated, and
- any warrant/process has been recalled/quashed if it was issued.
D. Affidavit of Desistance / settlement
A settlement may help lead to dismissal in some contexts, but it does not automatically cleanse records. What matters is the official resolution/order.
E. Juvenile/confidential records
If the matter involved a child in conflict with the law, confidentiality rules can apply; practical handling may differ, and documentation/identity protection may be stricter.
F. Data errors (misspellings, wrong birthdate, wrong middle name)
These cause persistent hits. Fixing them often requires:
- consistent PSA documents,
- and a deliberate record correction/annotation process.
10) Data privacy and your right to correction
Under Philippine data privacy principles (including those embodied in the Data Privacy Act of 2012, RA 10173), individuals generally have rights related to:
- accessing personal data held about them (subject to lawful exceptions),
- disputing inaccuracies,
- and seeking correction of erroneous personal information.
However, government agencies performing law enforcement or regulatory functions may have lawful grounds to retain certain records. The practical takeaway is:
- You can seek correction and accurate updating (especially where a case is dismissed or the record is not yours),
- but “deletion/erasure” is not always the default remedy for government-held law enforcement records.
11) Practical checklist: fastest path to clearing a dismissed complaint
If the record is yours and dismissed:
- ✅ Certified true copy of prosecutor resolution or court dismissal/acquittal
- ✅ Certificate of finality (strongly recommended where applicable)
- ✅ Government IDs + PSA documents (birth/marriage if relevant)
- ✅ Case identifiers (I.S. number / criminal case number / court branch)
- ✅ Present at NBI for annotation/update + biometrics verification
If it is a namesake:
- ✅ Strong identity documents (PSA birth, IDs)
- ✅ Cooperate with biometrics verification
- ✅ Ask that the hit be properly differentiated to prevent recurring delays
12) Bottom line
- Yes, dismissed complaints can still appear indirectly (as a HIT or derogatory record flag) because NBI clearance is driven by database entries and matching logic, not by automatic synchronization with every case disposition.
- The remedy is usually not litigation, but documentation + record annotation/correction: bring certified dismissal/acquittal papers, prove finality where needed, and ensure NBI correctly links (or delinks) the record through identity verification.
- The long-term goal is a database state where your record reflects the true final disposition, minimizing repeat hits and preventing a dismissed matter from being treated as pending.