1) What an NBI Clearance is—and what it is not

An NBI Clearance is the Philippines’ most commonly accepted national “police certificate” for employment and many travel/visa purposes. It is a record-check against databases and reports that NBI uses (including entries traceable to criminal complaints/cases and their dispositions).

It is not:

a declaration of guilt or innocence;
a court clearance;
a substitute for proof that a case was dismissed or that a warrant was lifted.

A person can be presumed innocent under the Constitution and still have an NBI record entry that triggers a “hit” or a “derogatory record” status.

2) The key terms you’ll encounter

A. “HIT”

A HIT typically means your name (and sometimes birthdate or other details) matched or resembled a name in NBI’s index. A HIT does not automatically mean you have a case; it can be caused by a namesake.

B. “With Record” / “With Derogatory Record”

This generally means NBI has an entry that it considers an actual match to you or needs further verification. The entry may relate to:

a pending criminal case;
a criminal complaint that has been recorded and is awaiting disposition;
a warrant of arrest or other adverse notation; or
a case with a final outcome (dismissal/acquittal/conviction) but not yet updated in the record.

C. “Pending case”

In practical Philippine usage, “pending case” usually refers to a criminal matter that is still active at any stage, such as:

complaint filed (e.g., before the prosecutor or investigating office),
information filed in court (MTC/MeTC/MTCC/MCTC/RTC) but not yet resolved,
trial ongoing, or
judgment not yet final, or
warrant outstanding, or
case archived but can be revived (context-specific).

“Pending” is different from “dismissed,” “acquitted,” or “convicted with finality.”

3) Why overseas work makes this more complicated

Overseas employment and migration processes commonly require a police clearance and often emphasize “good character” or “no criminal record.” The friction points are:

Employer/agency screening Many foreign employers and recruitment partners treat any “record” as a risk—even if the case is minor, old, or dismissed but not updated.
Visa and immigration requirements Some countries focus strictly on convictions; others require disclosure of charges or pending cases, and inconsistencies can lead to refusal.
Philippine departure controls (separate from NBI) Even if you can obtain an NBI clearance, you can still be blocked from leaving if you are subject to:

a warrant of arrest,
a court-issued travel restriction (often a bail condition requiring court permission to travel),
a Hold Departure Order (HDO) or similar restriction,
a DOJ/BI watchlist or alert mechanism (depending on the circumstances).

A pending case does not automatically mean you cannot travel; travel restrictions depend on the existence of a warrant/HDO/bail conditions/watchlist, not simply the filing of a case.

4) What usually happens at NBI when you have a HIT

When you apply for NBI clearance, biometrics and personal details are checked. If there is a HIT, you may be:

asked to return after verification (common delay);
referred to quality control/interview for identity matching; and/or
asked to submit supporting documents to clear the record.

NBI’s goal in the HIT process is to determine whether:

you are merely a namesake, or
you are the same person reflected in the derogatory entry, or
the entry is yours but the disposition (dismissal/acquittal) is not yet reflected.

5) Common scenarios—and what they mean for overseas work

Scenario 1: You have a HIT but you are a namesake (no case is actually yours)

Typical signs

You know of no complaint/case, and the “hit” is due to a similar name.

What usually resolves it

Additional identity verification (IDs, birth certificate details, sometimes clarificatory interview).
NBI may clear you once it determines you’re not the person in the record.

Overseas impact

Mainly a time delay problem. Apply early.

Scenario 2: A criminal complaint/case exists, but there is no warrant and you are not under travel restriction

Typical signs

You are aware a complaint was filed (e.g., estafa, BP 22, cyber-related offenses, physical injuries, etc.).
You have appeared, posted bail (if required), or the case is at preliminary investigation/trial.

NBI impact

Your clearance may reflect a record, or may require verification and may not be issued as “clean” depending on the entry.

Overseas impact

Employer/visa risk depends on the country and the employer’s policy.
You may be asked for:
- proof of the case status,
- proof you are on bail and compliant,
- court permission to travel if your bail conditions require it.

Scenario 3: A warrant of arrest exists (or you missed proceedings)

Typical signs

You received information that a warrant was issued, or you failed to appear, or a case moved forward without your participation.

NBI impact

This is the most serious category; it commonly results in a derogatory record and will be difficult to clear without addressing the warrant.

Overseas impact

High risk of being stopped due to enforcement mechanisms and watchlists, aside from NBI clearance issues.

Scenario 4: The case was dismissed or you were acquitted—but NBI still shows a record

Typical signs

You have an order of dismissal/acquittal, but NBI continues to tag you.

Why it happens

NBI records do not always automatically update. Updating often depends on documentation being submitted/verified.

What usually resolves it

Submitting certified true copies of the court disposition and, where applicable, a certificate of finality (proof the decision is final and executory).

Overseas impact

Once the record is updated, you avoid recurring issues on future renewals.

6) The practical “document set” that commonly clears or updates NBI records

Which documents you need depends on the stage and nature of the case, but these are the documents most often relevant:

A. If you are a namesake / identity mismatch

Multiple government-issued IDs with consistent name and birthdate
PSA Birth Certificate (often useful for full name, parentage, and DOB consistency)
If your name is very common, documentation showing distinguishing details (middle name, suffix, place of birth)

B. If there is a pending court case

Case details: docket/case number, court branch, nature of offense
Proof of status: certification from the court (often called a certificate of case status or similar)
If on bail: bail bond papers, and any court conditions on travel

C. If the case was dismissed/acquitted/closed

Certified True Copy of:
- Order of Dismissal / Judgment of Acquittal, and
- Entry of Judgment or Certificate of Finality (when applicable)
Proof of identity matching the case record (so NBI can link the disposition to the correct derogatory entry)

D. If a warrant exists but you are addressing it

Court orders relating to:
- recall/quashal of warrant,
- lifting of bench warrant,
- acceptance of bail,
- reinstatement of bail (if forfeited) (The specific remedy depends on the procedural posture of the case.)

7) Overseas work: what additional court/immigration issues to check (separate from NBI)

A. Bail conditions and travel permission

If you are an accused in a criminal case and are out on bail, courts may impose conditions. In many situations, courts require prior permission before traveling abroad. The existence and strictness of this rule can depend on:

the nature of the offense,
the court’s orders,
your history of appearing,
the bail bond terms.

B. Hold Departure Orders / watchlist-type restrictions

Travel restrictions can come from:

courts (often for criminal matters), and/or
executive mechanisms (varies by circumstance and legal basis).

Practically, if you have a pending case and are planning overseas work, the risk is highest if:

a warrant has been issued,
you have missed hearings or ignored summons/subpoenas,
there is an explicit order restricting travel.

8) How to handle NBI clearance timing for overseas processing

Because HIT verification can delay release, the practical approach is:

Apply early (not near deployment or visa interview dates).
Keep a clean set of identity documents consistent across IDs (name spelling, middle name, suffix).
If you have a known case history, prepare:
- court/prosecutor status documents,
- final orders and certificate of finality if already resolved,
- bail/travel permission documents if applicable.

9) What not to do (high legal risk)

Using fixers or obtaining a fake clearance exposes you to criminal liability and can create permanent problems for visas, employment, and future clearances.
Ignoring summons, subpoenas, or hearing notices increases the risk of warrants and travel restrictions.
Misrepresenting your case status on visa or employer forms can lead to refusal, blacklisting, or later cancellation when discovered.

10) Frequently asked questions

“Can I get an NBI clearance if I have a pending case?”

Sometimes an NBI clearance can still be issued, but it may not be a “clean” clearance, and you may be asked for verification documents. If the record is confirmed and remains pending, it may continue to appear as derogatory.

“Will a pending case automatically stop me from leaving the Philippines?”

Not automatically. Travel is usually blocked by warrants, explicit court travel restrictions, or departure control mechanisms, not merely by the existence of a pending case. However, those restrictions can arise during the life of a pending case.

“My case was dismissed. Why does it still show in NBI?”

Record updating may require submitting certified court documents (often including proof of finality) so the disposition can be matched and annotated in the record.

“I was HIT but I’ve never had a case.”

This is common with namesakes. Identity verification and additional documents usually resolve it, but it can take time.

11) Bottom line

For overseas work, an NBI clearance issue is usually one of three problems: namesake HIT, pending active record, or resolved case not yet updated. The solution depends on identifying which one applies and preparing the corresponding proof—while separately checking whether any warrant or court travel restriction exists that could affect departure independent of the NBI clearance.