Obtaining an NBI Clearance After You Have Been Acquitted
(Philippine legal and practical guide, updated 30 April 2025)
1. What an NBI Clearance Is — and Why Your Acquittal Still Matters
| Key point | Legal basis / authority | Practical effect |
|---|---|---|
| The NBI Clearance is the national certificate that you have no “derogatory record” (pending case, warrant, or conviction) as of the date of issuance. | §3 & §4, R.A. 10867 (“NBI Reorganization and Modernization Act,” 2016), plus the NBI Citizens’ Charter. (REPUBLIC ACT NO. 10867 - AN ACT REORGANIZING AND ... - ChanRobles, [NBI Clearance | National Bureau of Investigation](https://nbi.gov.ph/citizens-charter/nbi-clearance/?utm_source=chatgpt.com)) |
| An acquittal is a final judgment that the accused is “not guilty.” | Art. III §14(2) 1987 Constitution (double-jeopardy); Rules of Court, Rule 120-122. | You regain the constitutional presumption of innocence, but your name can still appear as a HIT in NBI databases until the record is updated. |
| “HIT” means the NBI system found a name match linked to a derogatory entry (your own case or a namesake’s). | NBI internal clearance manual (reflected in Citizens’ Charter flow-chart). ([NBI Clearance | National Bureau of Investigation](https://nbi.gov.ph/citizens-charter/nbi-clearance/?utm_source=chatgpt.com)) |
2. Why Acquittals Do Not Auto-Delete From NBI Files
- Court-to-NBI transmittal is slow. Clerks of court are obliged to transmit final judgments, but acquittals are statistically a lower priority than convictions, so the update can take months. (Does an Acquitted Case Affect NBI Clearance? - respicio.ph)
- Database retention rules. Under the Data Privacy Act (R.A. 10173) personal data may be kept “only for as long as necessary for the fulfillment of the purposes … or when retention is allowed by law,” but the NBI still keeps a historical audit trail for investigative purposes. (REPUBLIC ACT NO. 10173 - The Lawphil Project)
- Name-matching algorithms. Even after your own case is tagged “ACQUITTED,” the system can flag you again if a namesake commits a new offense. (Resolving an NBI Clearance "Hit" After Case Dismissal in the Philippines)
3. Step-by-Step: Clearing Your Record and Getting a Clean Certificate
| Stage | What to do | Documents & Fees | Typical time-frame |
|---|---|---|---|
| A. Secure final court papers | Request (i) Certified true copy of the Decision and (ii) Certificate of Finality from the Clerk of Court. | Court fees ≈ ₱200–500. | 1 day – 2 weeks depending on docket congestion. |
| B. Request NBI record rectification | Go to NBI Main Clearance & Records Div. (U.N. Ave., Manila) or any regional NBI office: • Fill out “Request to Remove Derogatory Record” form. • Submit the two court documents + 2 valid IDs. • Optional: cover letter invoking your right to rectification under R.A. 10173 §16. |
No fee for updating the database. | 3–5 working days (longer in regional offices). (NBI Clearance After Acquittal: Legal Implications - respicio.ph, Does an Acquitted Case Affect NBI Clearance? - respicio.ph) |
| C. Re-apply for NBI clearance | Book an online appointment (clearance.nbi.gov.ph), pay ₱155 + e-payment convenience fee, then appear for biometrics. | Online reference number + 2 valid IDs. | Same day if “No HIT”; if still “WITH HIT,” you’ll be asked to wait another 5–15 days while the verifying lawyer checks your file. ([NBI Clearance |
| D. Final pick-up/printing | Return on schedule; verify the printed certificate reads “NO DEROGATORY RECORD.” | None | 15 seconds printing + queue time. |
Tip: Bring both your old (flagged) clearance and the court papers every time you renew for at least the next two years; regional databases sometimes lag behind the central server. (Does an Acquitted Case Affect NBI Clearance? - respicio.ph)
4. Special Situations
- Multiple acquittals or partial dismissals — Provide documents for each docket number; the NBI treats every information separately.
- Plea-bargaining that resulted in a lesser conviction — The final judgment will show a conviction (though for a lesser offense); your clearance will still carry a HIT until the penalty is served or set aside. (Plea Bargaining Impact on NBI Clearance - respicio.ph)
- HIT caused by a namesake, not you — Execute an Affidavit of Denial at the NBI office; present at least three IDs showing full middle name to distinguish you. (Resolving an NBI Clearance "Hit" After Case Dismissal in the Philippines)
- Overseas Filipino Workers (OFWs) — You may file through the Mailed Clearance procedure; enclose apostilled court papers and a special power of attorney naming your representative. (NBI Clearance – Mailed Clearance - Mailed Clearance | National Bureau ...)
- Fixers or unofficial offers — Avoid them; NBI arrested employees and “clearance fixers” in January 2025. (4 NBI employees, 7 clearance ‘fixers’ arrested - Inquirer.net)
5. Your Rights When the Record Is Wrong
| Right | Source | How to invoke |
|---|---|---|
| Right to rectification and erasure of inaccurate data | R.A. 10173 §16(c) | Written request to the NBI Data Protection Officer with proof of acquittal. (REPUBLIC ACT NO. 10173 - The Lawphil Project) |
| Right to be informed of processing | R.A. 10173 §16(a) | Ask for a written explanation of why your data remains in the database. |
| Right to lodge a complaint | National Privacy Commission (NPC) CIRC 16-01 | If NBI fails to correct within 15 days. |
6. Frequently-Asked Questions
How long after the judgment should I wait before going to the NBI?
– Wait until the Certificate of Finality is issued (usually 15 days after promulgation if no appeal). Earlier applications will almost certainly generate a HIT. (NBI Clearance After Acquittal: Legal Implications - respicio.ph)Will the clearance ever say “ACQUITTED” instead of “NO RECORD”?
– No. Once updated, the printed certificate simply removes the derogatory remark; it never lists the history.Does expungement exist in PH criminal procedure?
– Not formally. The remedy is administrative record-cleaning plus asserting data-privacy rights.Can a future case re-flag me?
– Yes; any new complaint, warrant, or conviction will create a fresh entry.
7. Take-Home Checklist
- Certified Decision of Acquittal
- Certificate of Finality
- Two government-issued IDs
- Online appointment reference number
- Affidavit of Denial (if namesake issue)
Keep digital copies; bring hard copies to every renewal for the next couple of years until you consistently get “NO HIT”.
Disclaimer
This article is for educational purposes only and is not a substitute for individualized legal advice. Procedures and fees are accurate as of 30 April 2025 but may change; always verify with your nearest NBI office or the official website before lodging an application.