A Police Clearance is a vital document in the Philippines, frequently required for employment, firearms licensing, overseas travel, and various government transactions. It serves as a certification of an individual’s criminal record—or lack thereof—within the country.

When an individual has a history of a criminal conviction or a legal settlement, securing a "clean" clearance becomes a complex process navigated through the National Police Clearance System (NPCS) of the Philippine National Police (PNP).

1. The Legal Framework of Police Clearances

The PNP maintains a national database that aggregates records from local police stations, courts, and other law enforcement agencies. Unlike a National Bureau of Investigation (NBI) clearance, which covers broader records across the entire judiciary, a Police Clearance specifically tracks localized police blotters, warrants of arrest, and criminal records.

When you apply for a clearance, the PNP runs your biometrics and name through the NPCS. The system will return one of two results:

No Criminal Record (Clean): Issued if there are no active warrants or derogatory records linked to your identity.
HIT: Triggered if a matching name or fingerprint is tied to an active warrant, an ongoing criminal case, a past conviction, or an unresolved police blotter.

2. Impact of a Criminal Conviction

A criminal conviction occurs when a court finds an accused individual guilty beyond a reasonable doubt, resulting in a final judgment.

Permanent Record Retention

In the Philippines, a criminal conviction does not automatically disappear from police or NBI databases after a specific number of years. There is no automatic "expungement" law akin to some Western jurisdictions. Once a judgment of conviction is rendered, it remains on your permanent derogatory record.

Consequences on the Clearance

If you have a past conviction, your police clearance application will trigger a HIT. The physical clearance certificate issued to you will explicitly list the crime for which you were convicted and the court that handed down the sentence.

Exceptions to the Rule

Your clearance can only be restored to a "No Derogatory Record" status following a conviction under specific legal remedies:

Absolute Pardon: Granted by the President of the Philippines, an absolute pardon blotted out the crime and entirely restores an individual's civil and political rights, effectively clearing the derogatory record for employment purposes.
Service of Sentence and Rehabilitation (Limited Impact): Completing your prison sentence or paying a court-ordered fine satisfies your criminal liability under Article 89 of the Revised Penal Code. However, while you are no longer liable to the State, the historical record of the conviction remains. It will still appear as a HIT unless specifically ordered removed by a court or via executive clemency.

3. Impact of a Legal Settlement or Dismissal

Many criminal complaints in the Philippines do not end in a conviction; they are resolved midway through a legal settlement, a dismissal during preliminary investigation, or an acquittal at trial.

Compromise Agreements and Affidavits of Desistance

In private crimes (such as bouncing checks under B.P. 22, estafa, or libel), parties often reach a financial or personal settlement. The complainant then executes an Affidavit of Desistance, stating they are no longer interested in prosecuting the case.

However, an Affidavit of Desistance alone does not automatically clean your police record.

[Settlement Reached] ➔ [Affidavit of Desistance Signed] ➔ [Court Formally Dismisses Case] ➔ [Request to Update PNP Database]

The Necessity of a Formal Order

For a settlement to clear your NPCS profile, the following sequence must occur:

The prosecutor or judge must issue a formal Order of Dismissal based on the settlement or desistance.
The case must be deemed officially closed and terminated.
The applicant must manually present this absolute Order of Dismissal to the PNP Crime Laboratory or the clearing office to lift the HIT.

If a case was dismissed during the preliminary investigation stage by the Prosecutor's Office, you must secure a copy of the Prosecutor's Resolution dismissing the complaint to clear your name from the police blotter system.

4. Step-by-Step Process to Clear a "HIT"

If your application results in a HIT due to a past case that has already been settled, dismissed, or served, you must undergo a process called Clearing of Derogatory Records.

Secure Official Court Documents: Prerequisite. Go to the specific court branch that handled your case. Request a Certified True Copy of the Decision, the Order of Dismissal, or the Resolution.
Obtain a Certificate of Finality: Prerequisite. A dismissal or acquittal can still be appealed within a certain window. You must secure a Certificate of Finality from the court clerk, proving that the dismissal or judgment is permanent and can no longer be challenged.
Present Documents to the PNP Clearance Hub: Administrative Action. Submit the Certified True Copy of the Court Order and the Certificate of Finality to the PNP National Police Clearance desk or the PNP Directorate for Investigation and Detective Management (DIDM).
Database Updating and Re-issuance: Final Verification. The PNP legal and IT teams will verify the court documents. Once validated, they will update the NPCS database, changing the status of that specific case file to "Dismissed" or "Cleared." A new clearance can then be printed without the active derogatory remarks.

5. Special Considerations

Provisional Clearances

In rare instances, if a case is still actively ongoing in court and no warrant of arrest is outstanding, the PNP may issue a clearance noting the pending case status. This informs potential employers that you are currently undergoing trial but are not a fugitive from justice.

The Probation Law (P.D. 968)

If a first-time offender is convicted of a minor crime (with a sentence of less than 6 years) and applies for probation instead of serving jail time, the criminal record is not erased immediately. Only after the successful completion of the probation period, and upon the court's formal issuance of a Final Discharge Order, can the individual apply to have the police record updated to show the case is closed.