Executive Summary

A Police Clearance is a locality-based certificate from the PNP stating that, at the time of issuance, you have no derogatory record in that station’s databases and within the PNP’s centralized checks (as implemented), based on your identity biometrics. It is not the same as an NBI Clearance and does not guarantee the absence of cases nationwide.

If you have a pending criminal case—from inquest/preliminary investigation up to trial—the effects on your police clearance range from no effect (still issued) to issuance with a remark (e.g., “with pending case”) or denial, depending on the stage of the case, existence of a warrant, and how the PNP system reflects your record. Understanding where your case sits in the pipeline is crucial to knowing what the police and employers will see.

What a Police Clearance Is (and Isn’t)

What it is: A PNP-issued certificate (often requiring Barangay Clearance, valid ID, and biometrics) that checks local station records, PNP-wide derogatory indices, and, where implemented, warrant bulletins tied to your identity.
What it isn’t:
- Not a court clearance and not proof that you have no case nationwide.
- Not an NBI Clearance (which checks a wider national database of court cases and often flags “HITs” requiring verification).
- Not an immigration or BI certificate; foreign embassies almost always require NBI, not police clearance.

Many employers ask for either Police Clearance or NBI. If your history is complicated—or you need it for visa or security-sensitive work—get the NBI as well.

The Criminal Case Timeline—and How Each Stage May Affect Police Clearance

Below is the typical pipeline for a criminal matter and what it tends to mean for police clearance:

Barangay blotter only (no criminal complaint)
- Effect: Usually no bar to issuance. A blotter is not a criminal case; it’s a record of a report. Stations rarely deny clearance for blotters alone, but they may look closer if there’s an active protection order or repeated incidents.
Police complaint / inquest referral to the Prosecutor
- Effect: If there’s no inquest arrest and no warrant yet, many stations still issue clearance. Some may annotate “with pending complaint” if their system shows it.
Preliminary Investigation at Prosecutor’s Office (no case filed in court yet)
- Effect: Often still issued. Some stations won’t annotate because it isn’t a court case. Others may flag it if the prosecutor’s system syncs derogatory data.
Information filed in Court (case docketed); no warrant yet
- Effect: Mixed practice. Some stations issue; others annotate “with pending case.” If your identity is matched to a case docket in PNP indices, expect a remark.
Warrant of Arrest issued (bailable/non-bailable)
- Effect: High likelihood of denial or referral to the Warrant Section. Risk of arrest is real if you appear at the station. Coordinate with counsel and post bail/seek recall of warrant before attempting to obtain a police clearance.
Arraignment and Trial ongoing (no warrant; on bail/OR)
- Effect: Stations may issue with annotation (e.g., “with pending criminal case in [Court]”), or may require supporting court papers before release.
Case dismissed / acquittal / provisional dismissal
- Effect: Once the court disposition is properly reflected in records, the station should issue a clean police clearance. If their system hasn’t updated, bring certified copies and request an update.

Key Distinctions: Police vs. NBI vs. Court/Prosecutor Certifications

Police Clearance (PNP) – Localized snapshot; may miss cases in other regions; can reflect warrants and station blotters; issuance practices vary by station and system integration.
NBI Clearance – National; returns a HIT if your name/biometrics match any record nationwide (court cases, warrants, sometimes even archived). You’ll be asked to submit court/prosecutor documents to clear or annotate the HIT.
Court Certificate (e.g., Certificate of No Pending Case or Case Disposition) – Issued by the specific court where a case is pending/disposed; authoritative for that case only.
Prosecutor’s Certification – Can confirm status (e.g., under preliminary investigation, dismissed, filed in court).

For employment or tender bidding where integrity checks matter, coupling Police Clearance + NBI Clearance + Court/Prosecutor certification removes ambiguity.

Typical Station Outcomes if You Have a Pending Case

Issued without annotation – common when no court case/warrant is detected.
Issued with remark – “with pending case/complaint,” indicating transparency to employers.
On hold/denied – when a warrant exists or the station requires court proof of status before issuing.
Referral to Warrant Section – if the system flags an active warrant.

Risks and Practical Safety Notes

If you suspect a warrant exists, do not walk into a police station just to “check.” Work with counsel to:
- Verify docket details;
- Post bail (if bailable) and move to recall the warrant;
- Appear in court voluntarily.
Namesakes: You could be flagged because someone with your same name is in a case. Bring IDs and, if available, birth certificate and court certifications to differentiate.

How to Get a Police Clearance If You Have a Pending Case

Collect documents
- Valid IDs; Barangay Clearance;
- If there’s a case: certified copies of the Information, Order granting bail/recall of warrant, or the most recent Court Order; Prosecutor certification if still under PI.
Apply (online/onsite, as the LGU/PNP platform requires)
- Be ready for live capture (photo/fingerprints).
- If the kiosk flags you, you may be routed to verification.
Explain and present papers
- If your status is on bail/OR and no active warrant, stations often issue with annotation or issue after noting your papers.
If denied for lack of update
- Politely request the desk to note your court/prosecutor documents and escalate for database update.
- If a warrant is active, halt the process and consult counsel for bail/recall.

Cleaning Up After Dismissal or Acquittal

Obtain:
- Court Order dismissing the case or Decision of acquittal;
- Certificate of Finality/Entry of Judgment (when applicable);
- If the case died at the prosecutor level, a final resolution dismissing the complaint.
Carry certified copies to:
- PNP (station or records/crime information unit) to update entries;
- NBI Quality Control to resolve future HITs;
- HR/Client that asked for the clearance.
Data Privacy angle
- You have a right to request correction of outdated personal data in agency systems; provide official dispositions to support the update.

The Philippines has no general expungement statute; you cure records by ensuring accurate disposition is reflected wherever the case appears.

Employers’ & HR’s Perspective

Police Clearance alone is not conclusive; ask for NBI Clearance and, if a remark appears, court/prosecutor documents.
Focus on:
- Stage of the case (complaint vs. filed case vs. conviction);
- Nature of the offense (job-related?);
- Current legal status (dismissed, provisionally dismissed, acquitted, under probation, etc.).
Avoid discrimination based on mere allegations; use a consistent policy tied to the role’s risk profile.

Special Situations

Hold Departure Orders/Watchlists are court/DOJ/BI measures, separate from police clearance. The presence or absence of a police clearance does not lift such travel restrictions.
Probation/plea bargaining: If there is a conviction but you’re on probation, police clearances may annotate or deny, depending on local policy and the status of any warrants. Bring the Probation Order.
Protection Orders (VAWC, etc.): These are not criminal convictions but can appear in local systems; stations generally still issue, sometimes with internal notes.

Frequently Asked Questions

1) Will a pending case automatically stop my police clearance? Not always. No warrant + documentation often leads to issuance (sometimes with a remark). Active warrant commonly results in denial/referral.

2) The station says I have a “derogatory record” but won’t issue; what can I do? Ask what record triggered it and present court/prosecutor papers showing status (e.g., dismissed, no warrant, on bail). If it’s a warrant, coordinate bail/recall first.

3) My NBI shows a HIT but police clearance was clean. Why? NBI mines nationwide court dockets more comprehensively. A clean police clearance does not guarantee no pending case elsewhere.

4) If my case is dismissed today, will tomorrow’s police clearance be clean? Maybe not immediately. Systems update on schedules. Bring certified dispositions to help the station annotate or proceed while updates propagate.

5) Can I be arrested at the police clearance center? If you have an active warrant, yes. Confirm status and post bail/seek recall before appearing.

Practical Checklists

Applicant’s Pack

Valid IDs, Barangay Clearance
If applicable: Prosecutor certification (status), Court Orders (bail, recall of warrant), dismissal/acquittal
Copies (certified) + digital scans
Contact of counsel

After Dismissal/Acquittal

Order/Decision + Entry of Judgment/Finality
Visit PNP/NBI for data updates
Inform HR/Client; keep a document set handy for future background checks

Employer/HR

Ask for Police + NBI
If any “HIT/remark,” request court/prosecutor proof
Apply role-based adjudication criteria (consistency, fairness)

Bottom Line

A pending criminal case does not always block a Police Clearance—but active warrants usually do.
Police clearance ≠ NBI clearance; many organizations require both.
If you have a case, bring official papers showing its status; if it’s dismissed, secure certified copies and push record updates.
When in doubt about a warrant, resolve it safely with counsel first—don’t risk arrest at the clearance window.

This guide provides general legal information on how pending criminal cases interact with police clearances in the Philippines. For specific cases, consult counsel and use certified documents to manage what appears in background checks.