Provisional dismissal records in NBI clearance (Philippine context)

This is a practical, Philippine-specific explainer for lawyers, HR officers, recruiters, and applicants. It covers what a provisional dismissal is, how and why it shows up as a “hit” on your NBI Clearance, how to remove or correct the record once it becomes permanent, and what paperwork and steps you’ll usually need. Laws, forms, and internal procedures can change, so treat this as guidance—not legal advice.

1) Quick definitions

NBI Clearance – A background-check certificate issued by the National Bureau of Investigation (NBI). It states whether your name matches any entries in NBI’s database from courts, prosecution offices, law-enforcement agencies, and other sources. If there’s a match, you get a HIT and may need to undergo verification at the NBI’s Quality Control/Adjudication section before a clearance is released.
Provisional dismissal – A court-ordered temporary dismissal of a criminal case under the Rules of Criminal Procedure (often referred to under Rule 117, Sec. 8). Key ideas:
- It is not a final acquittal; double jeopardy does not attach.
- The case can be revived by the prosecution within a limited time.
- If the case is not revived within the specified period, the dismissal ripens into a permanent dismissal by operation of the rule.

2) When and how a provisional dismissal happens

A court may provisionally dismiss a case when, for example:

The prosecution asks for dismissal (e.g., key witness is unavailable), with the express consent of the accused; and
The offended party and the prosecutor were notified; and
The court issues an Order of Provisional Dismissal.

Revival window:

If the maximum penalty for the offense is ≤ 6 years, the State typically has 1 year to revive the case.
If the maximum penalty is > 6 years, the State typically has 2 years to revive the case.

If the prosecution doesn’t revive the case within that window (counted from receipt of the order; courts vary in phrasing), the provisional dismissal becomes permanent automatically. The case is then effectively terminated, subject to any contrary court orders.

3) Why a provisionally dismissed case still appears on NBI checks

Even if the case is “dismissed (provisional),” your name and case details may remain in data sent by courts/prosecutors to the NBI. Because revival is still possible, the database often flags the name as having a record tied to a criminal docket. The result:

Your online or in-person application yields a HIT.
You may be asked to return on a specific date or to appear before Quality Control with documents.
Until the NBI verifies the true status (e.g., that the revival window already lapsed or the court has issued a later order), the system may show “with derogatory record” or similar internal flags.

This is normal and doesn’t mean you’re convicted. It means the name matched a case file and needs manual verification.

4) How it’s supposed to look once the dismissal becomes permanent

Once the revival period lapses without revival, the provisional dismissal is deemed permanent by the rule. Practically:

The court may issue or allow you to secure:
- A Certified True Copy (CTC) of the Order of Provisional Dismissal; and
- A Certification from the Clerk of Court or Prosecutor that no motion to revive/no reinvestigation/no refiling was made within the applicable period; or
- A Certificate of Finality/Entry (if the court issues one in your case—practice varies); and
- (If there was a subsequent order converting it to a simple “dismissed” case) a CTC of that later order.
Presenting these to NBI Quality Control typically leads to:
- Annotation update in the NBI system; and
- Issuance of a clearance that no longer bears a pending derogatory annotation for that case.

5) Typical documents the NBI QC section may ask for

Requirements vary by branch and by the status shown in their database, but you’ll be safe if you prepare:

Valid government ID (matching the name used on the clearance).
Certified True Copy of the Order of Provisional Dismissal (with the case title, number, date, and court).
Certification of non-revival (from the court or prosecutor) stating that no revival/refiling occurred within the 1- or 2-year window.
If available in your court: Certificate of Finality/Entry of Judgment or a subsequent Dismissal Order (if the judge later issued a simple “dismissed” order).
Proof of identity alignment (if there are name differences—affidavit of one-and-the-same person, marriage certificate, change-name order, etc.).
(If the case was revived) Copies of any later orders showing the present status (e.g., final dismissal, acquittal, conviction reversed on appeal).

Bring originals and photocopies. The QC officer will keep copies for the adjudication/update.

6) Step-by-step: clearing or updating your NBI record

Apply for NBI Clearance (online appointment or walk-in per current policy).
If you get a HIT, wait for the advised verification date or proceed to Quality Control as instructed.
Attend QC/Adjudication with the documents in §5.
Interview & review: The officer checks the docket numbers and dates, compares them to the revival windows, and confirms whether the case is now permanently dismissed (or what its current status is).
Database update: If appropriate, the officer annotates the case as closed/finally dismissed or marks it as cleared for issuance.
Release/printing of your updated clearance (often the same day after QC completes, depending on queue and completeness of documents).

Tip: If you have multiple name variations (middle initial vs. full name, married name, suffixes like Jr./III), ask QC to note them to avoid recurring hits.

7) Special scenarios and how they affect your NBI result

Within the revival period: The case remains revivable. NBI will often keep a flag. You may still get your clearance after QC, but the annotation depends on their verification of the case’s present status.
After the revival period (no revival): The dismissal is permanent by rule; QC should be able to clear the record upon proof.
Case revived/refiled under a different docket: The NBI may reflect a new entry. You’ll need to show the current case status.
Name-sake issue: Your “HIT” could be someone else. QC will compare birthdate, middle name, sex, and other identifiers to separate identities. Bring PSA birth certificate or other proofs if your identifiers were inconsistent across filings.

8) How employers, embassies, and agencies usually view a provisional dismissal

Recruiters/HR: A provisional dismissal is not a conviction. Many employers accept a clearance once QC updates the annotation to reflect no pending case or case dismissed.
Foreign embassies/POEA/DFA: For visas or overseas employment, they typically ask for the NBI Clearance plus supporting court documents if there’s history. Provide:
- The dismissal order(s),
- The non-revival certification (or equivalent),
- Any finality/entry papers available. This helps show that no criminal case is pending against you.

9) Rights to correction under data privacy principles

You can request correction of inaccurate or outdated entries that suggest a case is pending when it is not.
Law-enforcement databases have exemptions but generally allow rectification of inaccurate data. In practice, the NBI QC/Records section is the correct avenue to update or annotate records to reflect final case status.
Erasure/“expungement” is limited. The Philippines does not have a general “expungement” statute akin to some jurisdictions. However, your clearance should reflect the current, accurate status (e.g., no pending case after permanent dismissal).

10) Practical checklists

A) If your case was provisionally dismissed less than 1 or 2 years ago

CTC of the Order of Provisional Dismissal
Proof of identity (IDs)
Expect a HIT; go to QC; result depends on the current status
Calendar the revival deadline (1 year if max penalty ≤ 6 years; otherwise 2 years)

B) If the revival period has lapsed with no revival

CTC of the Order of Provisional Dismissal
Certification from court/prosecutor: no revival within the period
(If available) Finality/Entry or subsequent Dismissal Order
Bring IDs and name-linking docs (if needed)
Request QC annotation/update and issuance of a clean clearance

C) If you’re a namesake

PSA birth certificate (for exact name, middle name, birthdate)
Government ID(s)
Any prior clearances showing your correct identifiers

11) Common pitfalls (and how to avoid them)

Relying on a photocopy without court certification → Bring certified true copies.
Ignoring middle names/suffixes on the online application → Enter your full legal name exactly as on your IDs.
Assuming the case auto-vanished after provisional dismissal → It doesn’t; you must prove lapse/non-revival to QC.
Not tracking the revival deadline → Count the 1/2-year window from the dismissal order (or receipt thereof), then secure a non-revival certification after it lapses.
Expecting “record deletion” → What you get is an accurate annotation and an issuable clearance, not wholesale erasure.

12) Model letter to court/prosecutor for certification of non-revival

Re: Request for Certification (No Revival/Refiling within Rule 117 §8 period) To: The Hon. Clerk of Court / Office of the City/Provincial Prosecutor

I respectfully request a certification in [Case Title, Case No., Court/Office] stating that no motion to revive, refiling, or reinvestigation was made within the [one/two]-year period from the Order of Provisional Dismissal dated [date].

The certification will be used for NBI Clearance adjudication to reflect the current status of the case.

Attached are: (1) my valid ID, (2) CTC of the order, and (3) proof of relation to the case.

Thank you. [Name / Signature / Contact details]

13) FAQs

Q: My clearance shows a HIT for a case that was provisionally dismissed 3 years ago. What do I do? A: Bring the CTC of the provisional dismissal and a court/prosecutor certification that no revival occurred within two years (or one year, depending on penalty). QC should then update your record and release your clearance.

Q: Is a provisional dismissal the same as an acquittal? A: No. It’s temporary and revivable. Once the period lapses without revival, it becomes permanently dismissed, but it’s still not an acquittal on the merits.

Q: The prosecutor refiled the case with a new docket. Will NBI still flag me? A: Yes, likely. Bring documents showing the current status of the new case. QC bases the clearance on what’s pending now.

Q: Can NBI remove all traces of the old case? A: Expect annotation and accurate status, not total erasure of historical entries. The clearance you receive should say no pending case if the matter is permanently dismissed.

Q: How soon after provisional dismissal can I get a “clean” clearance? A: Usually after the revival window lapses and you present proof of non-revival or a subsequent final dismissal.

14) Key takeaways

A provisional dismissal will often trigger an NBI HIT until verified.
After 1 or 2 years, if no revival occurs, the dismissal becomes permanent.
To clear/update your NBI record, present certified court/prosecutor documents to NBI Quality Control.
Expect annotation updates (accurate status) rather than total deletion, and use full legal identifiers to reduce repeat hits.

If you want, tell me your offense charged, date of the provisional dismissal, and whether any later orders exist. I can draft a custom checklist and a court/prosecutor request letter that matches your exact situation.