Reasons an NBI Clearance Becomes “Invalid” in the Philippines
(A practitioner-oriented explainer, updated to June 2025)
An NBI Clearance is the National Bureau of Investigation’s official certification that, as of the date of issuance, the bearer is “not the subject of any pending criminal complaint or warrant” in the NBI’s central database.¹ Because it is negative-record evidence, the document is strictly time-bound, purpose-specific, and sensitive to any alteration. Below is an exhaustive run-through of the recognized grounds that render an NBI Clearance unusable or “invalid,” together with the relevant legal or administrative basis.
1. Expiration of the Prescriptive Validity Period
| Period | Governing Issuance | Practical Effect |
|---|---|---|
| 180 days (six months) from the “Date Issued” stated on the clearance | NBI Office Order No. 18-2017 (reaffirmed by Office Order No. 002-2021) | After the last day, the clearance is treated as lapsed and cannot be accepted by government agencies or private entities. Applicants must secure a new clearance—even if no new “hit” has arisen. |
Note: Earlier circulars (pre-2017) mentioned a 12-month validity, but the six-month rule has been uniformly followed since full implementation of the NBI Clearance Online system in 2018.
2. Physical Damage or Loss
- Torn, soaked, scorched, or heavily creased copies are rejected during verification because the QR code or control number may no longer be scannable.
- Lamination is *discouraged.*² When laminated, security fibers become harder to authenticate; some embassies and licensing boards deem laminated copies invalid.
- Missing pages on the multi-page version issued to foreign-service applicants likewise invalidate the clearance.
3. Alterations, Erasures, or Overprinting
Under Art. 172, Revised Penal Code (Falsification of Documents) and Sec. 6(k), RA 10867 (NBI Reorganization and Modernization Act), any manual alteration—typographical correction fluid, erasures, or “double-printing” of name, birth date, or clearance purpose—voids the document and exposes the bearer to criminal liability.
4. Fraudulent or Counterfeit Clearances
- The NBI routinely issues Intel Bulletins to government HR offices and recruitment agencies with specimen signatures, control-number ranges, and ink colors for every quarter.
- A clearance printed outside the secured NBI printing facility, or one whose serial number does not correspond to its QR hash, is presumptively invalid. Presenting it can lead to prosecution for Use of Falsified Documents (Art. 172 (3), RPC).
5. Subsequent “Hit” or New Criminal Information
Even within the six-month life span, an NBI Clearance becomes void the moment a new complaint, inquest, or information is received by the NBI against the bearer. The legal basis is the clearance’s own caveat printed at the bottom:
“This Certificate is valid only while the holder has no pending criminal record entered in the NBI database after the date of issuance.”
Employers or licensing bodies that perform a real-time QR verification will see the updated status (“With Hit—Under Review”) and must treat the old clearance as cancelled.
6. Material Change in Personal Circumstances
| Change | Mandatory Action | Basis |
|---|---|---|
| Legal name change (RA 9048/RA 10172 petition, court decree) | Obtain a new clearance reflecting the updated name | DOJ Dept. Circ. NO. 38-2003; NBI Memo 15-2019 |
| Change in civil status that triggers a name change (e.g., marriage for women who adopt spouse’s surname) | Same as above | Art. 370, Civil Code; OCA Circular 142-2022 for court employees |
| New passport or work-visa application abroad | A “For Abroad” version is required; the local-use clearance is not acceptable to PH overseas posts | DFA-NBI Joint Memo of Understanding, 2016 |
7. Wrong “Purpose” Field
The e-form requires the applicant to choose Purpose: Local Employment, Travel Abroad, Firearms License, Practice of Profession, etc. Using a clearance outside the ticked purpose is deemed non-compliant by many agencies (e.g., PNP-FEO will not honor one marked “Local Employment”).³
8. Incomplete Biometric or Documentary Background
- Clearances issued during a system outage in which fingerprints or photographs were manually captured carry a provisional stamp (“Subject to Database Upload”). If the applicant fails to return for re-capture within 15 days, the clearance auto-expires.
- Clearances marked “Released Pending Record Verification” (common for namesakes with hits) become invalid if the applicant does not clear the hit within 30 days (NBI Office Order No. 013-2019).
9. System-Wide Recalls or Format Upgrades
Occasionally, the NBI recalls batches of printed clearances due to security feature upgrades (e.g., the migration to the QR-embedded 2020 format). A public advisory gives a grace period for free re-issuance, after which the old format is no longer honored.
10. Court or Agency-Ordered Hold
A court, the Ombudsman, or the DOJ may issue an order directing the NBI to suspend or void a specific clearance—for example, in Temporary Restraining Order violations, bail-jumping cases, or immigration watch-list inclusion. Once the NBI Records Division encodes the order, the clearance is tagged “VOID—Court Order.”
Practical Compliance Tips
- Keep the original un-laminated copy in a plastic sleeve; present certified photocopies if allowed.
- Verify online before submission (scan the QR code on mobile) to catch any mid-validity hit.
- Apply for a new clearance immediately after a name change or once a criminal case is dismissed, so your updated “No Record” status is formally captured.
- For multiple uses (e.g., job hunt + visa), request separate clearances to avoid rejection due to the wrong “Purpose” field.
- Never entrust fixers; use only the official NBI e-Clearance portal and pay through accredited payment centers.
Key Legal and Administrative References
Republic Act No. 10867 – “NBI Reorganization and Modernization Act” (2016), esp. Secs. 5(i), 6(k).
Revised Penal Code, Arts. 171-172 – Falsification and Use of Falsified Documents.
NBI Office Orders:
- OO 18-2017 – Standardizing six-month validity.
- OO 002-2021 – Re-issuance and validity reiteration.
- OO 013-2019 – Clearance release with pending hits.
DOJ Department Circulars: Nos. 38-2003 (name changes) & 11-2014 (outsourcing of NBI Clearance centers).
DFA–NBI MOU (2016) – Separate format for “Travel Abroad.”
Footnotes
- See: NBI Manual of Operations, Vol. II, ch. 8 (2024 ed.).
- NBI Public Advisory, 12 March 2022: “Do not laminate your clearance; keep it dry and unaltered.”
- PNP Firearms and Explosives Office (FEO) Memo, 05 Jan 2023.
Bottom line: An NBI Clearance is a snapshot of your criminal-record status on a specific date, under specific identifying details, for a specific purpose. Any circumstance that ages, alters, contradicts, or overtakes that snapshot will immediately strip the document of its probative value and, in turn, its validity.