Will a Dismissed or Discharged Case Appear on NBI Clearance in the Philippines?

This article explains how dismissed, acquitted, and “discharged” cases interact with Philippine NBI clearances. It’s general information, not legal advice for a specific situation.

Key takeaways (at a glance)

Yes, a dismissed or discharged case can still trigger an NBI “HIT.” The NBI clearance system flags name matches to any derogatory record (e.g., court cases, prosecutor complaints, warrants, watchlists), regardless of outcome.
A dismissal or acquittal should not bar you from getting a clearance. You may just need to present proof of disposition (e.g., Order of Dismissal and Certificate of Finality) so the NBI can annotate your file and release the clearance.
There is no true “expungement” system in the Philippines. Records are generally retained for law-enforcement purposes, though they can be tagged as cleared.
Prosecutor-level dismissals can also cause a HIT. Even if a case never reached court, complaints resolved at the prosecutor’s office may appear in shared databases and lead to name hits.

What is an NBI “HIT”?

When you apply for an NBI clearance, your personal details are checked against centralized derogatory databases. If your name (or an alias, or a same-name) matches any entry, the system returns a HIT. A HIT doesn’t mean you’re disqualified—it only means the NBI must manually verify whether the record pertains to you and what its outcome was.

Common sources that trigger a HIT:

Court dockets (criminal and sometimes civil cases with criminal aspects like contempt)
Prosecution records (resolved or pending complaints at city/provincial prosecutor’s offices)
Police/NBI investigative records, arrest warrants, or watchlists
Alias/AKA entries or same-name matches (e.g., same full name and birth year)

How dismissed, acquitted, and “discharged” cases are treated

1) Dismissed case (trial court)

An Order of Dismissal generally ends the case; any issued warrants are recalled.
The database entry may remain historically, so future NBI checks can still HIT until annotated.
What you’ll need: Certified true copy of the Order of Dismissal and, ideally, a Certificate of Finality (showing the dismissal is final and executory).

2) Acquittal

Similar to dismissal: the case should not block your clearance, but may still HIT due to the historical record.
What you’ll need: Certified Judgment of Acquittal and Certificate of Finality.

3) Prosecutor-level dismissal (no case filed in court)

If the prosecutor dismissed the complaint (e.g., Resolution to Dismiss), there is no court case—but the entry can still cause a HIT if shared to the NBI.
What you’ll need: Certified copy of the Prosecutor’s Resolution dismissing the complaint (and any Notice of Finality if available).

4) Provisional dismissal/archived cases

Provisional dismissal or archiving (e.g., accused at large) can still appear as pending/active until formally terminated or revived.
What you’ll need: Proof of the current status; if later dismissed, bring the final order and Certificate of Finality.

5) “Discharged” as a state witness

Under the Rules of Criminal Procedure, an accused can be discharged to become a state witness, which dismisses the case against that accused.
The entry may still cause a HIT unless properly annotated.
What you’ll need: The Order of Discharge and any finality certification.

6) Civil cases and administrative matters

Purely civil cases generally shouldn’t produce derogatory hits, but quasi-criminal/administrative matters or civil cases with criminal incidents sometimes do, depending on how agencies share data.

Will the dismissal ever “disappear”?

The Philippines does not have a broad, U.S.-style expungement/sealing regime.
Agencies tend to retain case-index entries for public safety and law-enforcement purposes, but the disposition (dismissed/acquitted) is (or should be) attached.
Practically, the NBI will annotate your record as cleared once it verifies the favorable disposition. Future clearances may still HIT due to same-name matches, but release is typically faster after initial annotation.

What appears on the printed NBI clearance?

If your name HITs but is verified clean (dismissed/acquitted/not you), the NBI usually releases a normal clearance—no adverse “remarks” box.
In rare cases, for special purposes (e.g., immigration/embassy requests), the NBI may ask for additional verification before printing. Bring your documents.

Documents you should keep (and present to the NBI if HIT)

Court-level
- Order/Judgment (e.g., Order of Dismissal, Judgment of Acquittal)
- Certificate of Finality
- Entry of Judgment (if applicable)
- Order recalling warrants (if any were issued)
Prosecutor-level
- Resolution dismissing the complaint
- Notice of Finality or Certification that resolution is final
Other helpful IDs and papers
- Government IDs (with consistent name, birthday, birthplace)
- Affidavit of One and the Same Person (if spelling variants exist)
- PSA records supporting name/birthdate corrections or legal name change

Tip: Carry clear photocopies and at least one certified true copy of each dispositive document.

Step-by-step: What to do if you get a HIT

Return on the date indicated (or the same day if instructed) and proceed to the NBI Quality Control/Verification window.
Ask what specific record triggered the HIT (court, prosecutor, police/NBI).
Present your documents (Order of Dismissal/Acquittal, Certificate of Finality, Prosecutor’s Resolution, etc.).
Request annotation of the favorable disposition and release of your clearance.
Keep your documents. For future renewals, bring the same set—it usually speeds things up.

Special scenarios and practical tips

Same-name/sound-alike problems. If your name is common, consider adding middle name, suffix, and ensuring exact birthdate to reduce false matches.
Name variations/typos. If old records contain misspellings, prepare an Affidavit of Discrepancy and supporting civil registry documents.
Multiple jurisdictions. If you had cases in different courts (or complaints in various prosecutor’s offices), gather dispositions from each, as the NBI may reflect multiple hits.
Foreign travel or immigration. Embassies often accept a regular NBI clearance once released. If the embassy queries, show your court/prosecutor documents.
Employer verification. Most employers only require the printed NBI clearance. Retain your paperwork in case HR asks for proof of disposition.
Data Privacy rights. You may request the NBI to correct/complete your record (e.g., add the dismissal annotation) and can file a follow-up or complaint with the relevant data protection authority if inaccuracies persist.
Warrants. A pending warrant of arrest will block release until resolved. If you believe the case was dismissed but the warrant hasn’t been recalled in the database, secure a certified recall order from the court.

Frequently Asked Questions

Q1: My case was dismissed years ago. Why do I still get a HIT? Because the database retains the index of the case; the NBI needs to verify the disposition each time or rely on a prior annotation. Once properly annotated, future releases are usually faster.

Q2: The prosecutor dismissed the complaint—no court case was filed. Will it show? It can, depending on data sharing and how the complaint was encoded. Prepare the Prosecutor’s Resolution and any finality proof.

Q3: Can I force the NBI to delete the record entirely? Generally no. Philippine practice emphasizes retention for law-enforcement purposes. You can, however, insist that the accurate final disposition be reflected and your file tagged as cleared.

Q4: My clearance shows “HIT—For verification.” Does that mean I failed? No. It only means manual verification is needed before release.

Q5: What if I lost my court papers? Request certified copies from the court (or prosecutor’s office) that handled the case:

Case title/number, your full name, and approximate dates help staff locate the file.
Ask for Order/Judgment and a Certificate of Finality.

Q6: I was “discharged as a state witness.” Will I still hit? Possibly. Bring the Order of Discharge and any finality/entry so the NBI can annotate and release.

Q7: My name legally changed. Should I re-apply with the new name? Yes—use your current legal name and present proof of the name change (court order or PSA-updated records). Consider bringing documents linked to your former name(s) to address legacy entries.

Practical checklist for applicants with prior cases

Government ID(s) with consistent details
Court Order/Judgment (dismissal/acquittal) or Prosecutor’s Resolution
Certificate of Finality (and Entry of Judgment, if available)
Order recalling warrant (if one ever issued)
Affidavit of Discrepancy + PSA records (if name/date issues exist)
Photocopies + one certified set
Patience for Quality Control verification and annotation

Legal framework (plain-English guide)

Criminal Procedure: Dismissals, acquittals, provisional dismissals, and discharge as state witness are addressed under the Rules of Criminal Procedure.
NBI’s mandate: The National Bureau of Investigation maintains derogatory records and issues clearances for employment, licensing, and travel under its modernization statute and implementing rules.
Data privacy: The Data Privacy Act of 2012 recognizes your right to correct or complete personal data, subject to law-enforcement exemptions. In practice, this means you can ask the NBI to reflect accurate dispositions and escalate if errors persist.

Bottom line

A dismissed, acquitted, or discharged case may still appear as a HIT on your NBI check, but with the right documents you should receive your clearance. Keep certified copies of your disposition papers and finality certificates, present them to NBI Quality Control, and request annotation so future clearances are smoother. If inaccuracies persist, invoke your correction rights and pursue follow-up with the relevant offices.