Will a Dismissed or Discharged Case Appear on NBI Clearance? (Philippines)

Executive summary

Yes, it can still trigger a “HIT.” Even if a case was dismissed, archived then later dismissed, withdrawn at inquest/pre-trial, or an accused was discharged (e.g., as a state witness), your NBI name check may still flag a record until the NBI’s database is updated.
It won’t say you’re guilty. A HIT simply means your name matches a record that needs manual verification.
You can clear it. Bring proof (e.g., Order of Dismissal and Certificate of Finality) so NBI can annotate/close the record and reissue a “No Record on File” clearance.
There is no Philippine “expungement” law that automatically erases court/prosecutor entries after dismissal; you rely on database updates and your rights to correction and erasure under the Data Privacy Act (balanced against law-enforcement needs).

What the NBI clearance actually shows

An NBI clearance is a name-based criminal record check drawn from:

Court records (trial and appellate courts)
Prosecutor’s offices (pending and resolved complaints)
Law-enforcement reports (e.g., warrants, watchlists)

The printed clearance typically shows either:

“No Record on File” (no match), or
A “HIT” (there’s a possible match requiring manual verification at the NBI center).

A HIT is not a conviction. It is a prompt for the NBI to verify whether the record pertains to you and what the case status is.

Why dismissed or discharged cases still appear

Database latency. Courts or prosecutors may have ended the case, but final orders and identifying details might not yet be fully transmitted or ingested.
Name collisions. The system is name-based; people with the same or similar names (especially without middle names/with variant spellings) can trigger a HIT.
Different meanings of “discharged.”
- Discharged as state witness (Rule 119): The case continues against co-accused; your status becomes a discharged witness—but historical entries can still cause a HIT until annotated.
- Case “discharged/dropped” by the prosecutor: If a complaint was dismissed at inquest or after preliminary investigation, a trace entry may remain until the NBI flags it as “dismissed.”
- Probation “discharge” ≠ dismissal. Completion of probation ends the sentence but does not nullify the conviction. A HIT can still appear reflecting the conviction—accurately—unless a court later sets aside the judgment.

Typical outcomes during a HIT verification

When you return to the NBI center for verification (or are asked to wait while they check):

If the case was dismissed/acquittal/favorably terminated: NBI annotates the case as “dismissed” or “no derogat” (no derogatory record), then reprints your clearance as “No Record on File,” or with an annotation acceptable to most employers/embassies.
If the case is pending: The clearance may reflect a pending case. You cannot force NBI to remove a truthful, active entry.
If the record matches someone else with your name: NBI will exclude it after validating identifiers (birthdate, parents’ names, biometrics), and reissue a clean clearance.

How to make a dismissed/discharged case stop appearing

A. Prepare documents

Bring originals (plus photocopies) of:

Order/Resolution of Dismissal (or Prosecutor’s Resolution dismissing the complaint)
Certificate of Finality (from the court clerk, if dismissal is by court)
Certification from the Prosecutor’s Office confirming dismissal (if applicable)
Valid IDs (consistent name, birthdate, middle name)
Affidavit of One and the Same Person if you have name variants (e.g., hyphenated, maiden/married, missing middle name)

Tip: If the dismissal is recent, request the court/prosecutor to indicate case number, full name, birthdate, and aliases to help the NBI match the record.

B. Visit the NBI (Quality Control/Records)

Proceed to the Quality Control/Records or the window indicated after a HIT.
Present your documents and request annotation/update of your record.
Once annotated, ask for reprinting of your clearance.

C. If records are incomplete

Secure the needed certified true copies and finality from the court/prosecutor, then return for annotation.
Where the case was only provisionally dismissed (e.g., Rule 117 §8), confirm whether it later became permanently dismissed; otherwise, a case can be revived and may continue to appear.

Special scenarios and their effect on NBI clearance

Scenario	Will it appear?	What you can do
Case dismissed by prosecutor (no filing in court)	Often still causes a HIT until annotated	Bring the Prosecutor’s Dismissal; request annotation
Court dismissal with finality	May still cause a HIT until the database reflects it	Bring Order + Certificate of Finality
Acquittal	May HIT until annotated	Bring Judgment of Acquittal + Finality
Discharged as state witness	Can HIT because your name exists in case history	Bring Order of Discharge
Probation completed (“discharged from probation”)	The conviction remains; may appear	Only a post-conviction relief (e.g., appeal reversal) changes that
Civil case only	NBI focuses on criminal records, but mixed dockets and name hits can still appear	Provide proof it’s civil, not criminal
Warrant recalled/quashed	May HIT until update	Bring Order recalling/quashing the warrant
Duplicate/name-sake HIT	Yes—common	NBI will exclude after ID/biometric verification

Data Privacy and your rights

Under the Data Privacy Act (DPA), you have the rights to access, correction (rectification), and erasure of inaccurate, outdated, or unnecessary personal data. Because NBI is a law-enforcement body, it can keep accurate criminal justice information, but it should correct/annotate records promptly when you provide authoritative proof (e.g., dismissal with finality). Practical use: Frame your request as a rectification of outdated/inaccurate data and ask for annotation to prevent future false positives.

Timeframes, retention, and “expungement”

No automatic expungement: Philippine law does not provide a general expungement scheme that erases all traces of a dismissed case across agencies.
Retention: Agencies keep records according to their mandates; accuracy and proportionality are the guiding principles.
Clearing your name for future checks depends on the annotation step and consistent identity information.

NBI vs. Police Clearance

NBI clearance is national, aggregating data from multiple sources and more likely to detect historical entries.
Police clearance is local (from a specific city/municipality) and may not surface older or out-of-jurisdiction items. Many employers prefer NBI for this reason.

Practical tips to avoid recurring HITs

Use one consistent identity in all government IDs and applications (complete middle name; avoid nicknames).
Collect and keep certified copies of dismissal/finality orders; scan them for quick reprinting.
If you changed your name (marriage, court-approved change), consider an Affidavit of Discrepancy and update government IDs to minimize mismatches.
Re-check after big life events (e.g., before overseas deployment, immigration, or sensitive employment) so you have time to resolve any HIT.
If the HIT persists despite dismissal, make a written Request for Rectification/Annotation to NBI Records/Quality Control, attaching your documents.

Frequently asked questions (FAQ)

Q1: My case was dismissed years ago. Why did I still get a HIT? A: Likely database latency or a namesake match. Present your Order of Dismissal and Certificate of Finality for annotation; once updated, your clearance should reprint as No Record.

Q2: Do I need a Certificate of Finality? A: It’s the strongest proof that no appeal or reconsideration is pending. Many verifiers require it before annotating.

Q3: The prosecutor dismissed the complaint—no case number in court. What do I show? A: The Prosecutor’s Resolution explicitly dismissing/archiving/closing the complaint (preferably certified), plus your IDs.

Q4: Can NBI remove all traces of my dismissed case everywhere? A: NBI can annotate its own database. Other agencies (courts, prosecutors) retain their official records. There is no one-click erasure.

Q5: I completed probation; shouldn’t my NBI be clear? A: Completion of probation does not void the conviction. Only a reversal, acquittal, dismissal, or other post-conviction relief changes the underlying record.

Q6: I was a minor when the case happened. A: Records involving children in conflict with the law are treated with heightened confidentiality. If something surfaces, consult counsel and bring the disposition to NBI for proper handling and annotation.

Q7: Will embassies/employers see the word “dismissed” printed? A: After annotation, NBI typically reprints the clearance as “No Record on File.” Some institutions may request the supporting court/prosecutor documents in addition.

Checklist: what to bring to clear a HIT for a dismissed/discharged case

✅ Government ID(s) consistent with your name/birthdate
✅ Order/Resolution of Dismissal (certified true copy)
✅ Certificate of Finality (for court dismissals/acquittals)
✅ Prosecutor’s Certification of dismissal/declination (if applicable)
✅ Order recalling/quashing warrant (if any was issued)
✅ Affidavit of One and the Same Person (if you have name variants)

Model request (you can adapt and print)

Subject: Request for Annotation/Rectification of Dismissed Case – NBI Record To: NBI Records/Quality Control

I respectfully request the annotation/rectification of my NBI record to reflect the dismissal with finality of the case mistakenly associated with my name. Attached are certified copies of the Order of Dismissal and Certificate of Finality, together with my valid IDs.

Name: [Complete Name] Date of Birth: [MM/DD/YYYY] Purpose of Clearance: [e.g., employment/overseas]

Thank you for updating your records and reissuing my NBI clearance.

When to seek legal help

The HIT persists despite complete dismissal documents
The entry relates to a conviction you believe is void or subject to post-conviction remedies
There are identity theft concerns or misuse of your personal data

Bottom line

A dismissed or discharged case can still appear as a HIT on your NBI clearance until the NBI verifies and annotates its database. Bring clear documentary proof (dismissal order + finality), request annotation, and have your clearance reprinted. There’s no automatic expungement, but with the correct documents your NBI result should show “No Record on File.”