Overview

An NBI Clearance is a government-issued document stating whether a person has a “derogatory record” in the National Bureau of Investigation’s databases. When an applicant’s name matches a record flagged in the system, the printout shows a “HIT.” A hit does not automatically mean the person is guilty of a crime; it signals the need for manual verification before the Clearance can be finalized.

This article explains when pending cases trigger an NBI hit, what “pending” means at various stages (from police complaint to court case), how verification works, what documents clear the record, and practical implications for employment, licensing, and visas. Philippine legal context is emphasized throughout.

What the NBI Checks

The NBI’s derogatory-record database aggregates information from, among others:

Courts (criminal informations, warrants, case status updates)
Prosecutors’ offices (case filings, resolutions)
Law-enforcement agencies (watchlists, arrest orders)

The NBI’s mandate to maintain and share investigative/criminal records flows from the NBI Reorganization and Modernization Act (R.A. 10867) and related issuances. Processing is also subject to the Data Privacy Act (R.A. 10173) and its principles of accuracy, proportionality, and data-subject rights.

What Counts as a “Pending Case”?

“Pending” can refer to several points on the criminal process timeline. Each stage has different chances of showing up as a hit:

Police Blotter / Initial Complaint Only
- A mere blotter entry or unfiled complaint may not be in NBI databases unless it has progressed into a formal investigation linked to a named suspect.
- Name-similarity hits can still occur if the system matches your name to someone else who does have a case.
Prosecutor’s Office (Inquest or Preliminary Investigation)
- Once a complaint is docketed with the prosecutor, there is a realistic possibility it will be reflected and trigger a hit, especially after a Resolution (to file or to dismiss) is issued.
Filed in Court (Information/Complaint Filed; Case Ongoing)
- A case pending in court (pre-trial, trial, appeal) commonly appears and almost always triggers a hit.
Warrant of Arrest Issued
- Active warrants are likely to appear and lead to a hit. The NBI will require proof that the warrant is recalled, lifted, or served and the case disposed before clearing.
Dismissed/Acquitted/Archived
- Even if a case is dismissed or archived, older records can still produce a hit until status updates are captured and verified. You clear this by presenting proof of disposition (see below).

Key point: A hit is about records, not guilt. The presumption of innocence remains unless and until a final conviction exists.

Typical Outcomes Seen on NBI Printouts

“No Record on File” / “No Derogatory Record” – No match found or a previous match has been verified and cleared.
“HIT” – A potential match exists. You must undergo Quality Control (QC) / Verification at NBI before release of the final clearance.
Remarks – After verification, the NBI may annotate the clearance (e.g., “Case Dismissed,” “Acquitted,” “For Verification,” etc.), depending on presented documents.

Will a Pending Case Appear?

At the Prosecutor Stage: It may appear. If the case has a docket and especially if a Resolution exists, expect a hit.
At the Court Stage: It usually appears and will be a hit until there’s a dismissal/acquittal/finality and the database is updated.
With a Warrant: It almost certainly appears and must be addressed before clearance is released.
Name-Sake Situations: You can get a hit even if you personally have no case due to same/similar names, maiden names, aliases, hyphenations, and diacritic/spacing differences.

What Happens After a “HIT”?

Interview/Verification: You’ll be directed to NBI QC/Legal for identity and record verification. Bring valid government ID and any case documents you have.
Document Review: The officer checks the matched record against your identity and any disposition papers (see next section). If it’s a namesake-only match, they annotate accordingly and clear you.
Clearance Release or Hold:
- If verified clear or the case is resolved and properly documented, the NBI issues the clearance (often with an appropriate remark).
- If a case is truly pending or a warrant is outstanding, release can be withheld or annotated until you submit proof of case status or final disposition.

Documents That Help Clear or Annotate Your Record

Bring originals and certified true copies when possible:

From the Court (if a case was filed):
- Certificate of Finality
- Entry of Judgment
- Order/Decision of Dismissal or Acquittal
- Order recalling/lifting a Warrant of Arrest
- Latest Minutes/Order showing case status (e.g., archived, provisionally dismissed)
From the Prosecutor’s Office (if no court filing or pre-filing stage):
- Resolution of Dismissal
- Certification of Case Status (stating dismissal, referral, or other status)
- Resolution to File Information (if moving to court; expect that it will still appear pending court disposition)
Identity Clarification for Namesake Cases:
- PSA-issued documents (birth/marriage certificate), IDs showing middle names, suffixes, aliases
- Affidavit of One and the Same Person (if helpful, though the NBI will rely most on official case records)

Practical tip: The most persuasive paper is the official court or prosecutor document that squarely states the status/disposition of the case.

How Long Do Updates Take?

Time frames vary by office and by how quickly status updates from courts/prosecutors propagate to the NBI. Even after dismissal or acquittal, a legacy hit can persist until the NBI ingests the update or you proactively present disposition papers during verification.

Special Situations

Civil and Administrative Cases: NBI clearance concerns criminal derogatory records. Purely civil suits (e.g., breach of contract) or administrative cases (e.g., office discipline) generally do not trigger NBI hits unless they are tied to a criminal prosecution.
Plea Bargains/Probation/Deferred Cases: If you pleaded to a lesser offense or are on probation, records can still appear until finality and compliance are recorded. Bring the court’s final order closing the case.
Expungement/Erasure: The Philippines has no broad expungement statute akin to other jurisdictions. Clearing typically means updating the record to reflect the accurate final status, not deleting history.
Data Accuracy & Privacy: Under the Data Privacy Act, you have the right to access and rectify inaccurate personal data. For erroneous entries (e.g., misspelled names, wrong birthdate), request correction at the NBI with supporting IDs and civil registry documents.
Married/Former Names, Aliases: Apply under the name you currently use and disclose former names/aliases to avoid mismatches later (especially for overseas applications).

Employment, Licensing, and Visa Implications

Presumption of Innocence: A pending case is not a conviction. Employers and agencies should treat an NBI hit as information requiring context, not proof of guilt.
Government Exams/PRC/Local Permits: Agencies may request disposition papers in addition to the NBI Clearance if a hit is annotated.
Overseas Employment/Immigration: Foreign embassies/immigration may scrutinize annotated hits. Present court/prosecutor documents that show dismissal, acquittal, or current status. Some posts ask for updated clearances after final disposition.

Step-by-Step: What to Do If You Expect a Hit

Before Applying:
- Gather case status documents (court or prosecutor).
- Prepare robust identity documents (with middle name/suffix).
Apply for NBI Clearance:
- Use your complete legal name. Disclose other names/aliases used in prior records.
If Marked “HIT”:
- Attend QC/Verification as instructed.
- Submit certified copies showing dismissal/acquittal/finality, or a current status certificate if the case is truly pending.
If It’s a Namesake:
- Demonstrate identity differences (birthdate, middle name, identifiers).
- Request appropriate annotation and clearance release.
If There Is an Active Warrant:
- Consult counsel immediately. Clearance is unlikely until the warrant is addressed and officially recalled.
Keep Copies:
- Save scanned copies of all filings, orders, and certificates for future renewals or overseas submissions.

Frequently Asked Questions

Does a pending prosecutor case always appear? Not always, but it can—especially once a Resolution exists or the matter is endorsed to court.

My case was dismissed years ago. Why am I still getting a hit? Legacy entries and delayed data updates occur. Bring your dismissal/Finality documents to QC so NBI can annotate and clear.

Can the NBI “delete” my old case? Generally, no. They will record the final disposition. The goal is accuracy, not erasure.

Is a police clearance enough to overcome an NBI hit? No. Police clearance is local and typically insufficient where a court/prosecutor record exists. Use court/prosecutor documents.

Will an NBI hit stop me from getting hired? Policies differ by employer. Provide context and disposition papers. A hit is not a conviction.

Do traffic or minor ordinance violations appear? Only if prosecuted criminally and entered in the systems that feed NBI’s database.

Practical Checklist

Government ID(s) with full name and birth details
Court Order/Decision (dismissal/acquittal/conviction)
Certificate of Finality / Entry of Judgment
Resolution of Dismissal or Case Status Certificate (from the prosecutor)
Order Recalling Warrant (if applicable)
PSA documents for identity consistency (birth/marriage certificates)
Copies (paper + digital) for future renewals

Bottom Line

A pending case—especially one filed in court or supported by a prosecutor’s resolution—will often cause an NBI HIT.
A hit is a flag for verification, not a finding of guilt.
You can usually obtain your clearance (often with an annotation) by presenting authoritative documents proving the accurate status or final disposition of the case.
For ongoing cases or active warrants, address the case through proper legal channels and keep official papers ready for NBI verification and for any employer, licensing body, or embassy that asks.