The NBI maintains a centralized database of all reported criminal and civil cases within the jurisdiction of the Philippines. When an individual applies for clearance, their personal information is cross-checked against this database. If any record matches the applicant’s details, a “hit” is generated, prompting further verification to determine if the person is the same as the one involved in the record.
What Happens to Dismissed Cases?
A dismissed case is one where charges against an individual have been dropped or the court has ruled in their favor, leading to no conviction. However, the record of the case—including its dismissal—may still be retained in legal databases. Whether or not it appears on an NBI Clearance depends on the circumstances:
- If the Case Has Been Dismissed and Archived
Dismissed cases may still generate a “hit” on the NBI database. During clearance processing, the system flags the individual’s name for manual review. Once it is confirmed that the case was dismissed and did not result in a conviction, the clearance is typically issued with no derogatory remarks. - Expunged or Sealed Records
In rare cases where a dismissed case has been expunged (removed from official records) or sealed by the court, it will not appear on the NBI database. Expungement ensures that the individual’s record is clean and inaccessible to public or institutional checks, including Clearance issuance. - Cases with Finality from the Court
If the dismissal of a case has attained finality, it should no longer affect the applicant’s clearance status. Finality means no further appeals or motions can be filed regarding the case.
Steps to Update Clearance After Dismissal
To avoid potential complications, individuals with a history of dismissed cases can take proactive measures:
- Secure a Copy of the Court Decision
Obtain official documentation proving that the case has been dismissed. This can be presented to NBI officers if a “hit” occurs during the clearance process. - Verify the Status of the Case
Visit the court where the case was filed or contact the prosecutor’s office to confirm that the dismissal is final and properly recorded. - Clarify During the Clearance Process
If flagged, the applicant may need to clarify their case history at the NBI office. Presenting the dismissal documents expedites the manual review process and ensures an accurate clearance.
Does a Dismissed Case Disqualify You?
A dismissed case does not equate to a conviction and should not disqualify an individual from obtaining an NBI. However, it may cause delays during the verification process. The final issuance of clearance depends on the proper review and confirmation of the dismissal.
For individuals concerned about how their dismissed cases may affect their Clearance, consulting a legal professional or the NBI office directly can provide clarity. Remember, a dismissed case does not reflect guilt and should not hinder your ability to move forward.