Criminal Record Verification in the Philippines

A comprehensive legal-practice guide (updated to April 2025)

1. What counts as a “criminal record” in Philippine law?

Source of record	What it contains	Governing legal basis
National Bureau of Investigation (NBI) “Clearance” database	All convictions and pending criminal complaints that have reached prosecutorial filing or court docketing anywhere in the country, plus derogatory records from Interpol, the Bureau of Immigration, and select government agencies.	NBI Charter (R.A. 10867, 2016) §§4(k), 5(b) & (j); DOJ Department Circular 11-2021
Philippine National Police (PNP) Crime Information, Reporting and Analysis System – CIRAS (accessed through a Police Clearance Certificate)	Arrest-booking data, blotter entries, warrants, and convictions transmitted by trial courts to the PNP Directorate for Investigation & Detective Management (DIDM).	P.D. 421 (1974); R.A. 6975 (DILG Act) §35; NAPOLCOM Res. 2018-245
Court records (Regional/Municipal Trial Courts, Sandiganbayan, Court of Appeals, Supreme Court)	Dispositive portions of judgments, minute resolutions, and docket information.	Rules of Court, A.M. No. 01-7-01-SC (Rule on FOI in the Judiciary)
Barangay Blotter & Barangay Clearance	Community-level complaints, amicable settlement data, and certification of good moral character.	Local Government Code (R.A. 7160) ch. VII; Lupong Tagapamayapa rules
Bureau of Immigration Watchlist & Hold-Departure Lists	Orders of deportation, blacklist orders, and pending criminal cases involving foreign nationals.	Commonwealth Act 613; BI Ops Order JHM-2015-019

Key point: No single Philippine office issues a literal “criminal record.” Instead, verification is done by securing clearances from several repositories, with the NBI Clearance regarded domestically and internationally as the gold standard for whole-of-country checking.

2. Primary agencies and the clearances they issue

Clearance	Typical purpose	Validity	2025 fee (PhP)	How to obtain
NBI Multi-Purpose Clearance	Local employment, firearms license, bank compliance, visa/immigration	1 year from issue date	155 (plus ₱25 e-payment service charge)	Online registration ➔ pick appointment ➔ pay via e-wallet/bank ➔ photo & biometrics capture at NBI e-clearance center ➔ release (same day if “No Hit”)
NBI Clearance for “Record-Purposes” / “Travel Abroad”	Adoption, migration, embassy visa packets, Hague Apostille	Same	155 (plus ₱200 DFA Apostille if needed)	Same as above, then Apostille at DFA-OCA
PNP National Police Clearance (NPCS)	LGU permits, job applications where NBI slots are scarce	6 months	150	Book online (PNP Clearance portal) ➔ pay ➔ biometrics at police station ➔ clearance printed with QR code
Barangay Clearance	Walk-in jobs, tenancy, community-level IDs	LGU-set (often 6 mos.)	50–100	Visit barangay hall, present cedula & IDs, pay fee
Court Certificate of Finality / Certified True Copy of Judgment	Proving no conviction in a particular case or showing a conviction has been satisfied	Permanent	₱50/page plus ₱25 certification fee	File request with Clerk of Court; requires case number

3. Procedural flow for a standard nationwide verification

Name search – Employer or requester asks the applicant to supply full legal name plus known aliases pursuant to the Data Privacy Act of 2012 (R.A. 10173) consent rules.
NBI clearance – Applicant books online; “HIT” status triggers Quality Control and Verification at NBI Headquarters (adds 5–15 working days).
Police clearance – Captures blotter/warrant data that may lag in NBI.
Barangay & court checks – Used when a “HIT” persists to confirm whether the case was dismissed, archived, or resulted in acquittal.
Authentication (if for overseas use) – DFA apostillises the NBI certificate; certain jurisdictions (e.g., Canada, UAE) still require embassy legalisation.
Storage & disposal – The verifier must retain documents only as long as necessary under NPC Circular 2022-03 & NPC Advisory 2023-01 (implements Data-minimization principle).

4. Legal and regulatory framework

Instrument	Relevance
R.A. 10867 (NBI Reorganization and Modernization Act)	Gives NBI authority to maintain a centralised criminal history and to issue clearances.
R.A. 10173 (Data Privacy Act) + NPC IRR	Requires lawful basis (usually consent or legitimate interest) for processing an individual’s criminal-history data; gives data subjects rights to access, correction, and erasure of erroneous “HIT” entries.
R.A. 11964 (E-Gov Act of 2023)	Directs all clearances to be integrated into the e-Gov Super App; pilot roll-out for NBI and PNP modules started Q4 2024.
Supreme Court A.M. No. 21-06-08-SC (2021) – “Rules on the Use of Body-Worn Cameras in the Execution of Warrants”	Mandates immediate uploading of arrest-video which feeds warrant execution data to the PNP’s e-warrant database, later consumed by NPCS searches.
Anti-Age Discrimination in Employment Act (R.A. 10911) & JobStart Act (R.A. 10869)	Make it unlawful for employers to require clearances before an applicant is evaluated, except when a criminal record is an inherent occupational qualification.
Civil Service Commission MC 13-2017	Bars government agencies from demanding an NBI clearance at application stage; it may only be required prior to appointment.

5. Cross-border & specialised verification pathways

Sector	Additional steps
OFW deployment (POEA/E-REG):	NBI Clearance uploaded to e-Reg → POEA verifies through an API to NBI; “fit-to-work” medical clinics likewise query a real-time endpoint.
Adoption (RA 11642, Nat’l Authority for Child Care)	Prospective parents submit “NBI for Adoption Purposes” + PNP Clearance; foreign adopters also submit FBI or home-state equivalent.
Firearms licensing (PNP-FEO)	Must show both a fresh NBI clearance and an AFP/PNP Intelligence Clearance.
Foreign nationals applying for 13g/13a visas	Submit their own country’s police certificate + a Philippine NBI Clearance if they have lived ≥ 6 months in the PH.
Gambling & fintech key-person vetting (PAGCOR, BSP, SEC)	Agencies run parallel checks by requiring an NBI “Multi-Purpose” plus a sworn “No Pending Case” affidavit; BSP circulars also reference the Anti-Money Laundering Council (AMLC) database.

6. Common pitfalls & practitioner tips

Pitfall	Mitigation
“False Positive HIT” – Same-name, different person.	Submit Quick Clearance Appeal at NBI QC Unit with birth certificate & government IDs; resolution usually in 72 hours.
Court-dismissed case still flagged	File Motion for Entry of Dismissal in Book of Judgments so clerk transmits certified order to NBI & PNP.
Expired clearance used abroad	Remind clients many embassies require certificates dated ≤ 6 months at time of filing even though NBI validity is one year.
Employer keeps photocopies indefinitely	Cite NPC Advisory 2023-01: once employment is confirmed, destroy or de-identify copies; retain only control number & expiry date.
Barangay captain refuses to issue clearance to “outsider boarder”	Invoke DILG Memorandum Circular 2019-116: barangay clearance cannot be refused if the applicant has resided ≥ 6 months and presents any proof of address.

7. Recent developments (as of April 2025)

Full cashless payment for NBI Clearances via Link.Biz, G-Cash, Maya, and over-the-counter banks (BSP Memorandum M-2024-004).
NBI Mobile ID 2.0—a QR-based digital clearance now accepted by 34 LGUs and 28 private banks (DOF Fintech Sandbox report, Jan 2025).
e-Warrant real-time feed added to the NPCS on 1 February 2025, cutting “Roger Warrants” (executed but unreturned) by 63 %.
DFA-OCA Apostille e-Sticker pilot: applicants choose “paperless apostille,” allowing digital download directly by foreign embassies.
NPC Draft Circular on Criminal Background Screening (public consultation closed 31 March 2025) proposes:
- a standard consent template;
- mandatory 30-day retention limit;
- fines ₱500 000–₱2 million for processing without lawful basis.

8. Best-practice checklist for lawyers & HR compliance officers

□ Secure written, informed consent citing Art. 3 (b) of the Data Privacy Act.
□ Schedule the NBI appointment early (two weeks buffer for hits).
□ Obtain Police Clearance if job is safety-sensitive or NBI appointment backlog persists.
□ For overseas use, apostille within three months of intended filing.
□ Verify QR codes or clearance control numbers online (NBI QR verifier, PNP CIRAS portal).
□ Store digital copies in encrypted, access-controlled vaults; set auto-delete.
□ Update internal policy annually to incorporate new NPC guidance.

9. Conclusion

In the Philippines, criminal-record verification is a multi-agency, clearance-based process shaped by modernisation drives toward e-governance and stringent data-privacy regulation. Legal practitioners must navigate overlapping repositories, validity periods, and evolving technology—while ensuring every step complies with the Data Privacy Act and sector-specific rules. Mastery of these nuances not only expedites client transactions but also shields organisations from privacy penalties and employment-law suits.