Below is a general discussion of how dismissed criminal cases can affect an individual’s police clearance in the Philippines. While this overview aims to be comprehensive, please note that practices may vary slightly depending on the specific police station, local government unit, and the evolving interpretation or guidelines of relevant Philippine laws. If you need advice on a specific situation, it is best to consult a licensed Philippine attorney or directly verify with the issuing authority (PNP or local offices).

1. Overview of Police Clearance in the Philippines

A police clearance is an official document issued by the Philippine National Police (PNP) through its local or municipal stations. It certifies whether an individual has any criminal record or derogatory record within the jurisdiction of that station. Police clearances are commonly required for:

Local employment
Certain government applications or permits
Other administrative or legal transactions

Key Points About Police Clearance

Jurisdiction-Specific: A police clearance typically reflects records in the particular municipality’s or city’s police database. This is a narrower scope than the National Bureau of Investigation (NBI) clearance, which covers the whole country.
Validity and Expiry: Police clearances generally have a validity period (often six months), although some agencies may require a more recent clearance.
Accuracy of Records: A police clearance is only as accurate as the records forwarded or maintained by the relevant PNP station. Some local stations synchronize data with national headquarters, while others rely on their internal data management.

2. What Is a Dismissed Case?

A dismissed case refers to a criminal complaint or charge against a person that was subsequently found to lack merit, was not supported by sufficient evidence, or was dropped for other legal reasons. Dismissals can occur at various stages:

Prosecutor’s Office: The prosecutor might dismiss the complaint if they find no probable cause or insufficient evidence during preliminary investigation.
Court Proceedings: A judge might dismiss the case if evidence is weak, rules are violated (e.g., due process issues), or a settlement is reached under certain conditions, among other reasons.

When a case is dismissed, there is no conviction or final judgment of guilt against the accused. Thus, under Philippine law, a dismissed case should ordinarily not be considered a criminal conviction.

3. How Dismissed Cases Typically Affect Police Clearance

3.1 General Principle: No Criminal Record for Dismissed Cases

Because a dismissed case does not result in a criminal conviction, the individual should not ordinarily have a criminal record on file. Hence, if your case was dismissed, the ideal scenario is that:

No Derogatory Record is Indicated: The police clearance might simply say “No Criminal Record” or “Cleared.”
No Pending Case: Once a case is dismissed, there is no longer a pending charge—assuming the prosecutor or court fully closed the matter and no appeal or motion for reconsideration is outstanding.

3.2 Possibility of Having the Dismissed Case on File

Despite the general principle, practical issues may arise:

Local Record Discrepancies: The police station or prosecutor’s office might still reflect the existence of a dismissed case if their internal database has not been updated or if the person was recorded as having been charged at some point.
Incomplete or Delayed Updates: If the dismissal information has not yet been transmitted or uploaded to the database used by the PNP station, the clearance system might initially flag the individual as having a record. It may only be cleared upon the presentation of documentation showing that the case was dismissed.
Documentation Requirement: In some jurisdictions, to avoid any complications, individuals might be asked to present a court order, resolution of the prosecutor, or a certification of dismissal. This ensures the PNP’s records accurately reflect that the case is no longer active or pending.

4. Legal Framework and Relevant Provisions

Constitutional Presumption of Innocence
Under Article III, Section 14 of the 1987 Philippine Constitution, every person is presumed innocent until proven guilty. A dismissed case—by definition—implies that no final conviction was secured, so the person remains free from any criminal liability as far as that case is concerned.
Rules on Criminal Procedure
The Rules of Court, particularly on criminal procedure, set out how charges are dismissed or provisionally dismissed. Once a dismissal is final (i.e., no appeal or motion for reconsideration is timely filed), the legal effect is as if the person has not been convicted at all.
Data Privacy Act of 2012 (Republic Act No. 10173)
While the Data Privacy Act primarily governs the protection of personal data, it also requires government agencies, including law enforcement, to ensure that personal data are accurate and up to date. In principle, erroneous retention of a dismissed case could be contested and corrected under data privacy and accuracy standards.
PNP Circulars and Internal Guidelines
The PNP periodically releases circulars regarding the standardized format and validity of police clearances (for example, some stations have begun issuing multi-purpose clearances). These internal guidelines may also detail how to handle records that were previously flagged but have since been dismissed. The applicant can request the station to update or confirm the status with official documentation.

5. Actions to Take If a Dismissed Case Still Appears

If your dismissed case still appears in the police station’s record or if your clearance is flagged, here are some possible actions:

Secure Certified Copies of the Dismissal
- Obtain a certified true copy of the court’s dismissal order or prosecutor’s resolution (if dismissed during preliminary investigation).
- Present these official documents to the issuing police station. This helps them confirm that the case was dismissed and not just “pending” or “on file.”
Request Record Rectification
- The PNP station may have a process for rectifying or updating records. Submit a letter or complete any required forms to correct erroneous records.
- Under the Data Privacy Act, individuals have the right to request correction of inaccurate personal data.
Seek Counsel if Necessary
- If repeated attempts to correct the record fail, you may need to consult a lawyer.
- A legal professional can assist in filing formal requests or motions with the appropriate offices to remove or update wrongful or outdated information.

6. Distinguishing Between Police Clearance and NBI Clearance

Many Filipinos obtain both a Police Clearance and an NBI Clearance to satisfy various requirements. Key distinctions:

Scope:
- Police Clearance: Typically covers the jurisdiction (city or municipality) where it is issued.
- NBI Clearance: Maintains a centralized national database.
Updating Records:
- Police Clearance: Data may be updated at the local station; there is a chance that a dismissed case from another jurisdiction might not appear. Conversely, a local station might inadvertently keep old or un-updated records.
- NBI Clearance: The NBI’s database is intended to be nationwide, so it tends to show any record from across the Philippines. However, if the case was dismissed, an individual can present an NBI “No Derogatory Record” or a note stating “No criminal record” after updates are made.
Frequency of Requirement:
- Some employers or government agencies require both, to ensure thoroughness.
- If an individual wants a national-level check, the NBI Clearance is often preferred.

7. Practical Tips and Best Practices

Obtain and Keep All Relevant Dismissal Documents
- Always retain certified true copies of court resolutions, prosecutor’s dismissals, or certifications that show the matter was resolved in your favor.
Check Data Accuracy Proactively
- After a case is dismissed, it can be wise to apply for a new police clearance (or NBI clearance) to confirm that your record is clear. This proactively ensures no surprises in future applications.
Communicate Courteously with Authorities
- Police and court personnel handle numerous cases daily. An organized, courteous approach—bringing proper documents and letters—greatly speeds up corrections.
Use the Data Privacy Act When Needed
- If there is persistent refusal or failure to correct outdated or false information, you may consider the recourse available under the Data Privacy Act. This includes filing a complaint with the National Privacy Commission (NPC), though that is typically a last resort.

8. Conclusion

In the Philippine context, a dismissed criminal case should not result in a derogatory record or a notation of conviction on a police clearance. Once a case is officially dismissed, the person is treated as though there is no criminal liability. However, data entry, bureaucratic delays, and inconsistent record-keeping can sometimes cause a dismissed case to linger in databases. In such instances, securing and presenting the official documentation of dismissal is key to correcting the record.

Because the exact handling can vary from station to station, individuals should remain vigilant in ensuring that all law enforcement databases are updated with the most accurate information. When confusion arises, consulting a legal professional or directly addressing the matter with the police station (armed with the relevant court or prosecutor’s documents) is the most efficient way to maintain a clear police record.

Disclaimer: This article provides general information on Philippine law and practice regarding dismissed cases and police clearances. It does not constitute legal advice. For any particular issues or questions, please consult an attorney or verify requirements with your local PNP station or relevant government agency.