Will a Conviction Appear as a Derogatory Record in an NBI Clearance?

When applying for a National Bureau of Investigation (NBI) clearance in the Philippines, individuals may be concerned about whether a previous conviction will reflect as a derogatory record. The NBI clearance is a common requirement for employment, travel, and various legal purposes, as it serves as proof of the individual's criminal history or lack thereof.

A "derogatory record" refers to any adverse or negative information on an individual's criminal record. This could include pending cases, arrests, or convictions for any crimes. If a person has been convicted of a crime, that information will be part of their criminal record, which the NBI maintains. Therefore, when an individual with a conviction applies for an NBI clearance, the conviction will likely appear as a derogatory record.

What Information is Included in an NBI Clearance?

An NBI clearance contains information on any criminal cases filed against the applicant, whether they are still pending or have been resolved. Convictions, in particular, are considered resolved cases and will be reflected in the clearance. The NBI's database includes records from various courts and law enforcement agencies, ensuring that criminal history is accurately reported.

Can a Conviction Be Removed or Cleared?

In some cases, individuals may seek to have their criminal records expunged or cleared through legal processes such as pardon or executive clemency, which can be granted by the President of the Philippines. If granted, the individual’s conviction may no longer appear in future NBI clearances. However, without such legal relief, the conviction will remain on the record.

Implications of a Derogatory Record

The presence of a derogatory record, such as a conviction, can have significant consequences for the applicant. It may affect employment prospects, visa applications, or other legal transactions that require an NBI clearance. Certain employers, especially in fields like education, law enforcement, or finance, may be particularly sensitive to criminal convictions.

Conclusion

If a person has been convicted of a crime, it will appear as a derogatory record in their NBI clearance unless legal action is taken to expunge or clear their record. Understanding the implications of a derogatory record and exploring legal remedies can help individuals navigate the process of applying for an NBI clearance.