Dear Attorney,

I would like to inquire about the process for checking a person’s criminal record. Specifically, I am interested in learning how to obtain such records through legal means in the Philippines. I want to make sure that I follow all legal protocols and respect privacy laws. Could you please provide guidance on the best approach for this?

Best regards,
Concerned Citizen

Insights

Accessing Criminal Records in the Philippines: A Comprehensive Guide

In the Philippines, accessing someone's criminal records involves navigating legal protocols while balancing privacy concerns. Criminal records are considered sensitive personal information under the Data Privacy Act of 2012 (Republic Act No. 10173), making the retrieval of such information subject to stringent guidelines. Here’s a comprehensive guide to understanding how criminal records are handled and accessed in the country:

What Are Criminal Records?

Criminal records in the Philippines refer to the official documentation of a person’s history of criminal charges, convictions, acquittals, and dismissals in any Philippine court. These records typically include:

The nature of the crime (e.g., theft, fraud, murder)
Case numbers and case status
Final disposition (conviction, acquittal, or dismissal)
Sentencing information, if applicable

These records are maintained primarily by government agencies such as the Philippine National Police (PNP), National Bureau of Investigation (NBI), and the courts where cases are heard.

Legal Framework for Accessing Criminal Records

There are several laws and regulations governing the access of criminal records in the Philippines, ensuring the protection of individual privacy while recognizing the need for such information in certain legal, employment, and personal contexts:

1. Data Privacy Act of 2012

The Data Privacy Act places criminal records under the category of sensitive personal information. This means that individuals or entities seeking to access or disclose such information must comply with the provisions of the Act, including obtaining consent from the person whose record is being requested, unless a specific exception applies. Violation of these privacy protections can lead to criminal liability.

2. NBI Clearance Process

A common and lawful way to check for an individual’s criminal record is through the NBI Clearance. This clearance is widely used in employment screenings, visa applications, and business transactions. An NBI Clearance verifies whether a person has a "derogatory record" or pending criminal cases in the country. The application for an NBI Clearance can be made by the individual themselves or, with consent, by a requesting party.

3. PNP Clearance

The Philippine National Police (PNP) also issues a police clearance certificate, which indicates whether the individual has any criminal record on file at the local or national level. Like the NBI clearance, this is generally used for employment purposes or to meet legal requirements.

Who Can Access Criminal Records?

In general, only a few entities and individuals are legally allowed to request and access someone else’s criminal records without their consent:

1. Government Agencies

Government agencies, particularly those involved in law enforcement or judicial functions (e.g., the police, courts, prosecutors), are permitted to access criminal records as part of their legal duties. For instance, if a person is involved in a criminal investigation or trial, law enforcement officials may retrieve and use that individual's criminal record as evidence.

2. Employers

Certain employers, particularly those in industries where security or trust is paramount, such as banking, law enforcement, and security services, may request an employee or job applicant to submit an NBI or PNP clearance as part of the hiring process. This is generally done with the consent of the individual concerned. It is unlawful for employers to access these records without consent.

3. Judicial or Administrative Authorities

Judges, prosecutors, or other legal authorities may access criminal records in relation to ongoing cases or investigations. For instance, in cases involving recidivism or habitual criminality, past convictions may influence sentencing decisions.

4. Individuals

A person has the right to request their own criminal record, typically through the NBI or PNP, to ensure that no false charges or criminal cases have been recorded in their name. This can be done through the standard clearance processes.

Instances Where Criminal Records May Be Publicly Accessible

There are certain circumstances where criminal records become public, most notably:

Court Decisions: Once a court case has been decided, the decision is generally public record. Court rulings, especially those from higher courts like the Supreme Court, are published in legal repositories and online databases. While the details of the case are made public, they are often sanitized to remove sensitive personal information.
Public Figures: In some cases, where the person involved is a public figure or the crime in question has garnered public attention, the criminal records or details of the case may become publicly known through media coverage. However, this does not automatically waive privacy protections for non-public figures.

Consequences of Misuse of Criminal Records

It is critical to follow legal procedures when attempting to access someone’s criminal records. Unauthorized access or disclosure of such records can lead to criminal and civil liabilities under the Data Privacy Act. The penalties can include imprisonment and substantial fines.

Violating someone’s privacy in the course of accessing their criminal record can also give rise to legal actions such as:

Civil suits for damages under the Data Privacy Act
Criminal prosecution for unauthorized access
Administrative complaints for violations of data privacy regulations

Requesting Criminal Records for Legal Purposes

If you are involved in a legal proceeding and need to access someone's criminal record as part of your defense or prosecution, it is essential to work with legal counsel who can navigate the court systems to obtain the necessary records lawfully. Courts may issue subpoenas to retrieve criminal records relevant to the case, but such records will only be disclosed under the strict supervision of the legal process to protect the rights of all parties involved.

Final Thoughts

In the Philippines, the balance between the right to access criminal records and the protection of individual privacy is carefully regulated. The most lawful and common method for determining someone’s criminal history is by requesting their NBI or PNP clearance, but this requires the individual’s consent or proper legal authority. Anyone attempting to access such records should consult legal professionals to avoid infringing privacy rights or violating Philippine laws.

For specific legal advice on accessing or managing criminal records, seeking guidance from a lawyer with expertise in data privacy, criminal law, and employment law is highly recommended.