Dear Attorney,
I hope you are well. I would like to inquire whether it is possible to request a check of my NBI (National Bureau of Investigation) record. I have concerns about potential issues in my background that may affect my employment application. Is there a legal process I should follow to access this information? Can I directly approach the NBI, or are there specific requirements that I need to fulfill?
Looking forward to your guidance on this matter. Thank you.
- Concerned Job Applicant
Insights
In the Philippines, individuals can legally request their National Bureau of Investigation (NBI) record, commonly referred to as an NBI clearance, for various purposes, such as employment, travel, or other legal requirements. The NBI clearance system functions as a background check, verifying whether an individual has any record of involvement in criminal cases or investigations.
To obtain an NBI record, you can personally initiate the process either online or by visiting an NBI office. The NBI provides an online platform for submitting applications and setting appointments, making the procedure more accessible. Here’s an outline of the legal steps involved:
Application Process
You must visit the official NBI Clearance website and complete the registration process by providing personal information, such as full name, birthdate, and contact details. You will also be asked to choose the purpose of the NBI clearance (e.g., local employment, travel abroad, or visa application). After filling out the necessary information, you will receive a reference number, which serves as proof of your application.Payment of Fees
Once the application is complete, you will need to pay the required fee through authorized payment channels. The reference number provided during your online registration will be necessary for the payment. Keep the receipt as proof.Biometrics and Photograph
After paying the fee, you must schedule an appointment at the nearest NBI branch for biometrics and photograph capture. This is a crucial part of the process, as it verifies your identity. Ensure to bring a valid government-issued ID during your appointment for proper identification.Clearance Issuance
If there is no “hit,” meaning no criminal record or investigation is associated with your name, you can immediately receive your clearance. However, if there is a “hit,” further verification will be required, which may delay the issuance of your clearance. A “hit” can occur if your name matches someone else's who has a criminal record, or if there is an outstanding issue associated with your name.Legal Considerations
Under the Data Privacy Act of 2012, individuals have the right to access their personal data, including criminal records or clearances, as part of their legal right to privacy. As such, no third party may request your NBI record without your consent. You are entitled to obtain this information for personal or professional use, and it cannot be used against you unlawfully.Confidentiality and Record Accuracy
The NBI is responsible for ensuring the confidentiality and accuracy of its records. Should any discrepancy arise, you have the legal right to request a correction of your record. The NBI clearance process is highly regulated to protect individuals from wrongful accusations or errors in their criminal history.
In summary, it is entirely within your legal rights to request your NBI record for personal or employment-related purposes. By following the correct procedure and ensuring all required documents and payments are submitted, you can obtain your NBI clearance efficiently. If any issue arises, such as a “hit,” you may need to undergo a longer verification process, but it is essential to cooperate fully with NBI personnel during the procedure.
Be mindful of protecting your personal information throughout the process, as your NBI clearance is a sensitive document. Should you encounter difficulties, consult a lawyer who specializes in employment or criminal law to ensure that your rights are upheld.