A case that was dismissed can still cause a HIT, because the NBI’s record isn’t updated automatically when a court or prosecutor closes a case. To clear it, you give the NBI certified copies of the document that ended the case and proof that it’s final. For a court case, that’s usually the dismissal order or decision plus a certificate of finality.
Which documents you need depends on how the case ended. An archived case, for example, isn’t dismissed at all. The table below covers each situation.
This is general information, not legal advice. We are not the NBI or a law firm. If a case might still be open, or you’re unsure what your documents mean, talk to a lawyer. If you can’t afford one, the Public Attorney’s Office (PAO) gives free legal help to those who qualify.
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Why a dismissed case still shows up
The NBI keeps records of criminal complaints and cases filed around the country. When a case is dismissed, the court or prosecutor doesn’t automatically send the outcome to the NBI. So the old record stays until you prove the case ended. That’s why the same old case can cause a HIT on your NBI clearance years later, and sometimes at every renewal.
Once the NBI has your documents and updates the record, your clearance can be released.
Which documents you need, by how the case ended
| How the case ended | Where to get the documents | What to bring the NBI |
|---|---|---|
| Dismissed by the court | The court that handled the case | Certified true copy of the order of dismissal and a certificate of finality |
| Acquitted after trial | The court that handled the case | Certified true copy of the decision and a certificate of finality or entry of judgment |
| Provisionally dismissed | The court that handled the case | Certified copy of the order, plus a certification that the case wasn’t revived within the deadline (see below) |
| Complaint dismissed by the prosecutor (never filed in court) | The city or provincial prosecutor’s office | Certified copy of the resolution dismissing the complaint and a certification that it’s final, with no motion for reconsideration or appeal pending |
| Complaint withdrawn or settled | The court or prosecutor’s office that handled it | The order or resolution dismissing it and proof that it’s final |
| A warrant still shows after the dismissal | The court that handled the case | Certified copy of the order recalling or lifting the warrant |
| Archived | — | Not a dismissal. The case is still pending and a warrant may be active, so see a lawyer before going back to the NBI |
| Convicted, including probation | The court that handled the case | The decision and, for probation, the order of final discharge. The record stays, so your clearance may carry a remark |
Provisional dismissals: when they become final
A provisional dismissal isn’t final right away, because the case can be revived. Under the Rules of Court, it becomes permanent if the case isn’t revived within:
- 1 year from the order, for offenses punishable by up to 6 years in prison or a fine
- 2 years from the order, for offenses punishable by more than 6 years
Until that period has passed, the NBI may treat the case as pending. Once it has, ask the court for a certification that the case wasn’t revived.
Archived cases are not dismissed
Courts archive a criminal case when it can’t move forward, usually because the accused hasn’t been arrested. The warrant stays in force, and the case can be revived any time. If the NBI tells you your case is archived, don’t treat it as closed. Get legal advice about resolving the case first.
How to clear the HIT, step by step
Step 1 — Get the case details from the NBI
When you’re told the record is yours, ask for the case number, the nature of the case and the court or prosecutor’s office that handled it. Write it all down. If you already know the case, bring your own copies of any orders you received back then.
Step 2 — Work out how the case ended
Use the table above. If you’re not sure whether a case was dismissed, provisionally dismissed or archived, the clerk of court can tell you from the case record.
Step 3 — Request certified copies
Go to the office that handled the case: the branch clerk of court for a court case, or the records section of the prosecutor’s office for a complaint. Bring a valid ID and the case number. Ask for certified true copies, not plain photocopies, and pay the small certification fee. They can take a few days to prepare, especially for old cases stored in archives.
Step 4 — Submit them to the NBI
Bring the certified copies to the NBI branch on your return date, or whenever staff tell you to, and keep a set of photocopies for yourself. Staff will check them at the verification or quality control interview stage. They’ll tell you if the documents have to go to the NBI’s main clearance office in Manila.
Step 5 — Wait for the update and claim your clearance
The NBI has to verify your documents and update the record, which can take from a few days to a few weeks. You’ll be given a new date to come back. When you get the clearance, check the remarks printed on it before you leave.
What your clearance will say afterwards
If the NBI accepts that the case is closed, you may still see a remark other than “No Record on File”, such as “No Pending Case” or “Record as Stated”. For a local job, that’s usually fine. For immigration, it often isn’t enough on its own.
If you need the clearance for a visa, ask the NBI for a written explanation of the record, and keep your certified court or prosecutor documents together with the clearance. Some immigration offices ask for all three.
If the case isn’t yours at all
If the record belongs to someone else with your name, you don’t need court documents. The NBI may simply confirm your details at your return visit, or ask you to sign an affidavit of denial, a sworn statement that you aren’t the person in the record.
Tips so it doesn’t happen again
- Keep a clearance folder with your certified copies, and bring it to every NBI application.
- Ask for extra certified copies while you’re at the court or prosecutor’s office. It saves a second trip later.
- Apply early, at least three weeks before you need the clearance, in case the record matches again.
- Check for other lingering records, such as a warrant that was never recalled, and deal with them at the court.
FAQs: NBI HIT on a dismissed case
Because the NBI’s record isn’t updated automatically when a case is dismissed. It changes only when you show the NBI certified proof that the case ended.
No. An archived case is still pending, usually because the accused wasn’t arrested, and the warrant stays in force. It needs to be resolved in court.
Not always. You can request certified copies from the court or prosecutor yourself. If the case might still be open, or there may be a warrant, get legal advice. PAO helps those who qualify for free.
Anywhere from a few days to a few weeks, depending on whether the NBI has to verify the documents with the court or send them to its main office.
Hopefully not, once the NBI updates your record. But a HIT can recur, so keep your certified copies and bring them to every application.
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