Clean Slate Draft

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _________
Introduced by 4Ps Partylist Representative

JC M. ABALOS
AN ACT ALLOWING THE

EXPUNGEMENT OF CRIMINAL RECORDS OF QUALIFIED INDIVIDUALS IN
GOVERNMENT DATABASES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
SECTION 1. Short Title. – This Act shall be otherwise known as the “Clean Slate Act”
SEC. 2. Declaration of Policy. – (Constitution Sec. 10 & 11, Art. XIII Sec. 1 & 2)
SEC. 3. Definition of Terms. – As used in this Act, the following terms shall mean:
a. Expungement refers to the sealing of a criminal record which renders it inaccessible to
the general public. Though generally inaccessible to the public, the criminal record still
remains extant in one's records and may still be accessed by authorized entities and
individuals, such as: courts, government and law enforcement agencies, and certain
public officials, insurance companies, employment which necessarily and reasonably
entails the use of weapons and/or firearms such as but not limited to security agencies,
and employment in the Philippine National Police, the Armed Forces of the Philippines,
the National Bureau of Investigation, and the attached agencies of the foregoing,
employment, and positions which necessarily entail the custody, disbursement, and/or
management of finances, including but not limited to, cashier, treasurer, accountant, and
manager. Incase the individual whose criminal record was expunged fails to abide by the
provisions of this act, it may be reopened and made accessible to the general public once
again.
b. Eligible Individual refers to a person who is qualified to avail of the provisions of this
Act, subject to meeting the specific criteria outlined in Section 4 hereof. Eligibility does
not ipso facto expunge one’s criminal records. The expungement of one’s criminal
records is not a matter of right, but a mere privilege. The privilege of having an
individual's criminal records expunged depends on the severity of one’s criminal case;
and the potential of the such individual to be reintegrated as a peaceful and productive
member of society. This matter shall ultimately be decided by the court as prescribed
under section 5 hereof.
c. Waiting period refers to the prescribed duration of time an eligible individual who has
successfully afforded the expungement of his criminal record has to wait before his/her
criminal record shall be sealed from the general public. During, and after this waiting
period, such individuals must not be convicted again of any criminal offense to avail of
the benefits of this act. The waiting period shall be for one (1) year, and shall commence
the day after the court rules favorably towards the eligible individual’s motion to have his
record expunged.
Section 4. Eligibility Requirements. An individual is qualified to have his or her criminal

records expunged if the following criteria are met:
a. Must not be a sex offender.
b. Must not have been convicted of an offense related to treason, terrorism, or other national
security related offenses.
c. Must not have been convicted of any physically violent offense.
d. Must not have been convicted of piracy and mutiny on the high seas or in the Philippine
waters.
e. Must not have been convicted of bribery.
f. Must not have been convicted of graft and corruption.
g. Must not have been convicted of kidnapping and illegal detention.
h. Must not have been convicted of importation, distribution, manufacturing, and sale of
illegal drugs.
i. Can be either of the following:
i. has been charged but not convicted of any criminal offense.
ii. has been convicted of a criminal offense and has fulfilled all requirements
specified by the imposed penalty. The individual must also have
maintained a clean record for a period of one year after completing their
sentence or probationary period to be considered eligible under this
provision.
j. Must not recidivist, quasi-recidivist, and habitual delinquent, or otherwise must
not have any prior criminal conviction.
SEC. 5 Filing for the expungement of criminal records. An eligible individual convicted of a
crime must apply for the expungement of his or her criminal record within a reasonable time
after notice of judgment as may be determined by the court. Such filing must be done by the
eligible individual in the court where his or her criminal case was initially filed.
In case the court finds that the eligible individual can already be reintegrated as a peaceful and
productive member of society, and rules in favor to expunge the criminal record, such individual
must wait for one (1) year before it becomes inaccessible to the general public. This waiting
period shall commence the day after the court rules to expunge the criminal record of the eligible
individual. During, and after this waiting period, such individual must not be convicted again of
any criminal offense, otherwise his or her motion shall be automatically withdrawn. Also, such
individual shall be perpetually disqualified from availing the remedy of expungement under this
act, and his or her criminal records shall permanently be reopened to the general public.
For those individuals who have been acquitted or have received a judgment that did not result in
a conviction, the criminal record, specifically any portion thereof that is related to the crime,
shall be automatically expunged within a period of (60) days.
SEC. 6 Expungement of Criminal Records. Upon the expungement of a criminal record, an

individual is lawfully entitled to declare that he or she possesses no criminal record. Unless:
a. Inquired into during court proceedings
b. Government and law enforcement agencies, and public officials in the performance of
their official functions
c. Insurance companies
d. Employment that reasonably and necessarily entails the use of weapons and/or firearms;
e. Employment, and positions that reasonably and necessarily entails the custody,
disbursement, and/or management of property and finances.
The expunged record of an individual under this act shall be permanently unsealed and once
again be made accessible to the general public in case he or she subsequently becomes convicted
of any crime.
SEC 7. Access to Expunged Criminal Records. This Act authorizes access to expunged
criminal records of eligible individuals only under the following circumstances:
a. The individual is testifying in court;
b. The individual is being questioned by a law enforcement officer, and/or public officer in
the performance of his/her official functions and duties
c. The individual is running for an elected government position or is an appointed officer;
d. The individual is seeking employment that primarily entails the custody, management, or
disbursement of finances
e. The individual is seeking to obtain a firearms license;
f. The individual is seeking to avail insurance.
SEC. 8 Creation of National Database for Criminal Records. The Philippine National Police
(PNP) and the National Bureau of Investigation (NBI) shall integrate their respective criminal
records for efficient expungement of criminal records of eligible individuals. This integration
shall facilitate the prompt and accurate identification of individuals who meet the eligibility
requirements for expunging of their criminal records, as well as provide a comprehensive
database of criminal records for law enforcement and other authorized entities.
SEC 9. Retroactivity. Qualified individuals with already existing criminal records prior to the
effectivity of this act, may still avail of expungement, by applying to the court where the criminal
case was initially filed, within 2 years after effectivity of this act.
SEC. 10 Implementing Rules and Regulations. – The National Privacy Commission, The
Department of Justice, and The Department of Interior and Local Government shall formulate
and issue the implementing rules and regulations within sixty (60) days from the effectivity of
this Act.
SEC. 11 Separability Clause. - If, for any reason, any provision of these act is declared
unconstitutional or contrary to law, the other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.
SEC. 12 Effectivity. – This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.
Approved,

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Republic of the Philippines

HOUSE BILL NO. _________

Introduced by 4Ps Partylist Representative

AN ACT ALLOWING THE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

Section 4. Eligibility Requirements. An individual is qualified to have his or her criminal

SEC. 6 Expungement of Criminal Records. Upon the expungement of a criminal record, an

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