Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila MAY 29 2020 Atty. REY DANIEL N. GONZAGA Attorney ViLegal Division Parole and Probation Administration DOJ Agencies Bidg., NIA Road Diliman, Quezon City Dear Atty. Gonzaga: This refers to your request for guidance on whether the termination or completion of probation includes the expunging of the criminal records of the probationer, which will cause the deletion, extraction, cancellation of charges from the records of the Philippine National Police (PNP), National Bureau of Investigation (NBI), Prosecution Office, Court, Public Attorney's Office (PAO) and the barangay. You stated that the current position of the Parole and Probation Administration (PPA) is that termination or completion of probation will not expunge the criminal records of a probationer because this is not expressly provided for by law. Moreover, in at least two (2) subsequent decisions, the Supreme Court held that probation does not erase the effects and fact of conviction, but merely suspends the penalty imposed. However, some judges, prosecutors, private and public lawyers believe that termination or completion of probation will expunge the criminal records of a probationer. Hence, this query. The Secretary of Justice has always adhered to the policy that subordinate officials, instead of seeking the aid of this Department, may, on matters confronting them in the exercise of their official duties, as a matter of official courtesy and sound administrative practice, consult their chief or head of office who may competently resolve the issue without seeking assistance from another office. Nonetheless, since the subject matter of your query is of utmost importance to the implementation by the PPA, an attached agency of this Department, of the provisions of PD No. 968, as amended, this Department shall answer your query. * Secretary of Justice Opinions No. 4 and 34, s. 2012; No. 1, s. 2011; No. 4, s. 2010; No. 9 ‘and 12, s, 2008; No. 3 and 14, s. 2006,