How to Apostille an FBI Background Check

An FBI background check is the one document in this area that New York cannot help you with, and people lose weeks discovering that.

It is a federal document. Federal documents are apostilled by the United States Department of State in Washington, not by any state authority. Sending it to Albany or to a New York county clerk achieves nothing.

Need a document apostilled?
We handle the whole chain: notarization, county clerk certification where required, the state filing, and secure return shipping. You never visit a government office. See our apostille service →

State documents against federal documents

The rule is simple once you see it. The apostille comes from whoever is responsible for the official who signed the document.

A birth certificate, a marriage certificate, a court record or a notarized private document is a state document, apostilled by that state. A document signed by a federal official is a federal document, apostilled by the U.S. Department of State.

The FBI Identity History Summary, which most people call an FBI background check, falls squarely in the second category. So do naturalization certificates and various other federal records.

Get this wrong and you do not receive a rejection letter explaining the distinction. You receive your envelope back, weeks later, with nothing done.

Getting the report itself

The report comes from the FBI, either directly or through an FBI approved channeler, and you can generally choose an electronic or a printed copy.

Fingerprints are usually part of it, and the mechanics differ between the direct route and a channeler. Channelers are typically faster and cost more.

What matters for apostille purposes is which format the receiving country will accept, and whether the version you obtain carries what the federal authorities need in order to authenticate it. Confirm that before ordering, because ordering the wrong format is the most common first mistake.

Why people need one

Almost always the same reasons: a work visa or residence permit abroad, teaching English overseas, a professional license in another country, adoption, or a long stay visa.

Each of those has its own recency requirement, and this is where planning matters more than anywhere else in the apostille world.

Recency is the thing to plan around

Countries very commonly refuse a background check older than a set window, frequently three or six months, and some count from the date the report was issued rather than the date it was apostilled.

So the sequence is: find out the receiving country’s recency rule first, then work backward through the apostille processing time, then order the report. Ordering the report early because you are organized is exactly how people end up doing it twice.

Where the country is not a Hague member

If the destination country is not party to the Hague Apostille Convention, an apostille is not what you need at all. The route is legalization, which typically means federal authentication followed by legalization at that country’s embassy or consulate.

Longer, more expensive, and entirely different paperwork. See how to tell which route applies.

Translations

Many destinations want the report translated, and as always the order of operations varies. Some want the apostille first and the translation after; others want them handled together.

Ask the receiving authority in writing. Where a translator’s certification needs notarizing, that is routine work, and no notary certifies that a translation is accurate.

What we can help with

To be straightforward: the FBI report itself, and its federal apostille, are outside what a New York notary service performs. We would rather tell you that than take your money and hand you a delay.

What we do handle is everything on the New York side of an overseas application, which is often the larger part of the file: notarized affidavits, powers of attorney, single status affidavits, diplomas and transcripts, and vital records, including the county clerk certification and the state apostille. See our apostille service.

If your file mixes federal and New York documents, and most do, run the two chains in parallel rather than in sequence. That single decision usually saves a month.

The state level police check is a different document

Worth separating, because the two get confused and they are not interchangeable.

Some countries ask for a state criminal history record rather than a federal one. In New York that comes from the state authority responsible for criminal history records, and because it is a state document it follows the New York apostille chain rather than the federal one.

So read the request carefully. If the receiving authority asked for a nationwide or federal check, a state record will not satisfy it, and the reverse is equally true. Applicants who guess frequently end up obtaining both, which is expensive but at least finishes the job.

If you have lived in several states

An FBI check is nationwide, which is usually why it is requested. But some countries ask instead for a police clearance from each place you have lived over a period of years.

That turns one errand into several, each with its own issuing office and its own apostille authority. Map it out before you order anything, and expect the oldest state to be the slowest.

Common reasons an apostilled report is refused

It was sent to a state authority instead of the federal one. It was too old by the time it was submitted. The wrong format was ordered, most often an electronic copy where a physical one with a specific signature was required. Or the translation was done in the wrong sequence.

None of those are exotic. All of them cost weeks, and all of them are avoided by asking the receiving authority three questions in writing before you begin: which document exactly, how recent must it be, and in what order do you want it apostilled and translated.

A realistic timeline

Work backward from your deadline rather than forward from today.

Allow time to obtain the report, which varies considerably between the direct route and an approved channeler. Allow federal apostille processing, which is measured in weeks rather than days and moves with demand. Allow shipping in both directions, and international postage on the way out. Allow translation if it is required. Then add a contingency, because roughly one file in five needs something redone.

If the country enforces a short recency window, the tightest constraint is the gap between issue and submission, not the total elapsed time. Start with that number and everything else arranges itself around it.

Keep a copy before you send it

Scan everything before it leaves your hands: the report, the apostille once attached, and any translation.

Documents do get lost in international post, and reconstructing a federal record with an apostille from nothing is a far worse afternoon than making a scan was. Use tracked shipping in both directions and keep the tracking numbers with the scans.

If the receiving authority keeps your original, which many do, that scan is the only record you will have of what was submitted and when.

Related reading

This is general information, not legal advice, and NotarEaseNYC is not a law firm and is not affiliated with the New York Department of State or any consulate. Apostille requirements, fees and processing times change. Always confirm current requirements with the issuing authority and with the country or institution receiving your document.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top
🌐 Translate