One of the most common and costly mistakes in international document applications is confusing the FBI background check with a state police background check — and, relatedly, confusing the Department of State apostille with a state Secretary of State apostille. These are different documents, issued by different authorities, with different scopes of coverage. Using the wrong one almost always results in rejection.
This guide explains what each document is, why they require different apostille sources, and which one your application actually needs.
The FBI Identity History Summary is a federal document issued by the FBI's Criminal Justice Information Services Division (CJIS). It compiles criminal history records submitted to the FBI by law enforcement agencies across all 50 states, US territories, and federal criminal justice agencies. The scope is nationwide: arrests, charges, and convictions reported to the FBI from any participating jurisdiction in the country appear on this document.
Because it is a federal government record, its authenticity for use abroad must be certified by a federal authority — the US Department of State.
State police background checks are issued by each state's law enforcement agency or bureau of investigation. The California DOJ issues California background checks; the New York Division of Criminal Justice Services issues New York checks. Each covers only that state's records — not crimes committed in other states, federal offenses handled outside that state's courts, or arrests in other jurisdictions.
Because they are state government records, their authenticity for use abroad is certified by the Secretary of State of the issuing state.
The Hague Apostille Convention assigns apostille authority based on the level of government that issued the document.
| Document | Issuing Authority | Apostille Authority |
|---|---|---|
| FBI Identity History Summary | Federal (FBI/CJIS) | US Department of State |
| State background check | State government | Secretary of State (that state) |
| Birth certificate | State or county | Secretary of State (that state) |
| Federal court documents | Federal government | US Department of State |
| State court documents | State government | Secretary of State (that state) |
Applicants take their FBI Identity History Summary to a state Secretary of State for apostille. The state Secretary either refuses (correctly, since they have no authority over federal documents) or issues a state apostille that foreign authorities reject as invalid. Either outcome forces the applicant to restart the process through the Department of State.
When a foreign government or consulate asks for an "apostilled FBI background check," they want the FBI Identity History Summary authenticated with a US Department of State apostille — both components together. A state background check with a state apostille will not satisfy this requirement, regardless of which state it comes from.
Many applications require both. An Italian jure sanguinis citizenship application filed through certain comuni may request the FBI apostille for federal-level history and a state criminal record apostille for state-level history from the applicant's state of residence. These are two separate documents serving different purposes. Neither substitutes for the other.
Foreign authorities ask for the FBI background check because it is more comprehensive than any state check. Someone who lived in five states over twenty years has five separate state criminal history records, each covering only one jurisdiction. The FBI document consolidates all of them into a single record covering the applicant's complete national history. For immigration, residency, and citizenship applications, the receiving country wants the full US criminal history — not just one state's records.
The FBI accepts requests by mail via fingerprint card (Form FD-258) or through an FBI-approved channeler — a private company authorized to submit fingerprint data electronically. FBI processing typically takes 2 to 4 weeks. After receiving the document, the applicant submits it to the US Department of State for apostille: 6 to 10 weeks standard, 3 to 5 weeks expedited.
Each state has its own process. Most accept requests by mail; some offer in-person or online options. After receiving the state document, the applicant submits it to that state's Secretary of State for apostille.
Most international applications for immigration, residency, citizenship, adoption, or employment abroad specify the FBI document. This is the standard requirement across most foreign governments and consulates when they need a US background check.
If your receiving authority has specified "FBI background check apostille" or "federal background check apostille," you need the FBI Identity History Summary with the Department of State apostille. A state check with a state apostille will not satisfy this requirement.
Some applications — particularly Italian jure sanguinis citizenship applications filed through certain comuni — request both the FBI apostille and a state criminal background check apostille. These are two separate documents with two separate apostille processes. Neither substitutes for the other.
We handle the FBI Identity History Summary request and the US Department of State apostille from start to finish. All-inclusive pricing, no hidden fees.
Start Your FBI Apostille Order