Background Check Apostille (State-Issued): What It Is, How It Differs from the FBI Report, and How We Get It Accepted Abroad

If you’re searching for background check apostille, there’s a crucial fork in the road you need to spot early: in the United States, a “background check” for international use is often a state-issued police or Department of Justice certificate, not the FBI Identity History Summary. Those are two different documents that travel through two different authorities. Mixing them up is the fastest way to earn a rejection from a consulate, university, or licensing board.

This guide explains the state track—what counts as a state background check, how it differs from the FBI report, when foreign authorities ask for it, what makes it apostillable, and how to avoid common pitfalls. We’ll keep the apostille “how-to” reasonably high level and focus on helping you choose the right document and get it accepted on first presentation. Throughout, you’ll see how Notary Public Center can coordinate the process—obtaining the correct state document, securing any required notarization, filing with the right state Secretary of State, and delivering the finished packet safely.

We are a Florida notary public team that handles multi-state document workflows. We don’t give legal advice; we execute your instructions with accuracy, security, and traceable logistics.

First, the big distinction: State background check ≠ FBI background check

State background check (the subject of this article)

• Who issues it? A state police agency, a state Department of Justice, a Department of Public Safety, or (in some cases) a city/county police department.

• Examples by state:
  FL – FDLE criminal history; CA – CA DOJ record letter; TX – Texas DPS criminal history; NJ – NJ State Police response; OH – BCI/BCI&I; PA – Pennsylvania State Police clearance; NY – often local “Good Conduct” letters + court certifications if requested.

• Where is the apostille issued? By the Secretary of State of the issuing state (e.g., Florida Department of State for FDLE records; California Secretary of State for CA DOJ letters).

• When is it requested? When the foreign authority asks for a state police or state DOJ certificate, or generically for a “police certificate from your state of residence.”

FBI background check (a different lane entirely)

• Who issues it? The Federal Bureau of Investigation as an Identity History Summary (IHS).

• Where is the apostille issued? By the U.S. Department of State (Office of Authentications) in Washington, D.C. Not by a state.

• When is it requested? When the instructions explicitly say FBI or “national/federal police” in the U.S. context—or when both state and federal checks are required.

Takeaway: The apostille authority follows the origin of the document. State document → state apostille. Federal document → federal apostille. There is no cross-pollination.

What counts as a state “background check” for apostille purposes?

A state background check is an official criminal history record or police clearance structured to be certified or notarized in a way that your state’s Secretary of State can apostille. You’ll typically see one of these:

1. State police / DOJ criminal history letter
   A centrally issued letter/report from the state authority. Some are fingerprint-based, others are name-based. The document usually bears an original signature/seal of an official whose signature is on file with the Secretary of State, or it comes with a companion notarization that your state will accept for apostille.

2. Local police “Letter of Good Conduct” or local record letter
   Issued by a city police department or county sheriff. To be apostilled at the state level, these letters usually must be notarized by a notary commissioned in the same state (unless the local signatory is recognized by the Secretary of State for direct authentication).

3. Court-certified records (sometimes in addition)
   If your checklist asks for certified dispositions or docket abstracts, those come from a Clerk of Court and follow their own certification rules. They’re not the same as a “police clearance” but are occasionally requested alongside one.

Pro tip: Mirror the exact words in your instructions. If the consulate names FDLE (Florida), CA DOJ, Texas DPS, NJ State Police, etc., get that exact document. If it names FBI, that’s the federal report, not a state one.

Why do foreign authorities ask for the state version?

• Jurisdictional relevance: They want the record held by the state where you lived, studied, or worked.

• Policy scope: Certain regulators (especially in education, childcare, and health) are scoped to state-level checks.

• Complement to federal: Some dossiers expect both a state lens and the federal lens (FBI).

It’s not a contest of “which is better.” It’s a matter of giving the recipient exactly what they asked for—with the apostille they legally recognize.

What makes a state background check apostillable?

Every state publishes its own rules, but the acceptance pattern is consistent:

• Correct origin & signatory: The document carries the original signature of a state official that the Secretary of State recognizes or it’s properly notarized by a notary commissioned in that state.

• Official seal/certification language: The format matches what the state accepts (raised seals, stamps, certification text, etc.).

• No uncertified photocopies: If a copy is necessary, it’s usually attached to a notarized custodian affidavit (again, notarized in the same state) or provided as a certified copy by the issuing office.

• Physical integrity: Do not remove staples, re-order pages, or flatten embossed seals. The binding of certified sets is part of their validity.

• Identity consistency: Your name (including hyphens/diacritics), date of birth, and other identifiers match across the document and any request forms.

• Recency: Many destinations require issuance within 60–90 days of submission.

Some states also require a county clerk authentication of the notary before the Secretary of State will issue the apostille. If that’s your state, it becomes an extra hop in the chain.

“National database” reports used by employers are not police certificates

Employment screening vendors sell “national criminal database” checks. They’re commercial compilations for HR use and not official police certificates. They are not apostillable and will not satisfy a consulate or foreign ministry asking for a state police or state DOJ record. If the instruction says “police certificate,” you need the state-issued document (or local police letter) that your state will apostille.

When will you be asked for a background check apostille (state-issued)?

Common scenarios:

• Work or residence visas that specify “police certificate from your state of residence.”

• Teacher licensing, childcare roles, or healthcare credentials abroad dictating a state check.

• University admissions requiring state police clearance for particular programs.

• Adoptions or family-law dossiers with a state-specific police certificate and recency requirement.

In many of these scenarios, the same dossier may also require the FBI report. Each document goes through its own apostille authority.

The apostille authority follows the document’s origin (not your address)

• State or local police documents → apostille from that state’s Secretary of State (in the state capital).
  Example: A Texas DPS letter gets a Texas apostille, not Florida’s.

• Federal documents (e.g., FBI) → apostille from the U.S. Department of State in Washington, D.C.

There’s no shortcut that allows one state to apostille another state’s police document, nor a state to apostille an FBI report.

A high-level roadmap

We’ll spare you the line-by-line forms here. Think of this as the “checklist view” we use to keep your file on time:

1. Confirm the requirement
   Is the request state or FBI, or both? Which state? Does it name a specific agency (FDLE, CA DOJ, etc.)?

2. Obtain the correct state document
   Follow the issuing state’s process (some allow online requests; some require in-person or fingerprinting). If the instruction allows a local police letter, we confirm whether notarization will be required for apostille.

3. Secure notarization (if needed)
   When the state requires notarization for apostille, we arrange a notary commissioned in that state (not elsewhere).

4. Verify apostillability
   We review signature/seal, notarial certificate quality, identity alignment, and physical integrity. If your state requires county authentication before apostille, we add it.

5. File the apostille with the issuing state’s Secretary of State
   Correct state forms, current fees, country of use named accurately, and tracked courier both ways.

6. Deliver and archive
   We deliver to you, your counsel, or the requesting authority, with high-quality scans for your records.

That’s the substance without drowning you in form numbers. In our follow-up article, we’ll break down the filing mechanics for several high-volume states.

State-to-state quirks you should expect 

• County authentication first: Some states require a county clerk to authenticate the notary’s commission before the state will issue the apostille (common for documents that are notarized rather than signed by a state official).

• Recognized signatories: Some Secretaries of State only apostille signatures from officials on file. If your police letter’s signer isn’t on file, a notarized version is usually the right path.

• Terminology drift: “Police clearance,” “criminal history record,” “good conduct letter,” and “state DOJ response” can be treated differently abroad. We mirror the exact term your instruction uses.

Common pitfalls (and how we pre-empt them)

Pitfall 1: Wrong authority
Sending a state background check to the U.S. Department of State, or sending an FBI report to a state Secretary of State.
Our fix: We route by origin. State → state SoS. Federal → U.S. DoS.

Pitfall 2: Non-apostillable local letters
A city police letter that isn’t notarized and carries a signature unknown to the state.
Our fix: Arrange proper in-state notarization or switch to the state police/DOJ version.

Pitfall 3: Skipping county authentication
In states that require it, the Secretary of State will simply refuse the packet.
Our fix: Add the county step when required—before state submission.

Pitfall 4: Out-of-date documents
Many recipients want issuance within 60–90 days.
Our fix: We calendar backwards from your submission date and keep evidence of issuance timing.

Pitfall 5: Staple surgery
Detaching staples or flattening embossed seals breaks the chain of custody.
Our fix: Maintain physical integrity and use rigid mailers and protective sleeves.

Pitfall 6: Translating too soon
Translating before apostille often leads to duplicate work and mismatched pagination.
Our fix: Typically apostille first, translation second (unless the destination says otherwise).