Apostille for a State Background Check (Criminal Record Check) — Document Guide

Get the right state record first

Order the official criminal history record (or certified “no record found” letter) directly from the state’s central repository—typically the state police, state patrol, state bureau of investigation, or state Department of Justice, depending on the state. Ask specifically for a version suitable for apostille or international use: many repositories issue a signed and sealed or notarized letter on request, while instant online name-search printouts, employer or tenant screening reports from private vendors, county court case lookups, and local police “clearance letters” often cannot be apostilled by the Secretary of State. Check whether the foreign agency wants a fingerprint-based check (more widely accepted abroad) or will take a name-based search, and make sure the full legal name, any former names, and date of birth match your passport. If you lived in several states, confirm whether the destination wants a check from each state, from your current state only, or an FBI check instead.

State authentication (Secretary of State) outline

1) Confirm exactly what the receiving country, employer, or consulate requires (state check, FBI check, or both; fingerprint vs name-based; how recently issued). 2) Order the certified or signed criminal history record from the issuing state agency, requesting an apostille-ready format. 3) Check whether the record bears a signature and seal the Secretary of State has on file, or whether your state requires the document to be notarized (some repositories notarize on request; otherwise a notary’s acknowledgment of the official’s signature may be needed). Rules vary by state—follow that state’s current apostille checklist. 4) Submit the original to the Secretary of State in the same state that issued the record for a Hague apostille, or a certificate of authentication for non-Hague destinations, which may then need U.S. Department of State authentication and embassy or consulate legalization. 5) Use tracked shipping both ways and keep scans of every page. A Texas record cannot be apostilled by the California SOS, and an FBI result should not go to a state SOS at all—it follows the federal U.S. Department of State path.

Fee and timeline estimates

Estimates only—fees and queues change. State criminal history records commonly run roughly $10–$50+ per request, with fingerprint-based checks adding fingerprinting fees (often roughly $10–$50+ at a live-scan or ink-card location). Notarization, where required, is usually a small added fee. State SOS apostille fees often fall roughly in the $5–$25+ per document range, with higher charges for expedited or same-day service where offered. Repository turnaround can range from same day for some online or walk-in requests to a few weeks for mailed fingerprint cards; mail-in SOS processing can add several business days to a few weeks in busy periods. Walk-in or courier hand-carry (where offered) may finish the apostille step in roughly one to a few business days once the record is in hand. Build the issue-date window into your timeline—some countries reject checks older than roughly 3–6 months by the time they receive the file. Always verify live fees and hours on the state repository and Secretary of State sites before you send originals.

Walk-in vs mail vs courier

Mail-in DIY is usually cheapest if you have weeks of buffer and can follow both the state repository and SOS checklists exactly (cover letter, destination country, fees, prepaid tracked return envelope). Walk-in helps when you live near the state capital and the SOS offers counter service—useful when a visa appointment or job start date is close and the record’s issue-date window is ticking. Couriers are useful when you are already abroad, when you need checks apostilled from more than one state, for multi-document packets (state check + FBI check + diploma + birth certificate for a teaching or work visa), or when a rejected mail packet would push the record past the receiving country’s freshness window. Budget for fingerprinting, state record fees, any notary fee, SOS apostille fees, courier service fees, certified translations if required, and tracked shipping both ways.

Common mistakes

Sending a state check when the foreign agency asked for an FBI Identity History Summary (or the reverse); apostilling a private-vendor screening report or an online name-search printout instead of the official repository record; using a local police letter when the destination wants the statewide record; mailing the record to the wrong state’s Secretary of State or to the U.S. Department of State instead of the issuing state’s SOS; skipping a required notarization step; name or date-of-birth mismatches against the passport; letting the record age past the receiving country’s window before it arrives; forgetting translation or embassy legalization for non-Hague countries; or shipping originals without tracking. Informational only — not legal advice; questions about expungement, sealed records, or how a record affects a visa decision belong with a qualified attorney.

Related state guides

• California apostille guide
• Texas apostille guide
• Florida apostille guide
• Illinois apostille guide
• Georgia apostille guide
• Colorado apostille guide

FAQ

Who apostilles a state background check?

Usually the Secretary of State (or equivalent competent authority) in the same state that issued the record. Some states require the record to be notarized or to carry an official signature on file with the SOS first—check that state’s current apostille checklist.

What is the difference between a state background check and an FBI background check for apostille?

A state check covers records in that state’s central repository and is a state document, so it is apostilled by that state’s Secretary of State. An FBI Identity History Summary is a national federal record and is authenticated by the U.S. Department of State Authentications Office, not a state SOS. Many visa and teaching programs require one or both—follow the receiving agency’s checklist.

Can I apostille a background check from a private screening company or local police department?

Usually not. Secretaries of State generally apostille official records signed by a public official whose signature they can verify, or properly notarized documents. Private screening reports and many local police letters do not meet that bar, and foreign agencies often want the statewide repository record anyway.

Is this legal advice?

No. This page is informational only. Requirements vary by state, issuing agency, and destination country and change over time—verify on official state repository and Secretary of State pages or consult a qualified professional. An apostille authenticates a signature/seal; it does not certify the contents of your record or advise on immigration outcomes.