The Difference Between State and Federal Apostille: What You Need to Know

When preparing your documents for international use, one of the most important decisions is knowing whether your document needs a state apostille or a federal apostille. At Orange County Apostille, we help clients across California and nationwide navigate this distinction every day. Choosing the correct path can save you time, money, and headaches—especially when you’re dealing with strict international deadlines for legal, immigration, academic, or business matters.

In this guide, we’ll explain the difference between state and federal apostille services, the types of documents each applies to, and how Orange County Apostille can simplify the process for you from start to finish.

What Is an Apostille?

An apostille is a certificate that authenticates the origin of a public document so that it will be recognized in another country. It’s a form of international document authentication under the Hague Apostille Convention of 1961.

If the destination country is a member of the Hague Convention, you will need an apostille rather than full embassy legalization. If the country is not a member, you will likely require embassy or consulate legalization instead. You can check the list of Hague Apostille countries on the U.S. Department of State website.

State Apostille: What It Is and When You Need It

A state apostille is issued by the Secretary of State in the U.S. state where the document was executed. It verifies that the signature and seal on a public document (like a notarization, birth certificate, or corporate filing) are authentic.

Examples of Documents That Require a State Apostille:

Birth and death certificates (certified by the County Clerk or State Registrar)
Marriage and divorce certificates
Notarized documents such as power of attorney, affidavits, and declarations
Academic transcripts and diplomas issued by state institutions
Articles of incorporation or business documents filed with the Secretary of State

📝 Learn more about apostilling birth certificates and notarized documents on our website.

When Should You Use a State Apostille?

You should use a state apostille when:

The document was notarized or issued by a state or local government agency
The document was issued within a specific U.S. state (e.g., California)
The document does not originate from a federal agency

For example, if you were born in California and need to apostille your birth certificate for dual citizenship in Italy or Mexico, you will need a California apostille from the California Secretary of State.

Federal Apostille: What It Is and When You Need It

A federal apostille is issued by the U.S. Department of State in Washington, D.C. It is used to authenticate documents that originate from federal agencies or courts.

Examples of Documents That Require a Federal Apostille:

FBI background checks
Social Security Administration (SSA) documents
Certificates of Naturalization (certified by USCIS)
IRS documents and tax forms
FDA, USDA, or other federal agency certifications
Documents issued by U.S. federal courts

🌐 Visit our page on federal apostille services to see how we handle FBI background checks, naturalization records, and SSA letters.

When Should You Use a Federal Apostille?

You need a federal apostille when:

The document was issued by a federal agency, such as the FBI or Department of Homeland Security
The document was issued by a U.S. District Court
The document includes a federal official’s signature or seal

If you need to submit an FBI background check for a teaching job in South Korea or a work visa in Spain, the document must be apostilled by the U.S. Department of State, not the California Secretary of State.

You can view the apostille submission process directly on the U.S. Department of State’s Office of Authentications page.

Key Differences Between State and Federal Apostille

Feature	State Apostille	Federal Apostille
Issued By	Secretary of State (e.g., California)	U.S. Department of State
Applies To	State-issued documents	Federal-issued documents
Common Uses	Vital records, notarized POAs, business filings	FBI checks, SSA letters, naturalization certificates
Location of Processing	Individual states	Washington, D.C.
Processing Time	Typically 1–5 business days	Typically 2–3 weeks
Translation Requirement	Often required for international use	Often required for international use

Why This Matters: Real-Life Examples

✅ Example 1: Apostilling a Birth Certificate for Dual Citizenship

Maria was born in Orange County and is applying for Italian dual citizenship. Her birth certificate was issued by the California Department of Public Health, so it needs to be apostilled by the California Secretary of State—not the federal government.

➤ Learn more about apostille for dual citizenship.

✅ Example 2: Apostilling an FBI Background Check for a Visa

John is moving to Spain for work and needs to submit an FBI background check as part of his visa application. Since the document was issued by the Federal Bureau of Investigation, it must be apostilled by the U.S. Department of State in Washington, D.C.

➤ Check our detailed process for apostilling FBI background checks.

How Orange County Apostille Can Help You

Whether you need a state or federal apostille, we make the process fast and hassle-free. Here’s what you get when working with us:

✳️ For State Apostille:

We notarize documents, if needed
Submit them to the California Secretary of State
Ensure quick turnaround from our local offices in Irvine, Anaheim, and San Juan Capistrano

✳️ For Federal Apostille:

We receive your documents at our Orange County office
Send them directly to our Washington, D.C. office at:
400 8th Street NW, #1104, Washington, D.C. 20004
We handle submission to the U.S. Department of State for authentication
We offer full mail-back services and international shipping

📍 Schedule a drop-off or mail-in with us today via our appointment form.

Common Questions About State vs. Federal Apostille

1. How do I know if my document requires a state or federal apostille?

Start by checking who issued the document. If it’s issued by a state or local office, or notarized in a U.S. state, you’ll need a state apostille. If it was issued by a federal agency or court, it requires a federal apostille.

2. Can a notarized document be sent for a federal apostille?

No. Notarized documents are almost always sent to the state where the notarization occurred. They do not qualify for a federal apostille.

3. Can you help me notarize and apostille my documents?

Yes! At Orange County Apostille, we provide in-house notary services, and can prepare your documents for state or federal apostille. We also assist with translations and mail handling.

4. How long does the apostille process take?

State Apostille: 1–5 business days
Federal Apostille: Approximately 2–3 weeks
We offer expedited processing and real-time updates.

5. What if I’m not in California?

No problem. We serve clients across the U.S. and abroad. Just mail your documents to our Orange County or Washington, D.C. office. We’ll take care of the rest.

Bonus: What If the Country Is Not Part of the Hague Convention?

If the destination country is not a member of the Hague Apostille Convention, then your document cannot be apostilled—it must be legalized through the embassy or consulate of that country.

🔗 Visit our Embassy Legalization Services page to learn more.

Conclusion: Don’t Guess—Get It Done Right

Choosing between a state and federal apostille can be confusing, especially when your deadlines are tight or international rules are strict. That’s why so many individuals, families, businesses, and legal professionals turn to Orange County Apostille for support.

We ensure your documents are properly handled, whether they need to go to Sacramento or Washington, D.C.. We take care of everything from notarization and certified translation to authentication and return delivery.

Let us handle the hard part, so you can focus on what matters most—your international goals.