Why the California Secretary of State Does Not Apostille FBI Background Checks and Other Federal Documents
If you walk into the California Secretary of State with an FBI background check in your hand, they will politely send you somewhere else. That’s not a mistake—it’s a question of jurisdiction. This page explains why federal documents cannot be apostilled at the state level, when you need a federal apostille, and how Orange County Apostille manages the entire process for you from Orange County to Washington, DC and back.
Short Answer: The California Secretary of State Only Authenticates California Documents
The California Secretary of State is only authorized to issue apostilles for:
- Signatures of California public officials (for example, county clerk, registrar, state registrar).
- Documents notarized by a California notary public, such as powers of attorney, affidavits, and certified copies.
An FBI background check is not a California document. It is issued by the Federal Bureau of Investigation, a U.S. federal agency. That means it can only receive a federal apostille from the U.S. Department of State – Office of Authentications .
Where Your FBI Background Check Actually Goes
Instead of Sacramento, your FBI background check must be authenticated in Washington, DC:
- FBI issues your criminal history report (PDF or hard copy).
- Orange County Apostille reviews the document and destination-country requirements.
- The report is sent for federal apostille at the U.S. Department of State in Washington, DC.
- For non-Hague countries, we continue to embassy or consulate legalization.
For a deeper dive into how FBI reports are authenticated, see our dedicated guide: What Is an FBI Background Check Apostille? Complete Guide for Orange County Residents .
State Apostille vs. Federal Apostille: Two Different Systems
California Secretary of State
Handles documents that are:
- Issued by California public officials (e.g., county clerk, state registrar).
- Notarized by a commissioned California notary public.
Examples: corporate documents , birth, marriage, and death certificates, powers of attorney , court orders, and more.
U.S. Department of State
Handles documents issued by U.S. federal agencies, including:
- FBI background checks (CJIS Division).
- USCIS and DHS letters.
- Social Security Administration benefit letters.
- IRS tax compliance letters and Form 6166.
- FDA, USDA, and other export certificates.
These documents bypass the California Secretary of State entirely and go straight to Washington, DC for a federal apostille.
When Apostille Is Not Enough
If your destination country does not participate in the Hague Apostille Convention, a simple apostille is not accepted. You will need:
- State or federal authentication, and then
- Authentication by the U.S. Department of State, followed by
- Final embassy or consulate legalization.
Why an FBI Background Check Is Always a Federal Document
An FBI “Identity History Summary” (often called an FBI background check) is issued by the Federal Bureau of Investigation – CJIS Division based in West Virginia. The document clearly identifies the FBI as the issuing authority.
Because the issuing authority is federal—not California—the competent authority to apostille that document is the U.S. Department of State, not the California Secretary of State.
Common Federal Documents Requiring a Federal Apostille
- FBI criminal history summaries (background checks).
- Certificates of naturalization (certified copies).
- Social Security benefit verification letters.
- IRS tax residency letters and compliance letters.
- USDA / FDA certificates for export.
- Consular Reports of Birth Abroad (CRBA).
For a complete overview of how apostilles work on federal documents, see: U.S. Department of State – Apostille Requirements .
Through the FBI online portal or an approved channeler, often as a secure PDF. For California residents, we can guide you step-by-step from Orange County.
Some countries accept a federal apostille alone; others require a federal apostille plus embassy legalization. Our team checks current requirements before we send anything to DC.
We coordinate authentication at the U.S. Department of State. You do not have to travel to DC or manage government forms yourself.
For non-Hague countries, we continue to embassy or consulate legalization, then arrange return delivery of your fully authenticated package.
When the California Secretary of State Can Help with Background Checks
Not every background check is federal. In fact, many clients come to Orange County Apostille with state-level or county-level checks that are eligible for a California apostille. Examples include:
- California DOJ criminal history records (requested through Live Scan), where the final record is issued by a California agency.
- Local police or sheriff background letters on official letterhead, properly notarized by a California notary.
- Notarized affidavits explaining your criminal-history status prepared with a California notary (often used together with other records).
Either way, our team coordinates both tracks. We frequently combine:
- State apostille on California documents, and
- Federal apostille on FBI background checks and other U.S. federal records
in a single, streamlined package for visa, immigration, dual citizenship, teaching abroad, and Philippines visa or Mexico residency applications.
24/7 Apostille, Notary, Embassy Legalization & Translation – From Orange County to DC
Orange County residents often need documents authenticated on tight timelines—especially for last-minute visa appointments, job offers, international marriages, or school deadlines. That’s why we emphasize:
In addition to apostille work, our group of services includes:
- Notary services through Your Local Notary Public, including mobile notary in Orange County and jail & detention facility notarization.
- Translation services for Spanish, Korean, Portuguese, and other languages, coordinated with apostille and embassy requirements.
- Marriage-related documents and international marriage paperwork through our sister site Get Married Today, including same-day marriage license & ceremony in Orange County .
- Mail-in and online upload options for federal documents, including an online FBI apostille upload and mail-in apostille requests.
Frequently Asked Questions About FBI Background Checks and Federal Documents
Below are some of the most common questions we hear from California residents who are confused about whether their documents should go to the California Secretary of State in Sacramento, or to the U.S. Department of State in Washington, DC.
1. Does the California Secretary of State apostille FBI background checks?
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No. An FBI background check is a federal document, issued by the FBI. Only the U.S. Department of State – Office of Authentications in Washington, DC can issue an apostille for that document. The California Secretary of State will not apostille it because it is not a California record.
2. Why can’t any U.S. state apostille federal documents?
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Each Secretary of State is limited to authenticating documents issued in that state or notarized by notaries commissioned in that state. Federal documents are outside state jurisdiction, so they must be authenticated by the federal government instead.
3. Who issues the apostille for an FBI background check?
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The apostille is issued by the U.S. Department of State in Washington, DC. Orange County Apostille coordinates the submission and return of your document so you don’t have to mail it directly or track government turnaround times yourself.
4. Can I notarize my FBI report and get a California apostille instead?
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In limited situations, a notary can notarize your statement about the FBI report (or a true-copy affidavit), which might then receive a California apostille. But most foreign authorities specifically request a federal apostille on the original FBI report. We will review your instructions and recommend the approach that matches your destination country’s rules.
5. What is the difference between a California DOJ background check and an FBI background check?
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A California DOJ check is a state-level record tied to California’s databases, while an FBI background check is a nationwide federal record covering multiple states. DOJ records can often be apostilled by the California Secretary of State; FBI records must be apostilled at the federal level.
6. Do I need a federal apostille or embassy legalization?
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It depends on the destination country. Hague Convention countries typically accept a federal apostille. Non-Hague countries require additional embassy or consulate legalization. We’ll confirm the current requirements for your specific country before we begin.
7. Which federal documents usually need a federal apostille?
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Common examples include FBI background checks, U.S. court documents, naturalization certificates (certified copies), Social Security letters, IRS Form 6166, various DHS / USCIS letters, and USDA / FDA export certificates. If the issuing authority is federal, it will generally be handled through a federal apostille.
8. How long is an FBI background check apostille valid?
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The apostille itself does not expire, but foreign authorities often require a recent FBI report—commonly issued within the past 90 days or 6 months. Always follow the recency rules stated by your consulate, employer, or school.
9. Can I use a PDF FBI report or do I need a paper original?
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The FBI commonly issues reports as secure PDFs. The U.S. Department of State has specific rules on how electronic reports are submitted. Our team reviews your file type and gives you clear instructions so your document is accepted the first time.
10. Do I need a certified translation of my FBI report?
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Many foreign governments require the FBI report to be translated into their official language. We coordinate certified translations and ensure they are prepared in a format that works with your apostille or embassy legalization so you don’t have to manage multiple vendors.
11. Can Orange County Apostille handle the entire federal apostille process for me?
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Yes. We offer a turnkey federal apostille service that covers document review, preparation, federal authentication, and—if needed—embassy or consulate legalization. You can coordinate everything from Orange County without traveling to Washington, DC yourself.
12. Do you provide 24/7 service for urgent apostilles and notarizations?
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Yes. We provide 24/7 apostille, notary, embassy legalization, and translation services, including evenings, weekends, and many holidays. Our network of mobile notaries, apostille specialists, and translators helps keep urgent international paperwork moving even when government offices are closed.
13. Can you help if I am outside Orange County or living abroad?
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Yes. We regularly help clients who live elsewhere in California, out-of-state, or even overseas. Using mail-in services and secure courier options, we can handle your federal and state apostille work even if you cannot visit our Orange County office in person.
14. What if my destination country is not part of the Hague Apostille Convention?
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Non-Hague countries require embassy or consulate legalization instead of (or in addition to) an apostille. We handle multi-step legalizations for countries like the UAE, Qatar, Vietnam, and others through our embassy legalization services.
15. Can a local notary apostille my FBI background check?
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No. A notary can notarize your signature, but cannot issue an apostille. An apostille can only be issued by a designated competent authority—such as the California Secretary of State (for California documents) or the U.S. Department of State (for federal documents).
16. Can I walk into the California Secretary of State with my FBI report and ask for an apostille?
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You can walk in—but they will not apostille it. The staff will explain that federal documents must be authenticated by the U.S. Department of State, and you’ll be directed to contact that office or a private service like Orange County Apostille to assist you.
17. Is it possible to apostille a criminal record from another country?
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Yes—but not through California or the U.S. Department of State. If the record was issued abroad, it must usually be apostilled (or legalized) in the country that issued it. We can often help coordinate document flows when foreign records need to be used in the United States or in a third country.
18. What happens if my federal document is rejected by the U.S. Department of State or an embassy?
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Rejections are usually caused by missing signatures, incorrect formats, or outdated requirements. We review your documents before submission, and if a government office changes its rules or requests corrections, we help adjust your paperwork and re-submit according to the updated instructions.
19. Can you combine state and federal authentication in a single order?
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Yes. Many clients need both California apostilles (for vital records, powers of attorney, or court orders) and federal apostilles (for FBI checks or other federal records). We routinely package both together so your visa, residency, or citizenship file is complete.
20. Do my documents need to be translated before or after the apostille?
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It depends on the country. Some consulates prefer the apostille to be placed on the original English document and then translated; others accept a translation that accompanies the apostilled original. Because we provide both apostille and certified translation, we can structure your paperwork in the order that best matches your consulate’s preferences.