FBI criminal records and federal document apostillesFBI Records & Federal Document Apostilles
People who have lived in the United States are often asked for a "certificate of no criminal record" when they go abroad to work, take up long-term residence, adopt internationally or pursue immigration to another country. In the U.S., the most common such document is the FBI Identity History Summary. It is a federal document, and for use in a Hague Convention country it needs an apostille issued by the U.S. Department of State. The same rule applies to other federal documents such as naturalization certificates, IRS certifications of U.S. tax residency and federal court documents.
This page explains how to request an FBI record, how it differs from a state police record, the key points of obtaining a Department of State apostille, and what to note when sending documents to mainland China. For the apostille procedure for state documents (birth and marriage certificates, notarized documents, etc.), see the apostille guide.
What is an FBI Identity History Summary?
The FBI Identity History Summary (often called a rap sheet) is a record issued by the FBI's Criminal Justice Information Services (CJIS) Division based on a fingerprint search. It lists arrest-related information (the submitting agency, arrest date, charges and any known dispositions) and sometimes also shows federal employment, naturalization or military service records. If no record is found, the FBI issues a response stating that there is no record; this is what is commonly called an "FBI certificate of no criminal record."
The record is based on fingerprints, not a name search, so fingerprints must be taken when you apply. Individuals may request only their own record. The FBI website also notes that this service itself is not used for employment or licensing checks within the U.S.; those go through each state's identification bureau.
Common uses
- Applying for a work permit, residence permit or immigration in another country — for example, a work permit for foreigners working in China usually requires a certificate of no criminal record; the specific documents depend on the requirements of the competent Chinese authorities and the employer;
- International adoption;
- Study, teaching or volunteer programs abroad that require a background check;
- Reviewing, checking or correcting your own record.
How to request an FBI record
The FBI website lists the following options; for the specific procedures, check the current instructions at fbi.gov:
| Option | How it works | Key points |
|---|---|---|
| Electronic request directly to the FBI | Complete the form and pay on the FBI's electronic request site (Electronic Departmental Order, eDO, edo.cjis.gov), then have fingerprints taken at a participating U.S. Post Office, or mail a fingerprint card to the FBI | The FBI says electronic requests are usually processed faster; electronic requests receive electronic results, and you may also choose to have the results mailed |
| Request by mail | Complete the application form and mail it with an FD-1164 fingerprint card and payment to the FBI CJIS Division (Clarksburg, West Virginia) | Fingerprints can be taken by a local police department or a fingerprinting service provider; results are returned by first-class mail |
| FBI-approved channeler | A private company under contract with the FBI collects fingerprints and fees, submits electronically to the FBI and passes on the results | Per the FBI website, channelers may be used only by U.S. citizens or lawful permanent residents who are in the U.S. (including its territories); channelers charge an additional service fee |
For fees and processing times, check what the FBI website currently publishes. The FBI does not offer expedited service, and U.S. embassies and consulates abroad do not provide fingerprinting — if you are abroad, you generally need to have fingerprints taken by local police according to FBI requirements and then mail them.
For an apostille, you need the FBI-authenticated version
According to the FBI's FAQs, the FBI no longer places an FBI seal on fingerprint search results; instead, it authenticates results at issuance with an FBI watermark and the signature of a division official, and anyone who needs an apostille then sends that FBI-authenticated document to the U.S. Department of State. The Department of State likewise states that the FBI authenticates fingerprint search results with a watermark and the signature of a division official. Pay special attention to the following:
- The FBI does not authenticate results after they have been issued; if the version you receive does not meet the requirements, you will often have to apply again;
- The FBI will not forward your results to the Department of State for an apostille; when applying by mail, do not include an envelope or a request asking the FBI to forward them to the Department of State;
- Whether results obtained through a channeler bear the signature and watermark described above, and whether they can be apostilled, varies by channeler and product; if you plan to obtain an apostille, confirm with the channeler before applying, or apply directly to the FBI. Whether a printout of an electronic result can be submitted for authentication also depends on the current instructions of the FBI and the Department of State;
- Keep the document as received: do not notarize it, alter it, unbind it, or write on it or attach labels to it.
State police record or FBI record?
The FBI record is national and compiles arrest information reported to the FBI by the states; a state police record covers only that state. Some countries expressly require an FBI record, some require a police record from the "last state of residence," and some require both. Which one is needed is decided by the receiving country or institution, so first obtain its requirements in writing.
In Illinois, the Illinois State Police (ISP) Bureau of Identification offers an "Access and Review" process: you have your fingerprints taken at an Illinois law enforcement or correctional agency, or at a licensed fingerprint vendor, and the State Police mails you your criminal history record or a written statement that no record was found. This process is mainly intended for reviewing and correcting your own record; confirm in advance whether the receiving party abroad will accept it and in what format.
A state police record is a state document, so the apostille is handled by that state's Secretary of State (in Illinois, the Secretary of State's Index Department), not the U.S. Department of State. The Department of State cautions that a local police record bearing only a seal is often not sufficient, and that you should check the authentication requirements with the Secretary of State's office in that state.
Apostilles for federal documents: the U.S. Department of State's Office of Authentications
For documents signed by federal officials, the apostille is issued by the U.S. Department of State, Office of Authentications. Examples listed by the Department of State include:
| Document | Issuing agency | Notes |
|---|---|---|
| FBI criminal record | Department of Justice / FBI | Must be the version bearing the FBI watermark and official's signature |
| Federal court documents | Federal courts | Must be originals or certified copies; check the Department of State's and the court's instructions for specific requirements |
| Naturalization certificate | Department of Homeland Security (USCIS) | See the warning about copying below |
| U.S. Residency Certification (Form 6166) | Internal Revenue Service (IRS) | Often used to claim tax treaty benefits; first confirm whether the receiving party requires an apostille |
| Certificates to foreign governments, pharmaceutical/export certificates | Department of Health and Human Services (HHS, including FDA) | Commonly used by exporting businesses |
| Patent and trademark documents | U.S. Patent and Trademark Office (USPTO) | |
| Other | Department of Agriculture (USDA), Social Security Administration (SSA), Environmental Protection Agency (EPA), Office of Personnel Management (OPM), etc. | Check the Department of State's current list |
The Department of State's general requirements for federal documents: the document must be an original or a certified copy; it must bear a legible signature, the official's name and title, and the agency's seal, with an original signature and seal; and it must be dated and on agency letterhead. Do not notarize the original; a notarized original will no longer be valid. If the receiving country requires a translation, have it translated by a professional translator and have the translation notarized (notarizing a translation is a state-level procedure handled separately under state rules).
How to submit
Each request requires Department of State Form DS-4194 (Request for Authentication Service), stating the country where the document will be used, submitted together with the document, the official fee and a prepaid return envelope. The options currently listed on the website are: by mail to the Office of Authentications; drop-off and pickup at the Washington, D.C. office during designated hours; and emergency appointments limited to situations such as a life-or-death emergency or the death of an immediate family member abroad. Submission methods, addresses, payment methods and eligibility conditions change frequently, so before mailing, check the current instructions at travel.state.gov; fees and processing times are also as published on the website.
For documents going to a country that is not a party to the Hague Convention, the Department of State issues an authentication certificate, and the document must then be legalized by that country's embassy or consulate in the U.S.
Naturalization certificates: do not make your own copy to notarize
Federal law, 18 U.S.C. § 1426(h), provides that copying a certificate of naturalization or certificate of citizenship (or any part of one) by printing, photographing or similar means without lawful authority can be a federal crime. So do not photocopy your naturalization certificate and have a notary "notarize the copy" for authentication. If a foreign authority requires proof of naturalization, first confirm what document it accepts and whether an apostille is required, then assess how to submit it; for replacing a lost or damaged certificate, see Form N-565.
For use in mainland China
China acceded to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague Apostille Convention) in March 2023, and the Convention entered into force for China on November 7, 2023. According to China's Ministry of Foreign Affairs, from that date public documents from the U.S. and other contracting states for use in mainland China need only an apostille from the country that issued the document, with no further legalization by Chinese embassies or consulates abroad. So for an FBI record going to mainland China, the usual process is: obtain the FBI-authenticated version → apostille from the U.S. Department of State → translation as required by the receiving party.
Whether China's public security bureaus, human resources and social security authorities, foreign expert administration authorities, employers or notary offices will accept a given document, and what they require regarding issue date and translation, is decided by the receiving party. Our firm does not advise on Chinese law; for procedures in China, first confirm with the receiving party, and where necessary work with a Chinese lawyer. For translation requirements, see Translation requirements.
Not the same as "criminal records" in U.S. immigration proceedings
This page is about sending U.S. records abroad for use there. In U.S. immigration proceedings (for example, naturalization, adjustment of status or immigration court cases), a review of criminal history usually also requires court disposition records and other materials, and the purpose and requirements are different. To obtain your own immigration file, you can file a Freedom of Information Act (FOIA) request with USCIS; see Form G-639. Anyone with an arrest or conviction record should have an immigration attorney evaluate their situation before filing any immigration application.
Common mistakes
- Taking an FBI record to a notary or the Secretary of State. Federal documents are apostilled by the U.S. Department of State, and notarization actually invalidates the original.
- Getting the results first, then asking the FBI to add a signature. The FBI does not authenticate results after they have been issued.
- Assuming results from any channel can be authenticated. Whether channeler results meet authentication requirements must be confirmed in advance.
- Getting only the FBI record when the receiving party wants a state record (or vice versa). First obtain the receiving party's requirements in writing.
- Still lining up at the Chinese embassy or consulates in the U.S. for legalization. Documents for use in mainland China generally need only an apostille.
- Photocopying a naturalization certificate for notarization. This may violate 18 U.S.C. § 1426(h).
How we can help
- Based on the receiving country's or institution's requirements, determine whether you need an FBI record, a state police record or both, and which authority should issue the apostille;
- Review documents before submission to confirm that they are originals or certified copies, that signatures and seals are complete, and that they have not been notarized or altered;
- Prepare Form DS-4194 and a cover letter for you, and coordinate translation and subsequent submission;
- Where a single batch includes both federal and state documents (for example, an FBI record plus a power of attorney), help you sort out the separate path for each;
- Our firm is not an FBI-approved channeler, does not take fingerprints, and does not issue any document on behalf of the FBI or the Department of State.
Frequently asked questions
I am not a U.S. citizen. Can I still request an FBI record?
You can request your own record. However, the FBI website states that requests through a channeler are limited to U.S. citizens or lawful permanent residents who are in the U.S.; others can apply directly to the FBI.
Can the Illinois Secretary of State apostille my FBI record?
No. An FBI record is a federal document and is handled by the U.S. Department of State's Office of Authentications. The Illinois Secretary of State handles documents issued by Illinois authorities or notarized in Illinois.
How long is an FBI record valid?
An FBI record has no "validity period" of its own, but many receiving parties accept only records issued within a certain period. Work backward from the receiving party's time requirement to decide when to apply.
I am in China. How do I request an FBI record?
You can apply directly to the FBI, having your fingerprints taken locally and submitting them as the FBI requires. U.S. embassies and consulates in China do not provide fingerprinting. Once you receive a compliant result, it still has to go to the U.S. Department of State for an apostille.
Does IRS Form 6166 also need an apostille?
It depends on the requirements of the country where it will be used. If one is needed, Form 6166 is a federal document and is handled by the U.S. Department of State.
Can you submit directly to the Department of State for me?
We can review documents, prepare the form and cover letter, and coordinate the submission arrangements; the specific submission method depends on the Department of State's rules at the time. Our firm does not guarantee that any document will be accepted by the issuing agency or the receiving party.
Official sources
- FBI: Identity History Summary Checks
- FBI: Frequently asked questions (including apostilles)
- FBI: List of FBI-approved channelers
- U.S. Department of State: Criminal record checks for use abroad
- U.S. Department of State: Preparing documents for an apostille
- U.S. Department of State: Requesting authentication services (DS-4194, submission methods)
- Illinois State Police: Reviewing your own record
- 18 U.S.C. § 1426 (reproduction of naturalization or citizenship papers)
- Ministry of Foreign Affairs of China: the Apostille Convention enters into force for China (in Chinese)
Related reading
- Apostille guide
- U.S. documents for use in China
- How notarization works in the U.S.
- Translation requirements
Not sure whether the receiving party wants an FBI record or a state record, or have a batch of federal and state documents to send abroad? Book an attorney consultation, or call (312) 519-1115.
This page is general information, not legal advice. Notarization and authentication requirements are set by the receiving institution where the document will be used and by each state's authorities, and they may change at any time. Before you start, confirm the specific requirements with the receiving party.