State vs. FBI
A state check covers records in that state’s repository. An FBI check covers all states and federal records. Destinations that specify a “national”, “federal” or “FBI” check will not accept a state record. Programs that accept state checks include Spain’s language-assistant program, certain Mexican and Colombian residency categories, some Chinese and Korean employers for renewals, and many adoption and volunteer screenings. When the destination’s instructions are silent, the FBI check is the safer choice — see FBI background check.
Getting an apostillable state record
Each state agency has a specific product for international use:
- Florida (FDLE) — a certified criminal history check ordered through the FDLE portal with notarization for apostille; the Florida Department of State apostilles the notarized version.
- Texas (DPS) — a certified/notarized criminal history record from DPS Crime Records; apostilled by the Texas Secretary of State.
- California (DOJ) — Live Scan record review; the DOJ issues a certified letter that the Secretary of State apostilles.
- New York (DCJS) — personal record review through a Live Scan vendor; the DCJS response is certified and may require county/state steps.
- Other states — most state police or bureaus of investigation issue a certified letter or a notarized result on request. Local police department letters are also state-level documents but are often notarized rather than certified.
The agency’s signature must be on file with the Secretary of State, or the document must be notarized by a notary whose commission the state can verify. The state page lists what each office accepts.
Recency
Most destinations require the check to be issued within 3–6 months of the application. Order the record and apostille it close to the filing date.
Translation
Translate after the apostille with the translator type the destination requires.
Common reasons for rejection
- Online printout without certification or notarization
- Local police letter without notarization
- State check submitted where the FBI check is specified
- Record older than the destination's window
- Sent to the U.S. Department of State instead of the state
Frequently asked questions
Is a state background check enough for a Spanish residency visa?
Generally no for the non-lucrative and most residency visas, which require the FBI check. Spain’s language-assistant program accepts state checks.
Can I apostille a local police letter?
Yes, if it is notarized or signed by an official whose signature is on file with the state, and the state accepts it as a public document.
How long does a state check take?
Days to a few weeks depending on the agency; FDLE and DPS online checks are quick, Live Scan reviews in California and New York take longer.
