The test
Ask one question: who signed or issued the document?
- A state or local official (or a state-commissioned notary public) → the state where that official holds office.
- A federal official → the U.S. Department of State, Office of Authentications in Washington, D.C.
That is the whole rule. Where you live, where you were born, where the document will be used — none of that changes the answer.
Documents that go to the state
| Document | Signed by |
|---|---|
| Birth, marriage, death certificates | State or county registrar of vital statistics |
| Divorce decrees, court orders, judgments, probate | Clerk of a state or county court |
| Diplomas, transcripts, enrollment letters | School registrar, usually notarized |
| Powers of attorney, affidavits, travel consents, contracts | Notarized by a state-commissioned notary |
| State police / state background checks | State law-enforcement agency (e.g. FDLE, DPS, CBI) |
| Articles of incorporation, certificates of good standing | State Secretary of State business division |
| Driver’s license, passport, ID copies | Notarized copy certified by a notary (where allowed) |
| Professional licenses (nursing, teaching, engineering) | State licensing board, usually notarized |
| Medical, vaccination, veterinary records | Notarized; some state veterinarians sign animal health certificates |
Find the authority, fee and address for each state in the state directory.
Documents that go federal
| Document | Signed by |
|---|---|
| FBI Identity History Summary (background check) | FBI, Criminal Justice Information Services |
| DD Form 214 and other military records | National Personnel Records Center / Department of Defense |
| IRS Form 6166, tax transcripts, EIN confirmation | Internal Revenue Service |
| Social Security benefit verification letters | Social Security Administration |
| Certificate of Naturalization, Certificate of Citizenship | U.S. Citizenship and Immigration Services |
| Consular Report of Birth Abroad | U.S. Department of State (requested from Passport Vital Records with the apostille) |
| U.S. District, Bankruptcy and Appeals Court documents | Clerk of a federal court |
| FDA Certificate to Foreign Government, USDA/APHIS export certificates | FDA, USDA |
| Patent and trademark documents | U.S. Patent and Trademark Office |
| Documents notarized at a U.S. embassy or consulate | U.S. consular officer |
Each has its own requirements on the federal section.
The exceptions that confuse people
A notarized copy of a federal document goes to the state. If you photocopy your Certificate of Naturalization and have the copy notarized in Georgia, the signature being authenticated is the Georgia notary’s, so it goes to the Georgia Secretary of State. Whether the destination country will accept a notarized copy instead of an apostille on the original is a separate question — many will not, and USCIS warns against copying naturalization certificates.
The FBI check obtained through a channeler is still federal, provided the result is the FBI’s own document. A state criminal history from a state police agency, however, is a state document.
Federal documents can’t be “upgraded” at a state office. Some states explicitly refuse federal documents; others will apostille only a notarized copy. Either way, the destination usually wants the federal apostille on the original.
Documents signed by a federal official in a state still go federal. A letter signed by a federal judge in Miami goes to Washington, not Tallahassee.
Mixed packages
Applications often involve both. A typical Italian citizenship file might contain a Pennsylvania birth certificate (state), a New Jersey marriage certificate (state) and a Certificate of Naturalization (federal). Each document goes to its own authority; the packages run in parallel. A typical Spanish residency file contains a Florida marriage certificate (state) and an FBI check (federal).
Timelines differ
State processing ranges from same-day to a few weeks. The federal Office of Authentications takes up to about five weeks by mail; walk-in drop-off in Washington, D.C. returns documents in about seven business days, and same-day service exists only for documented life-or-death emergencies. Plan the federal document first when a deadline is fixed. If the timeline is tight, a nationwide service that handles Department of State authentications can hand-carry federal documents, and documents issued in Florida can be filed with the Florida Department of State by a Florida apostille service with offices across the state.
Frequently asked questions
I live in California but my birth certificate is from Texas. Where does it go?
To the Texas Secretary of State. The registrar who signed the certificate is a Texas official, and only Texas can authenticate that signature.
Can the U.S. Department of State apostille my state birth certificate?
No. The Office of Authentications only authenticates federal signatures and documents already certified by a state authority for non-Hague legalization.
My FBI report is a PDF. Is it still a federal document?
Yes. The FBI’s electronically delivered Identity History Summary carries the FBI’s digital signature and goes to the U.S. Department of State. Print it exactly as issued; do not alter it.
What about documents from U.S. territories?
Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands each have their own competent authority (for example, the Puerto Rico Department of State). American Samoa documents are handled by the U.S. Department of State.
