Why FBI Checks and Federal Documents Are Never Notarized or State-Apostilled
An FBI background check arrives already authenticated by the FBI, and the U.S. Department of State apostilles that federal signature. A notary stamp or a state apostille doesn’t strengthen the document — it starts a different chain that ends up vouching for a notary instead of the FBI.
The same rule covers naturalization certificates, IRS Form 6166, Social Security letters and every other document signed by a federal official.
What the apostille ends up certifying
Federal routeThe FBI official’s signature on your report — the thing the foreign authority wants confirmed.
Notary + state routeA notary’s commission. It says nothing about whether the FBI record is genuine.
The Short Answer
Every apostille certifies one thing: the signature and seal of the official who signed the document it’s attached to. For a federal document, that official works for a federal agency, so the apostille has to come from the federal level — the U.S. Department of State’s Office of Authentications, which issues apostilles for documents signed by federal officials.
An FBI background check is ready for that step as issued. According to the State Department, the FBI authenticates all fingerprint search results by placing the FBI watermark and the signature of a division official on them. The State Department then apostilles that signature. Nothing needs to be added first, and two common additions actively break the process:
- Notarizing it. The State Department says a federal document that has been notarized is no longer valid for authentication.
- Sending it to your state. A Secretary of State can only authenticate its own state’s officials and notaries. The Texas Secretary of State, for example, says it doesn’t apostille or authenticate any federal documents, naming FBI background checks and naturalization certificates.
Two Routes, Two Very Different Results
On paper the two routes can look alike: both end with a certificate titled “Apostille.” The difference is whose signature that certificate vouches for.
Federal route
What foreign authorities ask for
- The FBI issues your report. It carries the FBI watermark and a division official’s signature.
- The U.S. Department of State authenticates it. It verifies the FBI official’s signature and attaches its apostille.
The apostille vouches for the FBI.
Notary + state route
What gets rejected
- You print or copy the report. The copy is no longer the document the FBI issued.
- A notary stamps it. The notary certifies the copy, or witnesses your own statement that it’s true.
- Your state apostilles the notary. The Secretary of State confirms the notary’s commission — the only signature it can check.
The apostille vouches for the notary, not the FBI.
Why Notarizing a Federal Document Backfires
A notary’s job is to confirm who signed a document, usually by checking ID and watching the signature. That’s exactly what affidavits and powers of attorney need, because private people sign them. A federal record has already been signed by a federal official, so a notary has nothing legitimate to add — and two things can go wrong.
Notarizing the original ruins it
The State Department’s instructions are blunt: don’t notarize your original document, because it won’t be valid afterward. For an FBI report, that usually means ordering a new one, with new fingerprints and a new fee, and losing weeks against a deadline that probably hasn’t moved.
Notarizing a copy proves the wrong thing
A notary can’t make a copy of a federal record official; only the federal agency that issued or holds the record can certify copies of it. The common workaround, a “copy certification by document custodian,” has you swear that the copy is true while a notary verifies your identity. Any apostille that follows authenticates the notary who watched you sign. The foreign authority asked for proof about the FBI record and gets your own word, notarized.
Already notarized? Don’t try to remove or cover the stamp. Request a fresh document from the issuing agency and keep the new one exactly as issued.
Why a State Apostille Doesn’t Work
Each Secretary of State is the competent authority for its own state’s public documents and notaries, and nothing else. Florida sends anyone holding a federal document to the U.S. Department of State, and Texas says it does not apostille or authenticate any document issued by the federal government.
So a state apostille on an “FBI report” is always attached to something else, usually a notary’s certificate. The apostille is genuine, but it answers a question nobody asked. Foreign governments know the difference: the Embassy of Italy in Washington, for example, tells applicants that FBI background checks are apostilled by the State Department’s Office of Authentications.
Where the confusion comes from: state police and state agency background checks are state documents. Florida, for example, apostilles checks from the Florida Department of Law Enforcement and local law enforcement agencies through its Secretary of State. An FBI Identity History Summary is a different document from a different government, and it takes the federal route.
Which Documents Are Federal?
Look at who signed the document, not what it’s about. A background check can be federal or state; a tax letter can come from the IRS or from a state revenue office. If a federal agency or official signed it, it goes to the State Department.
| Document | Issued by | Apostilled by |
|---|---|---|
| FBI Identity History Summary | FBI Criminal Justice Information Services Division | U.S. Department of State |
| Certificate of Naturalization or Citizenship | U.S. Citizenship and Immigration Services | U.S. Department of State |
| IRS Form 6166 | Internal Revenue Service | U.S. Department of State |
| Social Security Certificate of Coverage | Social Security Administration | U.S. Department of State |
| USDA and FDA export certificates | U.S. Department of Agriculture; Food and Drug Administration | U.S. Department of State |
| USPTO certified trademark registration | U.S. Patent and Trademark Office | U.S. Department of State |
| State police background check | State police or state agency | That state’s Secretary of State |
| Birth certificate or notarized affidavit | State or county office; a notary | That state’s Secretary of State |
Not sure which side your document falls on? See Federal Apostille vs. State Apostille: Which Do You Need?
What to Do Instead
Keep it as issued
No notary, no staples, no writing. Federal documents are authenticated exactly as the agency issued them.
Confirm the destination
Hague Convention countries take an apostille; others take an authentication certificate followed by embassy legalization. See Apostille vs. Authentication.
Send it to Washington
The State Department’s Office of Authentications handles federal documents. Walk-in drop-offs are processed within 7 business days.
Translate if required
If the destination wants a translation, it is usually done after the apostille so the certificate is translated too.
How We Handle Federal Documents
- Pre-submission review: we catch notary stamps, state apostilles and wrong-format documents before they cost you a rejection.
- Federal apostille: hand-delivered to the Office of Authentications, ready in 7 business days, $120 flat rate per document with the government fee included.
- Mixed packets: we route state documents to the right Secretary of State and federal documents to Washington.
- Non-Hague destinations and translation: embassy legalization and certified translation when the destination requires them.
Frequently Asked Questions
Should I notarize my FBI background check before getting an apostille?
No. The FBI already authenticates its results with the FBI watermark and a division official’s signature, and the U.S. Department of State apostilles that signature. Notarizing the original makes it invalid for federal authentication.
Can my state’s Secretary of State apostille an FBI background check?
No. An FBI report is a federal document, and a state office can only authenticate its own officials and notaries. Texas, for example, states that it does not apostille or authenticate any federal documents, including FBI background checks.
Someone offered me a notarized copy with a state apostille. Will it work?
That package authenticates the notary’s commission, not the FBI record. Authorities that ask for an apostilled FBI report expect the U.S. Department of State’s apostille on the report itself, so a notarized copy with a state apostille risks rejection.
My report was already notarized. Can it still be apostilled?
Not at the federal level. The State Department treats a notarized federal original as no longer valid, so the practical fix is to request a new report and keep it exactly as issued.
Do other federal documents follow the same rule?
Yes. Naturalization certificates, IRS Form 6166, Social Security letters, FDA and USDA export certificates and USPTO certified copies are all federal documents. None should be notarized, and none can be apostilled by a state.
What about state police or local background checks?
Those are state documents, so they go to that state’s Secretary of State. Florida, for example, apostilles background checks from the Florida Department of Law Enforcement and local law enforcement agencies.
Do I need to notarize a translation of my FBI report?
Only if the destination asks for a notarized translation, and then the notary certifies the translator’s signature on the translation, not the FBI report. The report itself stays untouched and gets its own federal apostille.
Does the destination country change who apostilles a federal document?
No. The destination decides which certificate you need, an apostille or an authentication certificate. The agency that issued the document decides who issues it, so a federal document goes to the U.S. Department of State either way.
The Bottom Line
A federal document is authenticated by the federal government, on the document exactly as the agency issued it. Skip the notary, skip the state, and send the original to the U.S. Department of State.
Have a Federal Document to Apostille?
Send it to us exactly as issued. We check it, hand-deliver it to the State Department and return it apostilled — $120 flat rate per document, ready in 7 business days (excluding Fridays and federal holidays).
Sources: U.S. Department of State, Prepare Document for an Apostille Certificate, Criminal Records Checks and Request Authentication Services; Texas Secretary of State, Authentications; Florida Department of State, Apostille and Notarial Certification; Embassy of Italy in Washington, Legalization of documents between Italy and the USA. Facts checked October 5, 2026.
