You Sent an FBI Check to a Secretary of State by Mistake
You sent an FBI check to a Secretary of State by mistake — what now?
Your FBI background check cannot be apostilled by any state. An FBI Identity History Summary is a federal record signed by a federal official, so only the US Department of State’s Office of Authentications in Washington, DC can issue its apostille. The state office will not process it. Retrieve the package, confirm the report’s issuance date, and refile federally on form DS-4194.
In practice this mistake costs you a full return mail cycle before you have even started the correct filing — and if the report sits in a state mailroom long enough that your destination’s recency window closes, it costs you a new fingerprint submission on top. That second outcome is the expensive one, and it is the reason to act on the same day you realise what happened.
“FBI background check” and “FBI Identity History Summary” are the same document. The FBI uses the formal name; almost everyone searching uses the common one. We use both below — the formal name where precision matters.
Why can’t a Secretary of State apostille an FBI background check?
An apostille does not certify what a document says. It certifies the signature and seal of the official who issued it. That single fact decides which office you file with.
A state Secretary of State maintains the signature records of officials who act under that state’s authority: county clerks, state registrars, court clerks, commissioned notaries, state corporate filing officers. Your state’s vital records registrar is in that file. A Section Chief at the FBI’s Criminal Justice Information Services Division is not, and never will be. The state has no specimen signature to compare against and no legal authority over the record, so it cannot certify anything about it.
The federal counterpart to that file is held by the US Department of State’s Office of Authentications, which maintains the signatures of federal officials and issues apostilles for documents those officials sign. Your FBI report already carries the FBI’s watermark and the signature of a division official. That signature is exactly what the federal apostille attaches to.
Do not notarise your FBI report to try to make it state-apostillable. Having a notary stamp a federal document does not convert it into a state record — it adds a mark to a sealed federal document and can make it unusable for authentication entirely. Send the report exactly as the FBI issued it, with nothing stapled, stamped, written on, or attached.
State offices are explicit about this. Several, Texas among them, publish notices stating that they do not authenticate federal documents and name FBI background checks specifically. Confirm the wording on your own state’s Secretary of State page if you want it in writing before you call them.
How do I get my document back from the state office?
Do this in order, today.
- Find your tracking number. Pull the receipt for whatever you used to mail the package. You need delivery confirmation before the state office will be able to look anything up.
- Call the state office, do not email. Ask three questions: has the package been received, has it been returned, and to what address. State offices generally return federal documents unprocessed rather than destroy them, but return timing and handling vary and no uniform national rule exists — so ask rather than assume.
- Ask about the fee you paid. Whether a state refunds a filing fee on a document it cannot process is a state-by-state matter we cannot state universally. Ask directly, and get the answer in writing if the amount matters to you.
- Check the issuance date on the report. Not the date you ordered it — the date the FBI issued it. This is the number your deadline turns on. Compare it against your destination’s recency window before you do anything else.
- Decide: refile or reorder. If the report is still comfortably inside the window and comes back undamaged and unmarked, refile it federally. If it is close to the edge, or came back with a state stamp, hole punch, staple or cover sheet attached, order a fresh one now and run both tracks in parallel.
If the state applied anything to the document before noticing the problem — a certificate, a stamp, a punch hole — treat the report as spent and reorder. A federal authentication is issued against a clean federal document, and an unexplained state marking on a sealed FBI report invites questions you will not be in the room to answer.
Which office handles which document?
The split is federal issuer to federal authority, state issuer to state authority. There is no overlap and no discretion.
| Document | Who issues it | Federal or state | Apostilled by | Recency driven by |
|---|---|---|---|---|
| FBI Identity History Summary | FBI CJIS Division, or an FBI-approved channeler | Federal | US Dept of State, Office of Authentications | Receiving country’s rule |
| State police criminal history | State police or state bureau of investigation | State | That state’s Secretary of State | Receiving country’s rule |
| Birth or marriage certificate | State or county vital records office | State | That state’s Secretary of State | Receiving country’s rule |
| Naturalisation certificate copy | USCIS | Federal | US Dept of State, Office of Authentications | Usually no limit |
| University degree or transcript | The institution (notarised registrar signature) | State | Secretary of State where the school sits | Usually no limit |
| Notarised affidavit or power of attorney | You, before a commissioned notary | State | Secretary of State of the notary’s commission | Receiving country’s rule |
This table is why mixed packages go wrong. If you are assembling a work or residence file, your FBI check goes to Washington and your degree goes to the state where the university sits — two different offices, two different queues, two different turnarounds that have to land together. That split is set out in more detail in our guide to FBI check and degree apostille requirements for working abroad, and the education-only version is covered in the diploma and transcript apostille requirements for studying abroad. If you only ever dealt with state filings before — a birth certificate in Texas, say, as described in our walkthrough of how state-level apostilles work in Houston, Texas — the federal process will feel unfamiliar, because it is a different office with different rules.
How do I file the FBI report correctly with the Department of State?
Three things must be true before you mail anything: the document is as the FBI issued it, the DS-4194 names your destination country, and the destination’s clock still has room in it.
- Hold the correct physical document. The FBI delivers results through a secure electronic download after an electronic fingerprint submission, or as a mailed hard copy. Whether a self-printed copy of the electronic version is accepted depends on who is receiving it — confirm format with the Office of Authentications before you file, and request the FBI-mailed copy if there is any doubt.
- Complete form DS-4194. This is the Request for Authentications Service. Section 4 asks for the country where the document will be used, and the request will not be processed if you leave it blank or write something vague like “Europe”. Name one country, spelled correctly.
- Pay the federal filing fee correctly. There is a per-document government fee for federal authentication. When we handle the filing, that fee is already covered by our flat price of $120 per apostille, all-inclusive — there is no separate government-fee surcharge to pay.
- Send physical documents only. The Office of Authentications cannot act on scans, emails or faxes. Everything arrives by mail or over the counter. Confirm the current mailing address and any walk-in status on travel.state.gov the week you file — the address and counter availability have changed before.
- Legalise afterwards if your destination is not a Hague member. If the country is a party to the Apostille Convention, the federal apostille is the end of the US-side process. If it is not, the authenticated document then goes to that country’s consulate for legalisation. Check the destination’s status on the HCCH status table rather than assuming.
Reverse any of those steps and you pay for it. Sending the report to a state first costs a return cycle. Notarising before filing costs you the document. Filing before you have confirmed the country’s recency rule costs you an apostille on a report your consulate then refuses.
How recent does the FBI report have to be?
The FBI does not expire its Identity History Summary. Neither does the Department of State. The expiry comes from whoever is receiving it abroad, and this distinction is the one readers get wrong most often — they see no expiry date printed on the document and conclude there isn’t one.
Destination rules fall into two shapes:
- Rolling window. The report must be dated within a set period — commonly three or six months — of the date you submit your application. Most residence and work permit regimes work this way.
- Fixed cutoff. The report must have been issued after a stated calendar date for that intake cycle. Structured programmes often do this. The JET Programme, for example, publishes an issuance-date cutoff for the application year rather than a rolling window.
Before you order fingerprints, ask the consulate or programme office one precise question: does your window run from the FBI issuance date or from the apostille date? The answer changes your whole schedule, and it varies by country. If it runs from FBI issuance, every day of federal processing and every week of consular appointment waiting is spent out of your window — so you order the report, file it immediately, and book the appointment before the apostille is even back.
Country-level handling differs enough that it is worth reading a worked example; our page on apostille requirements and timelines for Israel shows how one destination’s rules stack up against the US-side process.
Do I need a translation as well as an apostille?
Translation is a destination requirement, not a US one. Nothing in the federal authentication process involves a translator, and the Office of Authentications will not authenticate a translation of an FBI report as a substitute for the report itself.
What varies abroad: whether a translation is needed at all, whether it must be produced by a sworn, court-appointed or officially registered translator, whether a US-based certified translation is accepted, and whether the translation must itself be apostilled or certified separately. Some countries require the translation to be done in-country after you arrive, which means a US translation you paid for in advance is wasted. Get this from the specific consulate or receiving ministry, in writing where you can, before you commission anything.
Common reasons an FBI apostille request is rejected
- Sent to a state Secretary of State. The reason you are here. Federal document, federal office. No state can process it.
- A state apostille actually attached to the report. Rarer, but worse — occasionally a state processes a federal document in error. The certificate is defective and the destination catches it, often after your appointment has already passed.
- The report was notarised first. A notary stamp on a sealed federal document does not create a state-apostillable record and can void the document for authentication.
- DS-4194 Section 4 left blank or vague. No named country of use means no processing. “EU” and “Schengen” are not countries.
- Wrong format for the receiving body. A self-printed PDF where an FBI-mailed original is required. Confirm before you print.
- Channeler-issued report refused. Channelers are faster, but a channeler’s output is not always presented with the federal official’s signature and seal that the apostille attaches to, and some destinations specify an FBI-direct report. Confirm with both the Office of Authentications and the destination before choosing the channeler route. We were unable to verify a single universal rule on this point, so treat it as a question to ask, not an assumption to make.
- Fingerprints rejected for quality. Smudged or low-ridge-detail prints come back unprocessed. We could not verify the FBI’s current policy on resubmission fees or added delay — check the FBI’s Identity History Summary page before you budget time for a retake.
- Name does not match the passport. If the name on the report does not render the same way as your passport — a missing middle name, a maiden name, a hyphen dropped — consulates query it. The FBI operates a Challenge process for disputing record information; whether it covers formatting differences rather than substantive errors is not something we could confirm, so raise it with the FBI directly rather than filing and hoping.
- The report aged out while in transit. The single most common failure after misdirection.
- Documents sent electronically. Nothing can be emailed, faxed or scanned to the Office of Authentications.
- No workable return address. The authenticated document has to come back somewhere, and that creates a real problem if you have already left the country. See what having no US address blocks in an apostille filing.
What if I need the report for more than one country?
One apostille covers one country. Because DS-4194 Section 4 names the destination, an apostille issued for one country is not a general-purpose certificate you can present elsewhere. Two countries means two copies of the FBI report and two separate authentication requests.
Order the extra copies at the same time as the first — a second fingerprint cycle weeks later is the slowest possible way to solve this, and it restarts the recency clock at a different date for each copy. Whether the FBI will issue multiple originals from a single fingerprint submission is worth confirming on fbi.gov before you submit, as policy here is the kind of detail that changes.
If you are delivering in person, note that counter submissions at the Office of Authentications are capped at fifteen documents per submission and one drop-off per day, which matters for anyone filing a family’s worth of paperwork at once.
What the US side guarantees, and what it doesn’t
A correctly issued federal apostille certifies one thing: the signature and seal on your FBI report are genuine. The Office of Authentications does not review the content of the report and does not vouch for it. Acceptance of the finished document — its age, its format, its translation, whether it satisfies a particular visa category — remains the decision of the authority receiving it abroad. Requirements vary by country and that receiving authority has the final word.
Because procedure on this document moves, confirm the current filing address, accepted formats and processing times on travel.state.gov’s Office of Authentications page and on the FBI’s Identity History Summary page in the same week you file. A page that was right last year is not a filing instruction.
Your next step
Call the state office this morning and establish whether your report has been returned and when. While you wait on that answer, email your consulate or programme office the one question that decides everything else: does their recency window run from the FBI issuance date or the apostille date. With those two facts you will know whether you are refiling the report you have or ordering a new one — and if you want the federal filing handled end to end at a flat $120 per apostille, all-inclusive, you can start an order with your report’s issuance date and destination country to hand.
Frequently asked questions
Can a state Secretary of State apostille an FBI background check?
No. An FBI Identity History Summary is signed and sealed by a federal official, and a state Secretary of State has authority only over documents produced under that state's authority, such as birth certificates, court records, notarised affidavits and corporate filings. Federal records must be authenticated by the US Department of State's Office of Authentications in Washington, DC. A state office that receives an FBI report will not process it.
What happens to my FBI report if I mailed it to the wrong office?
State offices generally return federal documents unprocessed rather than destroy them, but policy and return timing differ by state and we could not verify a uniform rule. Call the state office directly, give them your tracking number, and ask whether the package has been returned, whether any fee you paid is refundable, and what return address they used. Build the extra round trip into your deadline.
Should I notarise my FBI background check before sending it for an apostille?
No. The apostille attaches to the signature of the FBI official already printed on the report. Adding a notary stamp to a federal document does not create a state-apostillable record and can make the document unusable. Send the report exactly as the FBI issued it, with nothing added to it.
Does one apostille cover more than one country?
No. Section 4 of form DS-4194 requires you to name the country where each document will be used, and the apostille is issued for that named country. If you need the report for two countries, you need two copies of the report and two separate authentication requests. Order the extra copies from the FBI at the same time as the first.
How recent does my FBI check have to be?
Neither the FBI nor the US Department of State puts an expiry date on an Identity History Summary. The receiving country sets the window, commonly three or six months, and some programmes instead require issuance after a fixed cutoff date for that application cycle. Confirm with the consulate or programme office whether their clock runs from the FBI issuance date or the apostille date before you order.
Will the Department of State accept a PDF of my FBI report that I printed myself?
The FBI delivers results electronically after an electronic fingerprint submission, but acceptance of a self-printed copy is decided by the body receiving it, not by the FBI. Some programmes state plainly that emailed or printed PDFs are not accepted. Confirm the accepted format with the Office of Authentications and with your destination before you file, and request an FBI-mailed hard copy if there is any doubt.
Can I email or fax documents to the Office of Authentications?
No. The Office of Authentications works from physical documents only, submitted by mail or in person. Scanned, emailed or faxed copies cannot be authenticated. There is a per-document government filing fee for federal authentication, which is covered by our flat price when we file on your behalf.
Do I need a translation as well as an apostille?
Translation requirements come entirely from the destination, not from the US side. Some countries accept the English report with the apostille attached, some require a translation by a sworn or court-appointed translator produced in-country, and some require the translation to be certified separately. Check the specific consulate or receiving authority, because the rule also changes depending on whether you file in the US or after arrival.
Sources
- FBI — Identity History Summary Checks www.fbi.gov
- US Department of State — Office of Authentications travel.state.gov
- US Department of State — Apostille Requirements travel.state.gov
- HCCH — Apostille Convention Status Table www.hcch.net
- Maryland People's Law Library — Authentication of Documents for Use Abroad www.peoples-law.org
- JET Programme USA — FBI Identity History Summary Information jetprogramusa.org
- FBI Electronic Departmental Order (eDO) Portal www.edo.cjis.gov
- FBI Background Check Apostille – Orange County Apostille orangecountyapostille.org
- FBI Identity History Summary Apostille — Background Check www.federalapostille.org
- FBI Background Check – Federal Apostille and Notary Processing www.federalapostille.org