US Background Check from Outside the United States: State, Federal, and Apostille

A complete guide to obtaining FBI and state-level criminal background checks, apostille certification, and certified translation without traveling to America

If you have lived in the United States, hold or have held US citizenship, or have a history of residence in a particular American state, you may find yourself needing an official US background check for purposes that arise after you have left the country. Immigration applications, professional licensing, citizenship by naturalization in another country, employment in the financial or legal sector, real estate transactions, and family court proceedings are among the most common situations in which a US criminal record certificate becomes a requirement.

Obtaining this document from outside the United States is not straightforward. The process involves fingerprinting, submission to the relevant federal or state authority, follow-up with local law enforcement, apostille certification, and in many cases certified translation into a foreign language. Each of these steps has its own procedural rules, and the chain can break down at any point without proper coordination.

At Bayraktar Attorneys, we manage this entire process on behalf of clients located anywhere in the world, including Turkey and across Europe and the Middle East. You do not need to travel to the United States. We handle everything from fingerprint collection through to the delivery of a fully apostilled and, where required, certified-translated document.

1. Federal vs. State: Understanding the Two Levels of US Background Checks

The United States does not have a single national criminal record system. Criminal records in America are held at two distinct levels, and they are not automatically consolidated. Depending on what is required of you, you may need one or both.

1.1. The FBI Background Check (Federal Level)

The Federal Bureau of Investigation maintains the Interstate Identification Index (III), a database of criminal history records submitted by law enforcement agencies across the country. An FBI background check, formally known as an Identity History Summary, searches this federal database and produces a record of any federal-level arrests, charges, and convictions associated with your fingerprints.

FBI background checks are commonly required for:

• Immigration and visa applications involving the United States or third countries that require a US clearance

• Naturalization applications in countries that require a certificate of good conduct from all previous countries of residence

• Professional licensing in regulated industries such as law, finance, healthcare, and security

• Adoption proceedings in jurisdictions that require international background checks

The FBI's own direct-submission channel exists, but it is slow and involves mailing original fingerprint cards to the United States with a wait of several weeks. For clients with time-sensitive requirements, we work through our US-based partners who can significantly accelerate the process.

1.2. State-Level Background Checks

Many criminal records in the United States are held only at the state level and are not reported to the FBI's federal database. This means an FBI background check alone may not capture incidents that occurred at the state level, particularly minor offenses, arrests without conviction, or cases processed entirely through a state court without a federal component.

State background checks are obtained from the relevant state agency, which varies by state but is typically the state police, department of public safety, or a designated bureau of criminal investigation. Some states route these requests through local police departments or county sheriff offices.

A state-level background check is typically required when:

• The requesting authority (such as a foreign immigration authority or employer) specifically requires a record from a particular state where you lived or worked

• The FBI check returns no record but the requesting authority requires confirmation at the state level as well

• You have a specific history in one or more states and need to address that record specifically

• The destination country's requirements specify a state-level certificate rather than, or in addition to, a federal one

1. The Process: From Fingerprinting to Delivery

Obtaining a US background check from outside the United States involves a defined sequence of steps. Each step has specific requirements, and errors at any stage can require the process to be restarted. We manage each of the following on the client's behalf.

Step 1: Fingerprinting on an FBI-Compliant Card

Both federal and state background checks in the United States require fingerprints. These must be taken on a standard FD-258 fingerprint card, which is the FBI's official fingerprint submission card. The prints must be of acceptable quality: smudged, incomplete, or incorrectly rolled prints are a common reason for rejection.

We arrange for fingerprinting to be carried out locally, either at our offices in Istanbul or through a network of authorized fingerprinting locations, depending on the client's location. The completed, signed FD-258 or other cards are then submitted to the relevant US authority as part of the background check application.

Step 2: Submission to the Federal or State Authority

Once the fingerprint card is completed, it is submitted to the relevant authority alongside the required application form, consent documents, and the applicable fee.

For federal (FBI) checks, the application is submitted to the FBI's Criminal Justice Information Services (CJIS) Division.

For state-level checks, the application goes to the designated state agency. Each state has its own submission requirements, processing fees, and timelines, and some states impose residency or other eligibility requirements that must be addressed in the submission. We have established submission procedures for the states most commonly involved in international requests.

Step 3: Processing and Follow-Up

Processing times at both the federal and state level vary. Standard FBI processing takes several weeks. State processing times range from a few days to several months, depending on the state and its current backlog.

Where the client is working to an external deadline (an immigration submission, a visa appointment, a citizenship ceremony), we actively follow up with the relevant authority and, where available, use expedited processing channels through our US-based partners. For certain states, our partners are able to submit walk-in applications directly at the relevant agency, which dramatically reduces processing time compared to postal submissions.

Step 4: Apostille Certification

Once the background check document is issued, it will typically need to be apostilled before it is accepted by a foreign authority. An apostille is a form of international certification established under the Hague Convention of 5 October 1961 (the Apostille Convention), which confirms the authenticity of the document's issuing authority for use in another member state of the Convention.

For US background check documents, the apostille is issued by the Secretary of State of the relevant state (for state-level documents) or by the US Department of State (for federal-level documents).

There is a critical point that many clients are not aware of: an apostille issued for use in a specific country is not automatically valid for use in a different country. If you obtain an apostille intended for use in Italy and subsequently need to use the same document in Turkey or Germany, a new apostille may be required. We ensure that the apostille obtained is appropriate for the specific country where the document will be used.

Step 5: Certified Translation

Where the background check certificate will be submitted to an authority in a country whose official language is not English, a sworn or certified translation is required. The translation must be produced by a certified translator recognized by the relevant authority.

We arrange certified translations of US background check documents into Turkish, Italian, French, German, Arabic, and other languages as required. The translation is produced together with the apostilled original and delivered as a single coordinated package, ready for submission to the relevant authority.

1. Apostille: What You Need to Know

The apostille process for US criminal record documents deserves particular attention, because it involves more complexity than is often appreciated.

State-Level vs. Federal Apostille

A state-level document (such as a criminal record certificate from the California Department of Justice or the New York State Division of Criminal Justice Services) is apostilled by the Secretary of State of that specific state, not by the federal Department of State. This distinction matters because the application must go to the correct authority, and submitting to the wrong body will result in rejection and delay.

Country-Specific Apostilles

Some US state Secretaries of State issue apostilles that specify the destination country on the apostille itself. While under the Hague Convention an apostille is generally valid for use in any member state, in practice some foreign authorities look at the stated destination on the apostille and may raise questions if it differs from the country where the document is being submitted. We ensure the apostille is obtained in the correct format for the intended destination from the outset.

The Walk-In Advantage

Apostille applications submitted by post or through online intermediaries are processed in queue order and can take several weeks. Our US-based partners are able to submit apostille applications in person at certain Secretary of State offices, which allows walk-in or same-day apostille processing in a number of states. For clients working to tight deadlines, this service can be the difference between meeting and missing a critical submission window.

1. Which States Are Most Commonly Requested?

While we handle background check requests from all US states, the following are the states most frequently involved in international requests, either because of their large populations of international residents or because of specific requirements imposed by particular foreign authorities:

Where a client has lived in multiple US states, we can coordinate simultaneous or sequential requests to all relevant states, managing the process as a single consolidated engagement rather than requiring the client to handle each state separately.

1. Common Situations Where This Service Is Required

Turkish Citizenship or Residence Permit Applications

Foreign nationals applying for Turkish citizenship through five years of residence, or for certain categories of residence permit, are typically required to provide a certificate of good conduct from every country in which they have previously resided for a significant period. For those with US residence history, this means obtaining either an FBI background check, a state-level check, or both, depending on the specific requirements of the Turkish Immigration Directorate or the naturalization commission.

EU Citizenship by Descent

Applicants for Italian, Greek, or other EU citizenship through descent (jure sanguinis or similar) who have lived in the United States are regularly required to provide a US background check, apostilled and translated into the language of the relevant EU member state. Italian consulates in particular are systematic in requiring both a federal FBI check and a state-level check for each state of US residence.

Employment and Professional Licensing

Many regulated professions in Turkey, the UAE, and elsewhere require disclosure of criminal records from all countries of previous residence or citizenship. Employers in the financial services, legal, and healthcare sectors, as well as government agencies, frequently impose this requirement as a condition of appointment.

Family Court Proceedings

Adoption proceedings, custody disputes with an international dimension, and other family court matters in Turkey and elsewhere may require a US background check as part of the documentation required by the court.

1. Our Service: End-to-End Management Without Traveling to the US

We manage the entire background check process on the client's behalf, from first instruction through to delivery of the final document. The client does not need to travel to the United States at any stage. The key elements of our service are:

• Assessment of whether a federal (FBI) check, a state-level check, or both are required for the client's specific purpose

• Arrangement of fingerprinting on an FBI-compliant FD-258 card, either at our Istanbul office or at a suitable location for the client

• Preparation and submission of the application to the FBI CJIS Division or the relevant state agency

• Active follow-up and, where available, use of expedited walk-in submission channels through our US partner network

• Apostille certification through the US Department of State or the relevant state Secretary of State, using in-person submission where speed is required

• Certified translation of the apostilled document into the language required by the destination authority

• Coordination of all steps as a single managed engagement, with regular updates to the client

Frequently Asked Questions

1. Do I need to travel to the United States to obtain a US background check?
2. Do I need to travel to the United States to obtain a US background check?

No. The entire process can be managed from outside the United States. Fingerprinting is arranged locally, and all submissions, follow-up, apostille, and translation are handled by our team and US-based partners. You do not need to visit a US embassy, consulate, or government office.

1. What is the difference between an FBI background check and a state background check?
2. What is the difference between an FBI background check and a state background check?

An FBI background check searches the federal Interstate Identification Index and captures records that have been reported to the federal database by participating state and local agencies. A state background check is obtained directly from the relevant state authority and may include records that were never reported to the federal system, particularly minor offenses or cases handled entirely at the state level. Many foreign authorities require both a federal and a state check for each state of US residence.

1. What fingerprint card is required?
2. What fingerprint card is required?

Both federal and state US background checks require fingerprints on an FD-258 fingerprint card, which is the FBI's standard submission card. The prints must be physically inked and rolled, not digital. We arrange fingerprinting on the correct card at our offices or through authorized locations.

1. How long does the process take?
2. How long does the process take?

Timelines vary depending on the authority involved and whether expedited processing is available. FBI processing typically takes several weeks through standard channels. State processing times range from a few days to several months depending on the state. Where we use our US partner network for walk-in submission at state agencies or Secretary of State offices, processing can be significantly faster than postal submission. We provide realistic timeline estimates at the outset based on the specific states and type of check required.

1. What is an apostille and why is it required?
2. What is an apostille and why is it required?

An apostille is an international certification established under the Hague Apostille Convention of 1961 that confirms the authenticity of a document's issuing authority for use in another member state. Most foreign immigration, citizenship, and licensing authorities will not accept a US background check document unless it has been apostilled by the appropriate US authority, either the Secretary of State of the relevant state (for state documents) or the US Department of State (for federal documents).

1. Can I use the same apostilled document in multiple countries?
2. Can I use the same apostilled document in multiple countries?

Under the Hague Convention, an apostille is generally valid for use in any member state. However, some US state Secretaries of State specify the destination country on the apostille, and some foreign authorities scrutinize this. If you need to use the same background check in more than one country, we advise on the most practical approach, which may mean obtaining separate apostilles or ensuring the original apostille is obtained in a format accepted by all intended destinations.

1. I lived in multiple US states. Do I need a separate check for each?
2. I lived in multiple US states. Do I need a separate check for each?

This depends on what the requesting authority requires. Many foreign immigration and citizenship authorities require a background check from every US state in which you resided for more than a specified period. We assess the specific requirements of the relevant authority and coordinate simultaneous or sequential requests to all necessary states as a single managed process.

1. Can the apostilled document be translated for use in Turkey, Italy, or another country?
2. Can the apostilled document be translated for use in Turkey, Italy, or another country?

Yes. Once apostilled, the document can be translated by a sworn or certified translator into the language required by the destination authority. We provide certified translations into Turkish, Italian, French, German, Arabic, and other languages. The translation is delivered together with the apostilled original as a single complete package ready for submission.

Conclusion

Obtaining a US background check from outside the United States is a multi-step process that involves coordinating between fingerprint collection, federal or state submission, apostille certification, and translation, across two countries and multiple authorities. Each step has its own procedural requirements, and errors at any stage can require the process to restart from the beginning.

At Bayraktar Attorneys, we manage this process end-to-end on behalf of clients who have lived in or hold ties to the United States and now need to produce this documentation for Turkish, European, or other international purposes. We bring in-country knowledge of US procedures, an established US partner network for expedited submissions, and experience in apostille and translation requirements for the specific countries and authorities most commonly involved.

If you need a US background check, FBI clearance, state criminal record certificate, apostille, or certified translation for use in Turkey or elsewhere, please contact us to discuss your situation and timeline.