The Hague Apostille Convention

Apostille Convention Hague the Netherlands

The Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents (aka the Hague Convention, Apostille Convention, or Apostille Treaty) is an international treaty first signed in October 1961. By signing the treaty and joining the Hague Convention, a country agrees to recognize certain personal, commercial, and legal documents originating from other Hague Convention countries, provided they have been certified with a special type of international certification called an Apostille (pronounced ahh-POST-eel).

Countries not party to the Hague Convention, do not recognize the Apostille certification on U.S. documents as valid. To use a U.S. police clearance in that country for legal purposes, such as obtaining a visa, the document will need to be legalized through an alternate method known as Consular legalization.

Countries that accept an Apostille on U.S. documents* (Last updated September 2014)

A

Albania

Andorra

Antigua & Barbuda

Argentina

Armenia

Australia

Austria

 

Azerbaijan

B

Bahamas

Bahrain

Barbados

Belarus

Belgium

Belize

Bosnia & Herzegovina

 

Botswana

Brunei

Bulgaria

C

Cape Verde

Colombia

Cook Islands

Costa Rica

Croatia

Cyprus

Czech Republic

D-E

Denmark

Dominica

Dominican Republic

Ecuador

El Salvador

Estonia

F-G

Fiji

Finland

France

Georgia

Germany

Greece

Grenada

H-I

Honduras

Hong Kong

Hungary

Iceland

India

Ireland

Israel

 

Italy

J-L

Japan

Kazakhstan

Kyrgyzstan

Latvia

Lesotho

Liechtenstein

Lithuania

 

Luxembourg

M

Macau

Macedonia

Malawi

Malta

Marshall Islands

Mauritius

Mexico

 

Moldova

Monaco

Mongolia

Montenegro

N-O

Namibia

Netherlands

New Zealand

Nicaragua

Niue

Norway

Oman

 

P-R

Panama

Peru

Poland

Portugal

Romania

Russia

S

St. Kitts & Nevis

St. Lucia

St. Vincent & Grenadines

Samoa

San Marino

Sao Tome & Principe

Serbia

 

Seychelles

Slovakia

Slovenia

South Africa

South Korea

Spain

Suriname

 

Swaziland

Sweden

Switzerland

T-V

Tonga

Trinidad & Tobago

Turkey

Ukraine

United Kingdom

United States

Uruguay

Uzbekistan

Vanuatu

Venezuela

*This list may not reflect recent additions. If you do not see the destination country for your police clearance on this list, please check the Hague Convention Wikipedia page or call the Embassy of that country in the United States to confirm that it is not party to the Hague Convention.


Next steps

Learn how to obtain an Apostille for a state/local police clearance or FBI Check.

Tips for calling the Secretary of State office of authentications

Sample Secretary of State Apostille and Authentications Page

Usually you are able to find detailed information about document Apostille and non-Hague Convention certification procedures on the Secretary of State (SOS)’s website along with the address and contact information of the office that handles this work. But more often than not, finding out exactly what you need to have your document issued an Apostille or state certification will require a quick phone call to the office.

Below are the steps that you should take to ensure your document receives the proper certification.

Step 1: Call the office

Dial the number for the Apostille/authentication division of the Secretary of State. Let the receiver know that you are seeking information about having a document issued an Apostille or authenticated for use in a foreign country. Be prepared to hold for a few moments while he or she transfers you.

Step 2: Check the required certifications

When you reach the correct person, say you have a document that needs to be issued an Apostille or authenticated for a foreign country. Describe the police clearance you have; namely, the city, county, or state department that issued it, the name of the official who signed it, and the state commission of the notary if it is has been notarized.

If your police clearance has been notarized, ask if the document can be sent directly to the Secretary of State for Apostille/non-Hague Convention certification or if it requires certification by a County Clerk first.

Step 3: Understand the requirements

Ask the Secretary of State what documents are required to request the Apostille or non-Hague Convention certification (for example, a cover letter), as well as the cost, payment method, and estimated turnaround time to receive the authentication. The SOS office normally assumes you can come in person with the document – and I would recommend it if you can – however, there is usually also an option to request the Apostille or non-Hague Convention certification via mail.

Regardless of whether you present the document in person or send it by mail, the Secretary of State office will need the original signed or notarized document; photocopies are not eligible for Apostille or certification.

Requesting an Apostille or certification via mail will ordinarily take longer than in person, but you can try asking if expedited service is available for an additional fee. In my experience it usually takes an average of 1-3 weeks to have a police clearance issued an Apostille or certification via mail using the regular, non-expedited service.

Tip: Anyone can send your police clearance to the Secretary of State for Apostille or non-Hague Convention certification without any special authorization from you. If you are not in the United States or otherwise unable to complete this step, you can ask a friend/relative or hire a document authentication company to send your document to the SOS office on your behalf.

Step 4: Ask about mailing options

If you are mailing the document to the SOS, they usually require you to submit a self-addressed return prepaid/stamped envelope for them to mail it back to you. Standard First-Class Mail from the US Postal Service takes 1-3 business days, but cannot be tracked.

For added security and faster delivery, ask if it’s possible to send the SOS a prepaid envelope from a courier like FedEx, UPS, or even USPS Priority/Express Mail to send your document back to you. Sending your own envelope will help ensure you get the document faster, and you can also track the package every step of the way for added peace of mind. See my tips for mailing documents page for more recommendations.


Next steps

If your police clearance is for a non-Hague Convention country, you’ll want to check the Consulate’s legalization requirements.

How to Apostille a state or local U.S. police clearance

Need an Apostille for your police clearance?

Sample Maryland Secretary of State Apostille

Apostille and Consular authentication are the two methods of authenticating a U.S. police clearance so it will be considered valid abroad. Countries that accept Apostille have signed an international treaty called the Hague Convention. If the country where you will be using the document is not listed among the current 100+ Hague Convention parties, the document will require authentication by the Consulate/Embassy of the country in the United States instead.

To be eligible to receive an Apostille by a Secretary of State (SOS), a proper state or local police clearance should be issued on official police letterhead and stamped or signed by someone in the department. (Federal documents, such as FBI Identity History Summary Checks, need to be presented to the U.S. Department of State Office of Authentications for Apostille.)

There is a Secretary of State office in all 50 states, Puerto Rico, Guam, and the District of Columbia. Each office can only Apostille certain documents signed or notarized in their jurisdiction. Most of the time, the police clearance you receive directly from a police department or sheriff’s office is not immediately eligible for an Apostille without first being notarized by a Notary Public.

A Secretary of State can issue an Apostille for an un-notarized police clearance if and only if the SOS office regularly certifies the state or county official who signed it – a distinction you’re unlikely to know unless you check with the Secretary of State authentication office ahead of time. You can find the phone number for each Secretary of State’s office on their website, which should also list the fees and requirements to obtain an Apostille on documents in person or by mailing it in.

Also check if you need County Clerk certification first

This county clerk certification page is certifying the signature of a notary public from Anne Arundel County, Maryland. This document is then ready to be taken to the Maryland Secretary of State for Apostille or non-Hague Convention country certification.

If the Secretary of State officer you call tells you that your police clearance to be notarized before the office will issue the Apostille, there’s also a chance that the notarized document needs one more level of certification first. Based on where your police clearance was notarized, the Secretary of State may require the document to be certified by a County Clerk (the clerk of the county where the notary is registered) before it can receive the Apostille at the Secretary of State office. Again, if you have any doubts as to whether your police clearance needs County Clerk certification, it’s best to confirm with the Secretary of State.

As a final tip, I would strongly suggest having the document notarized in the same county as the Secretary of State authentication office if you also need County Clerk certification. In some states the local County Clerk office may be located in the same building as the Secretary of State. You can usually find the phone number of a County Clerk office online if you need to inquire about their fees and procedures.

How to Apostille your state/local clearance in 5 steps:

  1. Ensure your police clearance is properly notarized or signed by a state, county, or city officer on file with the Secretary of State.
  2. Check with the Secretary of State if your police clearance needs County Clerk certification. If so, have the document certified by the appropriate authorities.
  3. Present the document to the Secretary of State Office for Apostille. Make sure to indicate the country where the document will be used.
  4. Confirm the document has the correct Apostille page and not the certification page used for non-Hague Convention countries.
  5. Congratulations, your police clearance is ready to be used in all Apostille Convention counties!

Want more guidance?

Check out my tips for calling the Secretary of State.

What is an Apostille?

Sample Maryland Secretary of State Apostille

Apostille (ahh-POST-eel) is a special type of international certification for police clearances and other personal, commercial, or legal documents so that they may be used in other countries. There are over 100 countries that currently accept the Apostille on U.S. documents; the rest have a different certification procedure known as Consular Authentication (also called Embassy legalization or attestation).

Regardless of whether the Apostille is issued by one of many Secretary of State offices in the United States or the U.S. Department of State Office of Authentications, the special certification will come in the form of a separate page attached to the original police clearance. Sometimes, for added security, the Apostille page will be riveted to the document, decorated with a seal, or printed on special paper.

Even if it is only printed on a standard plain white piece of paper, the Apostille page will always state Apostille and Convention de La Haye du 5 octobre 1961, a reference to the treaty from which this international certification originated, as well as the name of the official or notary signed the document, the date it was issued, and the signature of the issuing Secretary of State official. If this information is not on the Apostille page, you know something was done incorrectly.

Once a document has been properly given the Apostille at any office, state or federal, it is ready for use in any Hague Convention country. It’s important to know that state and local police clearances that have been issued an Apostille at the state level by a Secretary of State are not presented to the US Department of State for federal Apostille, as the US Department of State issued Apostille is only valid for federal documents, like FBI Identity History Summay Checks.

It’s also important to keep in mind that the Apostille does not validate the contents of a police clearance, only the signature of the official or notary who signed it. This means that a police clearance notarized in a state other than where it was issued is still eligible to receive the Apostille from a Secretary of State. The only difference is that the Apostille page will be from the Secretary of the State from of the notary’s commission, not the Secretary of State where the document was issued. But while it would technically valid for a Texas state police clearance to be notarized and issued an Apostille in California for example, I would always recommend obtaining the Apostille in the same state where the document was issued. Some countries may not accept it, plus, it just looks more proper that way.


 

Next steps

Learn how to have your state/local police clearance issued an Apostille at the Secretary of State or FBI Check issued an Apostille at the U.S. Department of State.

How to obtain your FBI Identity History Summary Check (if you’re abroad)

Even if you’re abroad, it’s still possible to retrieve your FBI report without having to return to the United States to be fingerprinted or pay for an expensive third-party service to retrieve it. You will need:

  1. Your fingerprints taken on the official FD-258 Card (2 sets if possible)
  2. Completed FBI order form/FBI Channelor’s form
  3. Payment
  4. Mailing address where FBI Check will be sent (must be C/O of you or your attorney if using a Channelor)

Step One: Obtaining the fingerprints

ample Fingerprints FD-258 for FBI Identity History Summary Check

Having your fingerprints taken overseas isn’t as easy as it is in the States, especially because you need them taken on the FD-258 card. While this card is commonly found at most U.S. law enforcement offices, it’s much rarer abroad. If you are overseas, you’ll most likely have to print out the pdf of the card yourself and take it with you to the office to be fingerprinted.

You will want to print the FB-258 card on the heaviest (thickest), most cardboard-like paper possible. Printing it on standard printing paper will not work because it does not capture fingerprints very well, and if the fingerprints cannot be read you will not be issued the FBI report. That is also why you should send two sets of fingerprints just in case.

Fingerprints can be taken at any major law enforcement agency in the country where you are located. If you don’t know of one where you are, the closest American Consulate is a good place to begin your inquiry. You can check the website of the Consulate or contact them and ask if they provide fingerprinting services. Even if they do not, they should be able to point you in the direction.

Step Two: Completing the FBI or FBI Channelor’s form

FBI Identity History Summary Check Request Form

You have the option of requesting the report directly from the FBI or using a FBI-approved Channeling Service. The Channeling Service is a private company that can issue the report faster for an additional fee. Although there are currently 13 FBI-Channelors listed on the FBI website, only the Channelors National Background Check, Inc. in Ohio and My FBI Report in California offer a mail-in service to retrieve the type of FBI report that can be issued an Apostille or legalized by a Consulate.

There is a significant advantage to using a FBI Channeling service if you’re overseas and need your FBI Check fast. However, you cannot use a FBI-Channelor and must go directly through the FBI if:

You are not a U.S. citizen or lawful permanent resident. The Channelor will deny your request for a FBI Check you check the box on the Channelor’s form that you are not a U.S. citizen or permanent resident.

You want the FBI Check sent to someone else (other than your attorney). For the Channelor to mail the document C/O your attorney you will need to submit a signed released form on the attorney’s letterhead with both of your signatures. Otherwise, your FBI Check must be mailed C/O you.

You want the FBI Check send to a foreign address. FBI Channelors cannot send Identity History Summary Checks to addresses outside the United States.

While The FBI only sends results via First-Class USPS mail, Channelors can send them through a faster, more secure shipping method for an additional fee. Keep in mind that if you are using a Channelor the mailing address doesn’t necessarily have to be your home address, but it must be C/O your name. If you want you can have the Channelor mail the results to your old address in the United States, provided you have someone there to receive it, or you can instruct them to send it to the address of a friend or relative C/O of your name as if it was your address.

If you write a mailing address other than your own on the Channelor’s form, this will also be the address printed under your name at the top left corner of the FBI report. You avoid this problem by requesting the FBI Check from the FBI directly.

Step Three: Mailing the documents to the FBI or Channelor

Before mailing your package to the FBI or Channelor, make sure you have completed the FBI request form correctly and have the correct payment prepared. You may want to write on the form that you need the document for a foreign country as an extra assurance that the correct report will be issued. I would recommend sending the document via a traceable courier method such as USPS Priority or Express mail or a private parcel company.

Step Four: Having the FBI report legalized and mailed to you

If you just need the FBI Report you can have your friend mail it back to your address overseas. Chances are, however, that you also need the FBI Report legalized and/or issued an Apostille in the United States.

The only entity that can issue an Apostille for FBI reports is the US Department of State authentication office in Washington DC. If you need the report legalized for a non-Hague Convention country, you will probably need to send the report to this office first before the Consulate will legalize it.

If your friend or relative owes you a favor in the States, now is the time to cash in. If your FBI Report will be used in a Hague Convention country and needs an Apostille, ask the person receiving your FBI report if they can mail it to the US Department of State along with the correct money order and prepaid return envelope addressed to you overseas. If your friend or relative lives near where the USODS office is DC, he or she could also take the document in person, pick it up after its been given an Apostille, and then mail it you overseas.

On the other hand, if your document will be used in a non-Hague Convention country, the Consular legalization will most likely be a two-step process. First the document will need to be authenticated at the US Department of State, then it will need to be stamped by the correct Consular Officer. In this case, your friend/relative will need to mail the document to USDOS with a prepaid envelope addressed to him or her. After the USDOS step is completed, the document will need to be mailed to the Consulate with a return label addressed to you. Or, your friend could again go to these offices in person.


Next steps

You may also need your FBI Check translated into another language.

How to obtain your FBI Identity History Summary Check (for visas and other international purposes)

Sample FBI Identity History Summary Check

Unless you’re abroad, the procedure to request a federal police clearance or criminal background check (aka FBI Identity History Summary Check) is straightforward and simple, more so than local or state police clearances. The only real drawbacks are the long wait for the FBI to send you the document and the necessity of mailing-in your fingerprints.

Obtaining your FBI Identity History Summary Check is as simple as following the directions on the FBI website. Fill out the FBI’s request form with your U.S. mailing address, send in your fingerprints, form, and $18 payment to the West Virginia address provided, and you should receive the official report on gray paper, ready for Apostille or Consular legalization, in about 30-40 days.

The most important step in this process is planning ahead. If you know you need a FBI Check with an Apostille, you should budget about 4-6 weeks for the retrieval and about another week for the Apostille. Consular legalization tends to take a little longer, about two weeks, depending upon the Consulate.

If you need your FBI Report faster, you can pay extra for a FBI-approved Channeling service to expedite your request. In that case, you would either need to go to the Channelor to be fingerprinted, or send your fingerprints, payment, and request form to the Channelor by mail. The Channelor can issue your FBI report in as little as one day to a few weeks depending on the amount you pay and the service type you request.

To retrieve the FBI Check, you will need:

  • Your fingerprints taken on the official FD-258 Card (2 sets if possible)
  • Completed FBI order form/FBI Channelor’s form
  • Payment
  • Mailing address where your FBI Report will be sent (must be C/O of you or your attorney if using a Channelor)

Step One: Obtaining the fingerprints

Sample Fingerprints FD-258 for FBI Identity History Summary Check

Having your fingerprints taken while you are in the United States is relatively easy. Your fingerprints can be taken at most law enforcement agencies that offer ink-based or live scan services or by a FBI-Channelor. It’s wise to call the office in advance and schedule an appointment because offices often only do fingerprinting at certain times.

The FBI/Channelor only accepts ink-based fingerprints taken on the FD-258 card, so you want to confirm they have it available, otherwise, you should print out the PDF of the card yourself and take it with you when you are fingerprinted.

You will want to print the FB-258 card on the heaviest (thickest), most cardboard-like paper possible. Printing it on standard printing paper will not work because it does not capture fingerprints very well, and if the fingerprints cannot be read you will not be issued the FBI report. That is also why you should send two sets of fingerprints just in case.

Step Two: Completing the FBI or FBI Channelor’s form

FBI Identity History Summary Check Request Form

You have the option of requesting the Identity History Summary Check directly from the FBI or using a FBI-approved Channeling Service. The Channeling Service is a private company that can issue the report faster but their rates are more expensive. Although there are currently 13 FBI-Channelors listed on the FBI website, only the Channelors National Background Check, Inc. in Ohio and My FBI Report in California offer a mail-in service to retrieve the type of FBI report that can be issued an Apostille or legalized by a Consulate.. However, you cannot use a FBI-Channelor and must go directly through the FBI if:

You are not a U.S. citizen or lawful permanent resident. The Channelor will deny your request for a FBI Check you check the box on the Channelor’s form that you are not a U.S. citizen or permanent resident.

You want the FBI Check sent to someone else (other than your attorney). For the Channelor to mail the document C/O your attorney you will need to submit a signed released form on the attorney’s letterhead with both of your signatures. Otherwise, your FBI Check must be mailed C/O you.

You want the FBI Check send to a foreign address. FBI Channelors cannot send Identity History Summary Checks to addresses outside the United States.

While The FBI only sends results via First-Class USPS mail, Channelors can send them through a faster, more secure shipping method for an additional fee. Keep in mind that if you are using a Channelor the mailing address doesn’t necessarily have to be your home address, but it must be C/O your name.

If you write a mailing address other than your own on the Channelor’s form, this will also be the address printed under your name at the top left corner of the FBI report. You avoid this problem by requesting the FBI Check from the FBI directly.

Step Three: Mailing the materials to the FBI or FBI Channelor

Before mailing your package to the FBI or Channelor, make sure you have completed the FBI request form correctly and have the correct payment prepared. You may want to write on the form that you need the document for a foreign country as an extra assurance that the correct report will be issued. I would recommend sending the document via a traceable courier method such as USPS Priority or Express mail or a private parcel company.

Step Four: Having the FBI check legalized

S Department of State Federal Apostille Sample

If you just need the FBI Check without any legalization or Apostille, then you’re done once you receive it. However, if you need the FBI Report to be issued an Apostille, the only entity that can do either is the U.S. Department of State authentication office in Washington DC.

If you need the report legalized for a non-Hague Convention country, you will probably need to send the report to the office first before the Consulate will legalize it.


 

Next steps

You may also need your FBI Check translated into another language.

Should I get a FBI Identity History Summary Check or state/local police clearance?

The two types of U.S. police clearances - FBI report (left) and a city police clearance from Washington DC

Some countries will ask you to obtain a specific type of police clearances, such as an FBI Identity History Summary Check, but if you are just being asked to obtain a generic police clearance from the United States, chances are that either a federal, state, or local one will be fine. Each option its own set of advantages and disadvantages. While certain U.S. police clearances may work better for you than others, what you choose is ultimately up to you.

Best option: FBI (federal) police clearances

When in doubt, I most recommend retrieving an Identity History Summary Check from the Federal Bureau of Investigation (FBI). These federal criminal record checks are the most comprehensive U.S. police clearances you can get and, coming from the FBI, they look very official, which cannot always be said for state/local police clearances. FBI Checks are also relatively inexpensive ($18) and tend to be the easiest police clearances to legalize at a foreign Consulate or Apostille. Based on how the U.S. government functions, federal documents require fewer levels of certification than documents issued at the state, county, or city level. Many foreign countries specifically request that you retrieve a FBI Check to obtain your visa or submit one in conjunction with a state or local check. FBI Checks do not necessarily reveal a person’s conviction record at the state or local level.

The trouble with FBI Checks is that they take a very long time to retrieve, an estimated 4-6 weeks if you use the FBI’s regular service. You are able to retrieve them faster if you pay more to a FBI-approved Channeling Service, but that will cost you approximately $30-$100 extra depending upon how quickly you need it. In addition, to get your FBI Check will need to submit a set or two of you fingerprints or be fingerprinted at an approved Live Scan location. This step can be difficult to complete, especially if you are already overseas. State/local police clearances can often be issued without your fingerprints.

Alternative: State/local police clearances

If you are in a hurry and/or don’t want to deal with the hassle of fingerprints, then retrieving a state, county, or city police clearance from a local police department may be a better option. Not all Consulates look closely at where your police clearance is from so you can probably get away with submitting a police clearance from a state, county, or city other than where you lived to obtain your work or residency visa. Even so, I would strongly advise against doing this for obvious reasons.

Like the FBI, many state or local police departments require your fingerprints to issue your police clearance. Some, however, provide the option of running a what is often called a “name-based check” using your name, birthday, and social security number instead. I would definitely recommend using this option if available as the requirements to retrieve a name-based police clearance are usually less strict and turnaround time much faster than fingerprint-based ones. Be that as it may, it’s important to note that named-based checks tend to look less official than other police clearances and come with more disclaimers since there is less proof of identity.

Non-federal police clearances in general have two main weaknesses compared to FBI Checks. First, state and local clearances cover only a select jurisdiction within the U.S. while the FBI Check shows criminal history for all federal crimes. If the country for which the document is destined is particularly strict, you may need to retrieve a police clearance from all the places you lived in the United States. Secondly, the Apostille or Consular legalization procedure tends to be more time-consuming and complex for these clearances as opposed to FBI Checks. State/local clearances typically have to be notarized by a Public Notary and then certified by a Secretary of State while FBI Checks do not.

Hiring a third party to retrieve your police clearance

If you are overseas, extremely busy, in a rush, or otherwise barred from obtaining your own police clearance, another option is to have your friend, relative, lawyer, or professional document retrieval company retrieve it for you. Keep in mind that whoever helps you retrieve your police clearance will have access to some of your most sensitive personal information, such as your full name, social security number, birthdate, and criminal record. If you can’t retrieve your police clearance yourself, I would strongly advise asking someone you trust and using a document authentication company only as a last resort.


Next steps

For more information, see my introduction to retrieving your police clearance.