State vs. Federal Apostille: Which Office Does Your Document Need?

The short answer

An apostille is issued by the government office that can verify the signature on your document. Documents signed by state, county, city or court officials, and documents notarized in a state, are apostilled by that state. Documents signed by federal officials, such as FBI background checks and records from federal agencies, are apostilled by the U.S. Department of State in Washington, D.C. Sending a document to the wrong office is one of the most common reasons apostille requests are rejected, and it can cost weeks.

Why there are two kinds of apostille

Under the Hague Apostille Convention, each country designates the authorities that issue apostilles. The United States designated the U.S. Department of State for federal documents and each state's Secretary of State, or equivalent office, for that state's documents. In Massachusetts, that office is the Secretary of the Commonwealth. Each authority can only certify signatures it has on file: a state office can confirm the signature of its town clerks, court officials and notaries, but it has no record of an FBI official's signature, and the reverse is also true.

Which office handles your document

How a state apostille works in Massachusetts

The Massachusetts Secretary of the Commonwealth issues apostilles for public documents issued in Massachusetts and for documents notarized by Massachusetts notaries. The office checks the signature of the clerk, court official or notary against its records and attaches the apostille. For countries that are not members of the Apostille Convention, the office issues a certification instead, and the document then continues to the U.S. Department of State and the destination country's embassy. See How to Get an Apostille in Massachusetts.

How a federal apostille works

Federal documents are apostilled by the U.S. Department of State's Office of Authentications. The document must carry the original signature of the federal official, and it must not be notarized or altered. Mail-in processing often takes several weeks. Our DC Satellite Office submits federal documents in person, which is usually the fastest route when a deadline is close. See Federal Document Apostille and U.S. Department of State Authentication.

Documents that cause confusion

• FBI background checks. Always federal. Never have an FBI check notarized: a notarization turns it into a state document that most countries will not accept. See Does an FBI Background Check Need Notarization?.
• State police background checks. A Massachusetts CORI is a state record, apostilled by Massachusetts, not the federal government.
• U.S. passports. A passport is a federal document, but many countries accept a notarized, certified copy apostilled by the state where it was notarized. See Certified Passport Copies.
• Naturalization certificates. Federal law restricts copying them. Ask the receiving office what it will accept before doing anything with the certificate.
• Documents from other states. A New York birth certificate is apostilled by New York, even if you live in Massachusetts. See Documents From Other States.

What if you need both?

Many applications combine state and federal documents. A residency visa might require an FBI check, which is federal, plus birth and marriage certificates, which are state documents. We route each document to the right office at the same time and return the complete set together, so one slow document does not hold up the rest.

Countries outside the Apostille Convention

For countries that do not accept apostilles, such as the United Arab Emirates, Egypt, Kuwait, Qatar and Jordan, the chain is longer but follows the same logic. A Massachusetts document receives a Massachusetts certification, then authentication by the U.S. Department of State, then legalization by the destination country's embassy or consulate. A federal document goes directly to the U.S. Department of State for authentication, then to the embassy. Some countries, such as the UAE, now complete their part through a digital foreign ministry process. See Embassy Legalization and Digital MoFA Legalization.

How we decide the route for each document

1. We identify who signed the document and in what capacity: a clerk, a court, a notary or a federal official.
2. We confirm the destination country and whether it accepts apostilles.
3. We check the receiving office's instructions for recency, translation and copies.
4. We file state documents in person in Boston and federal documents through our DC Satellite Office.
5. We return the complete set together, with tracking.