Police Clearance Certificate is an official document issued by the internal affairs or justice authorities confirming that a person currently has no criminal record and is not wanted in connection with a criminal case. Alternatively, any previous criminal records have already been expunged.
Police Clearance Certificate may often be required in the following situations:
- Obtaining a visa;
- Applying for a temporary residence permit;
- Applying for a residence permit;
- Obtaining citizenship;
- Employment;
- Admission to an educational institution;
- Background checks for adoption and guardianship;
- Providing evidence in court;
- Entering into marriage.
What is a Police Clearance Certificate in the USA?
The United States occupies a special position among countries that issue Police Clearance Certificates. In the USA, a Police Clearance Certificate is officially referred to as an “Identity History Summary Check”. It is also known as a “Rap Sheet” or a “Certificate of Good Conduct”.
There are two parallel systems for obtaining such certificates. They can be obtained either from the relevant state authorities (the responsible authority may vary from state to state, but it is most often the state Department of Police or state Department of Justice), or from the Federal Bureau of Investigation (FBI), which is part of the Department of Justice. The term “Identity History Summary Check” is generally used specifically for certificates issued by the FBI.
Accordingly, information about criminal records is stored in state databases and in the FBI’s Criminal Justice Information Services (CJIS) Division database.
Applicants most often contact the FBI, as this agency issues federal-level certificates, while state authorities provide certificates covering only their respective jurisdictions. However, it is best to check with the organization to which you plan to submit the certificate to determine exactly which type is required in your particular case.
The retention of information on criminal activity and the issuance of Police Clearance Certificates in the USA are regulated by 28 U.S.C. § 534(a), 34 U.S.C. § 20962, Department of Justice Order No. 556-73, as well as other legal and regulatory acts.
The system for issuing Police Clearance Certificates in the USA is more complex than in most other countries. The process cannot be completed entirely by power of attorney, as it involves fingerprinting.
A Police Clearance Certificate is a paper document generated on the basis of records held by the FBI or an authorized agency of a particular state. In terms of format, such certificates are more like official letters than certificates issued in many other countries. The document is issued in English.
Important note: “Identity History Summary Checks” are not intended for employment or obtaining certain licenses in individual states. In such cases, special certificates from the identification bureau of the relevant state are generally required. The designated authority varies from state to state: for example, in California, it is the Bureau of Criminal Information and Analysis of the Department of Justice; in Texas, the Department of Public Safety; and in New York State, the Record Review Unit of the Office of Criminal Justice Operations.
Accordingly, there are two main types of Police Clearance Certificates in the USA:
- “Identity History Summary Checks” issued by the FBI;
- Certificates issued by authorized state-level identification bureaus (which may, in turn, differ in format and purpose).
The certificate is a document containing the person’s first and last name, Social Security number, date, and the results of the background check.
Both types of certificates can be apostilled for use abroad.
How to obtain a Police Clearance Certificate in the USA
There are three main ways to obtain a Police Clearance Certificate from the FBI in the USA:
- Through an online application;
- By post;
- Through an FBI-Approved Channeler.
Police Clearance Certificate through an online application
To obtain a Police Clearance Certificate from the FBI through an online application, visit the dedicated online service at http://edo.cjis.gov/ and submit an application. After receiving confirmation, you must either visit any US Post Office and have your fingerprints taken using a special device for transmission to the FBI, or take your fingerprints yourself using a special fingerprint card that can be downloaded online and send them to the FBI. The response will be sent by registered mail. At the same time, the FBI will issue an electronic document that can be downloaded online, but it may not be suitable for use abroad — foreign authorities most often require a paper certificate with an apostille.
Police Clearance Certificate by post
To apply for a Police Clearance Certificate from the FBI in the USA by post, you need to download the application form online in advance, complete it, have your fingerprints taken (using ink on a special fingerprint card or with an electronic device at a post office), and then send the application together with the fingerprint information to the FBI, CJIS Division, at 1000 Custer Hollow Road, Clarksburg, WV 26306. The response will be sent by registered mail.
The fee must be paid by credit card using the designated form for the exact amount.
Police Clearance Certificate through FBI-approved channeler
To obtain a Police Clearance Certificate from the FBI through an authorized channeler, you need to find information online about an authorized channeler in the relevant area, complete an application at their office, and have your fingerprints taken. The channeler will handle the submission of the application and receipt of the certificate. This method is much more reliable than applying personally, but it may cost considerably more. Authorized channelers accept applications only from US citizens or persons who are legally entitled to permanent residence in the USA.
Police Clearance Certificate in a specific state
Each individual US state has its own specific requirements for requesting a Police Clearance Certificate. For example, in California, local residents must have their fingerprints taken at designated locations (usually located at police stations), while residents of other states must take their fingerprints themselves and send them to the Bureau of Criminal Information and Analysis of the California Department of Justice. In California, the fee is paid by check or money order.
Police Clearance Certificate by power of attorney
One specific feature of US law is that it is impossible to obtain a Police Clearance Certificate entirely on behalf of another person, as fingerprints must be submitted when applying. Otherwise, an agent or authorized representative may assist with the process.
When obtaining Police Clearance Certificates, it is important to carefully check the personal details. Any error or typo will render the document invalid.
Processing time for a Police Clearance Certificate in the USA
An FBI Police Clearance Certificate can be issued electronically relatively quickly, but the delivery of the application and mailing of the certificate may take considerably longer. For state-level certificates, processing times vary depending on the particular state.
Apostille for a US Police Clearance Certificate
The United States has been a member of the Hague Conference on Private International Law since 15 October 1964 and a party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, which entered into force for the United States on 15 October 1981.
The apostille procedure in the USA varies depending on the type of certificate. As FBI certificates are federal documents, they are apostilled by the Office of Authentications of the US Department of State. State-level certificates must be apostilled in accordance with the requirements of the relevant state’s law — generally by the Secretary of State or Lieutenant Governor of the state.
What is an apostille?
What is an apostille? Why do I need an apostille? How do I get an apostille? - Our video will explain everything you need to know about the apostille. If you have a document that needs to be certified with an apostille for use abroad, Schmidt and Schmidt will assist you! We provide apostille services in more than 100 countries worldwide.
Consular legalization of a US Police Clearance Certificate
If the country where the US Police Clearance Certificate is to be used is not a party to the 1961 Hague Convention, for example the UAE, a more expensive and complex consular legalization procedure will be required for the document to be accepted.
Consular legalization is a multi-step procedure for certifying the authenticity of a document, used for countries that are not parties to the 1961 Hague Convention.
To have a US Police Clearance Certificate legalized through the consular legalization procedure, you need to follow these steps:
- Obtain the Police Clearance Certificate;
- If the certificate was issued at the state level, have it legalized in the relevant state; if it was issued by the FBI, no intermediate legalization is required;
- Have the certificate legalized by the US Department of State;
- Have the document officially translated;
- Have the document legalized at the consulate or consular section of the embassy of the destination country.
Due to the number of steps involved, the procedure is lengthy and quite costly. Some countries do not have consulates in the USA, in which case the final stage of legalization may need to be completed in another country where the relevant consulate is located.
What is consular legalization?
In our video we are explaining what consular legalization is and where to apply for it.
Schmidt & Schmidt will assist you in all issues concerning the legalization.
Schmidt & Schmidt offers legalization in more than 80 countries all over the world.
Official translation of a US Police Clearance Certificate
A US Police Clearance Certificate is issued in English. To use it abroad, an official translation must be prepared in accordance with the legislation of the country where the document will be submitted — by a sworn, certified, notarial or court translator in the country of destination.
A translation of the certificate made in the USA (except when the consular legalization procedure is applied) will most likely not be accepted abroad.
Document delivery
After obtaining and apostilling or legalizing a Police Clearance Certificate, it is often necessary to send the document to another country. In such cases, not only speed but also the security of delivery is important, especially when dealing with original official documents.
Schmidt & Schmidt organizes international document delivery worldwide. We use reliable logistics solutions and modern tracking systems, allowing you to monitor the shipment at every stage and ensure its timely delivery to the recipient.
Our specialists ensure careful and confidential handling of documents and help resolve any issues that may arise during international delivery, including carrier requirements and customs clearance procedures.
We can arrange delivery of Police Clearance Certificates, apostilled documents, translations and other official documents to most countries worldwide, both for private clients and for law firms and organizations.
How can we help?
We will be happy to assist you in obtaining a Police Clearance Certificate in the USA, including its apostille and legalization for use abroad, as well as translation and delivery anywhere in the world.
You can always contact Schmidt & Schmidt. We have extensive experience in the procurement and legalization of various documents and provide all the necessary services in this area, including obtaining notarized copies, translation, preparation of the required powers of attorney, legalization of documents with government authorities and consulates of foreign countries, as well as delivery of completed documents to most countries worldwide.
You can find more information about the legalization and apostille procedures on our website.
