FDLE vs. FBI Background Check: Which One Do You Need Apostilled?

What is an FDLE background check?

FDLE, through its Division of Criminal Justice Information Services (CJIS), is Florida's central repository for criminal history information. It offers two types of search results: a non-certified version, meant for informational use only, and a certified version, which is the only one eligible for apostille. It's important to understand that an FDLE background check reflects arrests and dispositions on record specifically with the state of Florida; it does not necessarily include records from other states.

What is an FBI background check?

The FBI Identity History Summary, commonly called an "FBI background check," is a federal, nationwide document that compiles information reported by agencies across the country to the federal system. Unlike an FDLE check, it isn't limited to a single state's records; it reflects a nationwide compilation.

The key difference: who issued the document, not where you live

The distinction between FDLE and FBI doesn't depend on where the person lives or which state the request is filed from. It depends on which agency generated the document: FDLE is a Florida state agency, so its check reflects state records; the FBI is a federal agency, so its check reflects a nationwide compilation. This is the same logic — identify who issued or certified the document, not where the requester lives — that determines the apostille route for any U.S. document, as we explain in more detail in our guide on state vs. federal apostille.

Why the apostille route is different

Because FDLE is a state agency, a certified FDLE background check is apostilled by the same authority that apostilles other Florida state documents: the Florida Department of State. The FBI background check, on the other hand, is a federal document, and its authentication is handled by the U.S. Department of State, regardless of whether the requester lives in Florida, another state, or abroad. Sending an FBI check to Florida for apostille, or an FDLE check to the federal Department of State, is the most common jurisdiction mistake in this process; we cover it in more detail, including what happens when it occurs, in this guide on the FDLE/FBI jurisdiction mistake.

How do I know which one is being requested?

The foreign authority — an employer, an embassy, an immigration authority, or a licensing board — is the one that determines whether it accepts FDLE, FBI, or both. There is no universal rule by country or by type of process: each institution sets its own requirements, and those can change. Confirm directly with whoever will receive the document, ideally in writing, before ordering either check.

Could you need both?

Yes. It's common for a foreign authority to request the check from the state where you most recently resided (FDLE, if that was Florida) together with the nationwide FBI check, especially if the person lived in more than one state during the period the application covers. In that case, each document follows its own apostille route independently and the two cannot be combined into a single process.

Common mistakes

• Assuming an FDLE background check automatically covers records from other states.
• Ordering FDLE's non-certified search, which is not apostille-eligible.
• Sending an FBI background check to a state office for apostille.
• Assuming that living in Florida turns the FBI check into a "Florida" document.
• Not confirming in writing with the receiving authority which of the two checks it actually requires.

We can help you confirm which background check you need based on what your receiving authority requires, and coordinate the correct apostille route for that specific document.