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Obtaining personal documents, such as criminal records, while abroad can be a real headache. If you are reading this, you may be in the process of legalizing/apostilling criminal records for work abroad, applying for residency, or in the process of obtaining an immigration pardon.
This situation or application often involves long trips, bureaucratic procedures, seemingly endless waiting times, among other things, and a mistake here not only costs money but can also affect your immediate future.
That is why in this article, as immigration lawyers who are experts in document legalization, we will try to break down what Apostilled Federal Criminal Records are, as well as provide general information on the process for obtaining them without too many complications.
A Criminal Record Certificate is an official document issued by any country to establish whether you HAVE, HAVE HAD, OR HAVE NOT HAD any type of CRIMINAL RECORD. For international authorities, this document is not optional; it is the basis for determining your moral and legal suitability.
Criminal record certificates are used in many processes, such as:
A) If you are going through an immigration process, most countries will ask for your criminal record from your country of origin and where you have resided in recent years in order to grant you residency.
B) To demonstrate your legal status and background in any process you are involved in, such as various licenses (gambling licenses, casino licenses, financial intermediation entities, among others, usually required for the application), applications for high-level positions, public and private.
C) For an immigration pardon process, lifting of entry restrictions.
D) Denial of residence due to criminal record.
E) Labor or academic procedures abroad.
F) Among many other processes.
Many applicants make the mistake of submitting a local or state police record, but for international purposes, records must always be federal. There are crucial differences between state and federal criminal records.
Why? A foreign country wants to know and confirm that you do not have any charges anywhere in your country of origin, not just in a specific city or state. A state or local record usually only confirms that you do not have or have not had charges in that state or city, while a federal record (such as that of the FBI in the US or the RCMP in Canada, for example) uses biometric information (fingerprints) to cross-reference data nationwide and verify that, for example, even though you live in Florida (a US state), you do not have a criminal record in another state, such as California.
Many countries issue different types of criminal records, which can be:
Federal records are specifically those that apply at the national level. We can see this difference in some countries, such as the USA, Brazil, Mexico, the UK, Haiti, among others.
So, if it is for international purposes, before applying, check what types of background checks the country issues, so that you can choose the ones that correspond to the entire country, known as ‘Federal’.
The Hague Apostille for Criminal Records is the seal that gives legal validity to the document outside the country that issued the criminal record. Therefore, without this seal/legalization, the document has no probative value abroad. If you would like to know more about Apostilles and processes, see HERE.
Important Change in Canadian Regulations (2024-2026)
It is important to note that, as of January 11, 2024, Canada officially joined the Hague Convention.
Before: A long and tedious “chain of legalization” was required at the consulate.
Now: It is possible to obtain a Canadian criminal record certificate with an apostille, simplifying the process for those who lived in Canadian cities and are now applying for residency in the Dominican Republic.
Based on our experience as immigration lawyers specializing in document legalization, we answer the most critical questions we receive when processing international criminal record certificates:
How long is a criminal record valid for residency purposes?
According to international standards and those of the Attorney General’s Office in the Dominican Republic, the validity of criminal records for residency is usually 30 to 90 days, which varies depending on the country. If your document was issued 4 months ago, it is very likely that you will need to request a new one before your appointment in the vast majority of cases.
Can I request an FBI record from the Dominican Republic?
Yes. The process for requesting an FBI record from the Dominican Republic involves taking fingerprints on the FD-258 form and sending it to the FBI’s CJIS. The document must then be sent to the Department of State in Washington, D.C., for federal apostille, as states cannot apostille documents issued by the federal government.
If you are a citizen or resident:
– American.
– Dominican.
– Canadian.
– Or simply resided or stayed for some time in those countries.
If you are in the Dominican Republic or abroad and need your Apostilled Federal Criminal Record issued by the FBI (Federal Bureau of Investigation), the Attorney General’s Office of the Dominican Republic, among others, we can help you.
In summary, the process of obtaining an Apostilled Federal Criminal Record can be extremely important, and the difficulty of obtaining it will always depend on the country that must issue it. Some are easier than others, as well as having lower or higher costs.
At our law firm, Morillo Suriel Abogados – Attorneys At Law, we can request Apostilled Federal Criminal Records from other countries and the Dominican Republic. We invite you to contact us with any questions or requests for information you may have about the country, and within thirty (30) minutes, we will send you the required information, including the time and cost of what you need.
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