Then the checklist says “criminal record certificate” and the questions start. Which agency issues it? Does a state police letter count? Does it need an apostille? Who translates it? And how long before it goes stale?
This article walks through the full chain for the criminal record certificate required in most Brazilian residency applications: obtain the record in your country of origin, apostille it, have it sworn-translated and file it inside its validity window. We use the US FBI Identity History Summary as the working example, because it is the most common request we see from American clients. The same logic applies elsewhere, with different issuing bodies.
Timing matters more than most applicants expect. Each step depends on a third party, and the certificate’s clock usually starts at issuance, not at filing. Plan the sequence backward from your filing date.
Check first: Which countries’ certificates you must provide, and how recent each must be, depend on your visa category and on the normative resolution (RN) or ordinance in force when you file. At the time of writing (October 2026), we cannot give you one number that fits every case, so confirm the requirement and the validity window on the official checklist for your category, or with the filing channel, before you order anything.
Who This Applies To
- Foreigners applying for a Brazilian residence authorization (work, investment, family reunification, retirement income, remote work and similar categories) whose checklist asks for a criminal record certificate.
- Applicants who must show records from their country of origin and, in many categories, from other countries where they lived for a period set by the applicable rule.
- Applicants already in Brazil who may also need a Federal Police criminal record certificate, in addition to foreign records.
- Spouses, partners and adult dependents in a family application, when the rule requires a certificate for each adult.
- Parents preparing a minor’s application, who need to check whether the child’s age triggers the requirement.
Who Does Not Qualify / What This Does Not Cover
- This article does not cover the overall cost of a visa, general visa mistakes or the step-by-step of getting your residency card after approval. We address those in separate guides.
- It does not replace the checklist for your category. If the checklist differs from this article, follow the checklist.
- It does not tell you whether a given conviction will block your application. That depends on the offense, the record and the facts, and it requires individual legal analysis.
- It does not cover short tourist stays or visa-exempt visits, which generally do not involve this document.
What Brazil Is Actually Asking For
Brazil’s Migration Law (Law No. 13,445/2017) and its regulation (Decree No. 9,199/2017) set the framework for residence authorizations. The detailed document lists live in normative resolutions (RNs) and related ordinances, which change from time to time. Read the current checklist rather than a blog post, including this one.
In general terms, a residence application asks for a criminal record certificate (antecedentes criminais) from your country of origin. Many categories also ask for certificates from the countries where you lived for a certain period before applying. The exact look-back period is set by the applicable rule, so we do not state a number here. If you have moved around, count your residences carefully and ask the filing channel which countries are included.
Two points deserve attention.
- The certificate must be an official record. A “clean record” self-declaration or a court docket printout is not a criminal record certificate unless the checklist expressly accepts it.
- It must come from the right level of government. Some countries have a single national certificate. Others issue records by state or court district. Pick the one your checklist names.
If you are applying from inside Brazil, you may also be asked for a Federal Police criminal record certificate. That is a Brazilian document, issued in Brazil, so it needs no apostille and no sworn translation. It also has its own validity window.
Step 1: Obtain the Record in Your Country of Origin (US Example: FBI Identity History Summary)
For US citizens and residents, the document most often accepted for this purpose is the FBI Identity History Summary, widely called the “FBI background check” or “rap sheet.” It is a federal record compiled from fingerprint-based searches.
How the process typically works:
- Request channel. You can generally request the Summary electronically through the FBI or an FBI-approved channeler, a private company authorized to process these requests. Confirm the current channels and fees on the FBI’s website, because they change.
- Fingerprints. The request requires your fingerprints, either on rolled ink cards or electronically at an approved location. Poor print quality is a frequent reason for rejection, so use an experienced provider.
- Identity details. Enter your name exactly as it appears on your passport. If you have used other names, follow the form’s instructions for listing them.
- Processing time. Timing varies by channel, volume and fingerprint quality. Check the current estimate and add a margin.
- Delivery format. Electronic delivery can speed things up, but ask the apostille authority whether it accepts the electronic file or requires a paper original.
An important caution: the FBI Summary is a federal record. State police or state department of public safety certificates are different documents and, in many cases, are not enough on their own when the checklist asks for a national or federal record. If you lived in several states, the federal report may cover more ground, but the checklist controls. Confirm whether a state record is accepted, required in addition or irrelevant to your category.
If you are not American, the equivalent might be a police clearance certificate, a certificate of good conduct or an extract from the national criminal register. Look for the national-level document your checklist names.
Step 2: Apostille or Consular Legalization
A foreign public document generally needs authentication before Brazilian authorities will trust it. How you authenticate depends on whether the issuing country belongs to the Hague Apostille Convention.
- Convention countries. Brazil is party to the Hague Apostille Convention, in force for Brazil since August 14, 2016. CNJ Resolution No. 228/2016 regulates its use in Brazil. For documents issued in another Convention country, an apostille issued by that country’s competent authority replaces the older chain of legalizations.
- Non-Convention countries. If the issuing country is not part of the Convention, the document typically goes through consular legalization at a Brazilian consulate or embassy. Ask the consulate about its requirements, which can include prior authentication by the issuing country’s foreign ministry.
US example. For federal documents such as the FBI report, the apostille is issued by the US Department of State. The exact submission process, accepted formats, fees and processing times change, so check the Department of State’s current instructions. State-issued documents, such as a state police certificate, are apostilled by the state authority, usually the Secretary of State. Do not send a federal document to a state office or the reverse.
A few related points:
- Digital apostille (e-Apostille). Some offices issue apostilles electronically, and these may be verifiable online. Confirm before you order whether the filing channel accepts an electronic or printed copy and whether your translator will work from it.
- Originals versus copies. Check whether your category accepts a scan or certified copy of the apostilled original, or requires the original. Keep the originals either way.
- The apostille covers the signature, not the content. It confirms that the signing official and the seal are genuine.
Step 3: Sworn Translation in Brazil
Documents in English or any other foreign language generally have to be translated by a Brazilian sworn public translator (tradutor público e intérprete comercial juramentado) before filing. Some authorities dispense with a translation for certain languages or documents, so confirm in advance whether yours does. When in doubt, translate.
Key practical points:
- Who qualifies. The translator is generally registered with the board of trade (Junta Comercial) of a Brazilian state for the relevant language. A merely bilingual translator, or a foreign agency, does not produce a sworn translation.
- Translate the apostille too. The apostille is a part of the document. A sworn translation that covers the FBI report but not the apostille page can be questioned. Ask the translator to include every page, stamp and annotation.
- Order of steps. Obtain the record, apostille it, then translate. Do not translate before the apostille is attached, unless the translator can attach and translate both. Translating a document that later gets a new apostille page forces you to pay twice.
- Names and spelling. The translator should reproduce your name exactly as the passport shows it. Mismatches among report, apostille, passport and translation invite requests for clarification.
- Delivery. Many sworn translators work from scans, while others require the physical document. Confirm which applies in your case.
Step 4: Validity Window and Filing
A criminal record certificate is a snapshot. Brazilian authorities typically require it to be recent and measure that recency in months, with some categories using windows around 90 days or similar. We do not state a number as a rule, because it varies by category and may be changed by new regulations. Check the window stated in the checklist for your category.
Ask the filing channel which date starts the clock (usually the issuance date on the record) and whether the window must be met at filing or at decision.
A practical way to plan:
- Step 1: Confirm the checklist, the countries required and the window.
- Step 2: Gather everything else first. The criminal record should usually be the last major document you order.
- Step 3: Request the record only when you can finish the apostille and translation with a comfortable margin, including a buffer for a rejected fingerprint card.
- Step 4: File, then keep copies of everything submitted.
If you hold records from more than one country, they will not all expire together. Order the one with the shortest window last.
Minors and Dependents
The requirement for children usually depends on age. Whether a minor needs a certificate, from which age and from which countries is set by the applicable rule and the category, so check it case by case. Do not assume that a child’s certificate is waived or required. Confirm against the checklist for each family member.
What If the Record Shows an Offense?
If your certificate lists an arrest, charge or conviction, do not hide it, alter it or leave it out. Altering a document or omitting information can create far more serious problems than the record itself, including refusal and criminal exposure.
What we can say in general terms:
- Brazil’s Migration Law allows denial of entry or residence for certain convictions. Whether a specific offense falls in that group depends on the law, the facts and the case.
- An old, minor or expunged record is not necessarily a bar, but it needs case-by-case review.
- Disclosure and legal analysis are essential. We do not guarantee outcomes, and no one can.
If you have any entry on your record, or think you might, read your own report and get a lawyer’s opinion before paying for apostille and translation.
Documents, Apostille and Sworn Translation
Here is the full package in one place, in the order you will normally assemble it.
- The record itself. The original issued by the competent authority in each required country (for example, the FBI Identity History Summary for the United States), with your name matching your passport.
- The apostille or consular legalization. Attached to the original, from the correct authority (federal or state, depending on who issued the record).
- The sworn translation. Covering the record, the apostille and any stamps or notes, done by a Brazilian sworn translator for the correct language.
- Brazilian Federal Police certificate, if required. For applicants in Brazil, issued in Brazil under its own rules.
- Originals. Keep them safe. Ask whether the process accepts digital copies and when originals might be requested.
Common Mistakes
- Fingerprint rejections. Poor card quality costs weeks. Use an experienced provider or electronic capture at an approved location.
- Submitting a state record when a federal record is required. Read the checklist for the level of government and, if in doubt, ask the filing channel before ordering.
- Using an expired certificate. Count the validity window from the date the rule uses and file with a margin.
- Forgetting the apostille. A record without the apostille or legalization is usually treated as unauthenticated. Treat the apostille as part of the document, not an extra.
- Translating the wrong pages. Translate the record, the apostille and any annotations. Ask the translator to confirm the page count against the original.
- Name variants that do not match the passport. Use the passport spelling on every request form and tell the translator to follow it.
- Starting too late. The record can expire before filing. Order it after the other documents are ready and leave time for apostille and translation.
- Ordering the translation before the apostille. An apostille added later forces a second translation. Apostille first.
Frequently Asked Questions
Is a state police certificate enough instead of the FBI report?
Not necessarily. The FBI Identity History Summary is a federal record, and state certificates are different documents. A state record is often not enough where the checklist asks for a national one. Confirm with the filing channel.
Do I need an apostille for the FBI report?
Generally yes. Brazil and the United States are both parties to the Hague Apostille Convention, so an apostille replaces consular legalization. For federal documents, the US Department of State issues it. Check its current process before you submit.
Can any translator translate my record?
No. In general, a Brazilian sworn public translator registered with a state board of trade must do it, unless the authority dispenses with translation for certain languages. Translate the apostille too.
How recent does the certificate have to be?
It depends on your visa category and on the rule in force when you file. Windows are commonly measured in months, and some are around 90 days, but we do not treat any single number as universal. Check the window stated in the checklist for your category and file well inside it.
Does my child need a criminal record certificate?
It usually depends on the child’s age and on the category. Some minors are not required to provide one, while others may be. Check the checklist for each family member and confirm with the filing channel if the text is unclear.
What happens if my record shows a prior offense?
Do not hide or alter it. Brazil’s Migration Law allows denial for certain convictions, but an old, minor or expunged record needs case-by-case review. Disclosure and legal analysis are essential, and no one can guarantee the outcome. Speak to a lawyer before you file.
Official Sources
- Law No. 13,445/2017 — Brazil’s Migration Law
- Decree No. 9,199/2017 — regulation of the Migration Law
- Normative resolutions (RNs) and ordinances applicable to your visa category
- Ministry of Justice and Public Security — migration authorization checklists
- Federal Police — criminal record certificate for applicants in Brazil
- Hague Apostille Convention
- CNJ Resolution No. 228/2016 — use of the apostille in Brazil
- FBI — Identity History Summary Checks and approved channelers
- US Department of State — authentications and apostilles for federal documents
- Secretary of State offices — apostilles for state-issued documents
- Board of Trade (Junta Comercial) of the relevant Brazilian state — registry of sworn public translators
- Brazilian consulates and embassies — legalization for non-Convention countries
Where This Begins
Your first step is cheap and fast. Pull the current checklist for your visa category, note which countries’ certificates are required, find the validity window and work backward from your target filing date. Then request your own FBI report or other national record, read it and check that the name and details match your passport. Only then order the apostille and sworn translation, and file with a margin before the window closes.
A lawyer can help most at two points: before you order, to confirm the checklist and the countries required, and if anything on your record needs explanation. A lawyer can also coordinate the apostille and sworn translation timeline against your filing date.
This article is general information, not legal advice. Laws, fees and procedures change; confirm current requirements before you act.
If you would like a lawyer to review your situation before you file, book a consultation with Souza & Santos Advocacia.
Souza & Santos Advocacia
João Pessoa (PB) · São Paulo (SP)
contato@souzaesantosadvocacia.com.br · +55 83 99644-2180
https://souzaesantosadvocacia.com.br/