Every U.S. citizen applying for residency in Costa Rica must submit an FBI criminal background check (FBI Criminal Background Check). This document is mandatory regardless of the residency category — investor, rentista, pensionado, or executive. The process has specific requirements that must be planned in advance to avoid delays in the residency application.
Why the FBI Background Check Is Required
Costa Rica’s Directorate General of Immigration and Foreign Affairs (DGME) requires every residency applicant to submit a criminal background certification from their country of origin. For U.S. citizens, the valid document is the FBI Identity History Summary — commonly known as the FBI Background Check or FBI Criminal Record.
This certification confirms whether the applicant has any federal criminal records in the United States. Costa Rica uses this document as part of its security assessment for granting residency.
How to Obtain the FBI Background Check
The process for obtaining the FBI certification requires completing a fingerprint card (FD-258), submitting the application to the FBI with the corresponding form and fee payment, and waiting for the FBI’s response.
Fingerprints can be taken at a local police station in the United States or through an authorized fingerprint service provider. If you are already in Costa Rica, the U.S. Embassy in San José does not provide this service — the local alternative is the Fingerprint Section (Sección de Dactiloscopía) of the Ministry of Public Security, which handles immigration-related procedures through an online appointment system, or specialized private services such as MR Fingerprints, which operate with kits sent to your home anywhere in the country.
Processing time at the FBI varies but generally takes between 3 and 5 weeks. Expedited services through authorized providers can significantly reduce this timeline.
Apostille of the Document
Once the FBI certification is obtained, it must be apostilled by the U.S. Department of State. The apostille certifies the document’s authenticity for use in Costa Rica under the Hague Convention.
The apostille process through the Department of State can take several additional weeks. It is essential to factor this time into your residency application planning.
A point that frequently causes rejections in practice: the apostille must be placed on the signature of the FBI official who issued the document, not on the signature of a notary authenticating a copy. The DGME rejects files where the apostille is placed on an intermediary notarial authentication instead of on the original official document.
In some cases, when the rejection is unjustified and there is no other technical way to obtain the apostille, at Mora, Yglesias & Asociados we take on the task of demonstrating that circumstance before the DGME to seek an exception. However, this involves additional time and effort. As a general rule, we recommend verifying the chain of signatures before submitting the file — this is a preventable problem.
Document Validity
The FBI criminal background certification has a limited validity period for Costa Rica residency purposes. The DGME accepts certifications issued within the six months prior to the application submission. If the document expires before the process is completed, you will need to obtain a new one.
This validity limitation makes timing coordination critical: you must obtain fingerprints, receive the FBI certification, get it apostilled, and submit the residency application — all within the validity window.
For Citizens of Other Countries
Citizens of countries other than the United States must submit the equivalent criminal background certification from their country of origin. The process varies by country: some issue certifications at the national level, others at the state or provincial level. In all cases, the document must be apostilled and, if in a language other than Spanish, officially translated. In general, the document must be of national scope to be accepted by the DGME.
At Mora, Yglesias & Asociados, we coordinate the procurement and processing of criminal background checks from multiple jurisdictions, ensuring that the documentation meets the DGME’s requirements and is submitted within the validity deadlines.
Planning the Complete Process
The complete process — from fingerprinting to submitting the residency application — can take several months. The recommendation is to begin obtaining the FBI Background Check as early as possible, ideally before traveling to Costa Rica or in the first days after arrival.
At Mora, Yglesias & Asociados, we integrate immigration documentation management with the client’s corporate and tax planning, simultaneously coordinating the residency application, powers of attorney, RTBF declaration, and any other obligations the investor has in Costa Rica.
What happens if I have a criminal record?
Having a criminal record does not automatically mean residency will be denied, but Article 61 of the General Immigration and Foreign Affairs Law (Law 8764) establishes several grounds for rejection that go beyond a recent conviction.
Subsection 3 establishes the most well-known ground: having served a sentence for an intentional crime within the last ten years, in Costa Rica or abroad, provided the offense is recognized as such under Costa Rican law. For sexual offenses against minors, the period extends to fifty years, and even the existence of precautionary measures or pending criminal proceedings — without a final conviction — is sufficient to deny entry.
Subsections 4 and 8 considerably expand the scope of the provision. Subsection 4 allows rejection when there are well-founded reasons to consider that entry compromises public safety — a broad and discretionary ground that does not require a conviction. Subsection 8 excludes individuals linked to gangs, criminal groups, or organizations related to organized crime, without requiring a formal conviction either.
In theory, the DGME has the authority to consult national and international records and act on any of these grounds. In practice, the oversight capacity is limited, and verification largely depends on the information that record-keeping systems actually contain about the applicant. Residency files of citizens from countries with more robust information-sharing systems — and with a greater institutional presence in Costa Rica — tend to undergo a more detailed review than those from countries with less interinstitutional coordination.
What this means for the applicant: the absence of a formal conviction significantly reduces the risk of rejection in most cases. But a file with records — whether convictions, pending proceedings, or documented links — still requires individualized analysis before submission. The goal is to anticipate how the DGME will read the file, not to assume that what does not appear in the system will not come up.
Can I use a State Background Check instead of the FBI?
No. For U.S. citizens, the DGME requires solely the FBI Identity History Summary — the federal certification. Records issued by state authorities (California DOJ, Texas DPS, or any other state agency) are rejected by Immigration because they cover only that state’s history, not the complete federal record.
For Canadian citizens, the equivalent is the RCMP Criminal Record Check — the national certification issued by the Royal Canadian Mounted Police. Provincial certificates are not accepted for the same reason: Costa Rica requires national coverage, not regional.
In both cases, the document must be apostilled and accompanied by a certified Spanish translation before being submitted to the DGME.
Is the process different if I am already in Costa Rica?
The process is the same, but fingerprinting is handled locally. The U.S. Embassy in San José does not provide this service. The options available in Costa Rica are the Fingerprint Section of the Ministry of Public Security, which handles immigration procedures through an online appointment system, or specialized private services that operate with fingerprint kits sent to your home anywhere in the country.
Once fingerprints are taken, the submission to the FBI and the apostille coordination can be managed entirely from Costa Rica without needing to travel to the United States.
Do I need a new FBI Background Check for each residency renewal?
In most cases, no. The FBI Background Check is a requirement for the initial residency application, not for ordinary DIMEX renewals.
The exception confirmed by the DGME: if you have been outside Costa Rica for a period exceeding one year, you must submit criminal background checks from the country where you stayed, duly apostilled, along with a written statement justifying the absence.
If this is your situation, consult with your immigration attorney before presenting yourself for renewal.
Mora, Yglesias & Asociados
Since 1938, our integrated team approaches each case from every angle — tax, immigration, corporate, and estate planning — so you receive complete advice in one place. Fiscal and liability protection is built into every recommendation we make, and we continuously work to improve your experience as a client. With offices in San José and Guanacaste, and service in five languages, we are ready to assist you. Contact us.
Article written by Lic. Manuel Yglesias Mora, Bar No. 27673, Costa Rica Bar Association, with AI assistance. All content was personally reviewed, edited, and supervised by the author.
This article is for informational purposes only and does not constitute legal advice. For the execution of any action related to the topics discussed, please contact us.
