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Application Denial

Friday, April 27, 2018

Categories: Frequently Asked Questions

Comments: 0

What can cause my notary application to be denied?

What will disqualify me from being a notary public?

We get calls from people asking about their arrest history; most calls are nothing to worry about, for instance, "I got a DUI last summer. Will that disqualify me from being a notary public?"

In most cases a single DUI is not enough to disqualify a person from receiving a notary commission. However, without a thorough background check, the Secretary of State cannot make a determination one way or another.

We have included the disqualifiers from the Secretary of State's list.

The Secretary of State will recommend denial of an application for the following reasons:

  • Failure to disclose any arrest or conviction;
    • Conviction of a felony where not less than 10 years have passed since the completion of probation;
    • Conviction of a disqualifying misdemeanor (involving moral turpitude) where not less than 5 years have passed since the completion of probation;
  • The most common disqualifying convictions are listed below; however, this list is not all-inclusive:
    • Arson-related offenses
    • Assault
    • Auto theft
    • Battery
    • Burglary
    • Carrying a concealed weapon
    • Carrying a loaded firearm in a public place
    • Child molestation
    • Child pornography
    • Conspiracy
    • Discharge of a firearm in a public place or into an inhabited dwelling
    • Drugs, possession for sale and sale
    • Embezzlement
    • Escape without force
    • Failure to comply with a court order
    • Failure to pay child support
    • Failure to return to confinement
    • False financial statements
    • False imprisonment
    • Forgery
    • Fraud involving, but not limited to, bank cards, credit cards, insufficient funds/checks, insurance, mail, Medi-Cal or Medicare, real estate, tax, and welfare
    • Fraudulent impersonation of a peace officer
    • Hit and run
    • Kidnapping-related offenses
    • Manslaughter
    • Pimping and pandering
    • Possession of an unregistered firearm
    • Practicing without a license when a license is required
    • Prostitution
    • Rape
    • Receipt of stolen property
    • Resisting or threatening a peace officer
    • Robbery
    • Solicitation
    • Statutory rape
    • Tax evasion
    • Terrorist threats
    • Theft, grand and petty, including burglary and robbery
    • Threats to commit a crime involving death or great bodily injury
    • Violation of Penal Code section 273.5 (domestic violence, spousal abuse, etc.)
  • Or a determination that the facts of a particular case may warrant denial, such as the nature and severity of the act or the presence of aggravating factors.
  • Please Note: A conviction after a plea of nolo contendere is deemed to be a conviction - California Government Code section 82

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