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
- Auto theft
- Carrying a concealed weapon
- Carrying a loaded firearm in a public place
- Child molestation
- Child pornography
- Discharge of a firearm in a public place or into an inhabited dwelling
- Drugs, possession for sale and sale
- 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
- 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
- Pimping and pandering
- Possession of an unregistered firearm
- Practicing without a license when a license is required
- Receipt of stolen property
- Resisting or threatening a peace officer
- 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