Blog

Do you have questions and need answers?

Keep up to date on the latest California Notary laws!

separation line. NEW

Let us be the connection between you, the notary, and the California Secretary of State.

Our Blog offers frequently asked questions, answers, and updates from the California Secretary of State.

In addition, we give Best Practices Tips to help the notary.

Topics include steps to becoming a California notary, filing information, notary tools, and other requirements.

separation line. NEW

Application Denial

Friday, April 27, 2018

Categories: Frequently Asked Questions

Comments: 14

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.

  • There are different variations of a DUI that are disqualifying, including any felony DUI that is still within the disqualifying time period (less than 10 years from the last day of probation).
  • Misdemeanor DUI convictions that fall under Vehicle Code sections 23152(a) and 23152(b) are not disqualifying.
    • Below is a list of disqualifying DUIs:
      • Vehicle Code sections 23153(A) & 23153(B) (DUI alcohol/Drugs: Cause Bodily Injury)
      • Vehicle Code sections 20001 & 20002 (DUI Hit & Run)
      • Vehicle Code section 23752 (DUI: Child Endangerment)
      • An applicant convicted of a disqualifying DUIs listed above would need to be outside the misdemeanor and felony disqualifying timelines prior to appointment as a notary public.
      • Felony - less than 10 years from the last day of probation;
        Misdemeanor - less than 5 years from the last day of probation

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 maintain court ordered family and child support orders.
  • 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

Comments RSS feed for comments on this page

  1. Tylr Tylr I have a marijuana charge and displaying other person license as own license charge. Both around 10 years old. Will this disqualify me? Friday, February 22, 2019
  2. The author The answer to your question and any other questions regarding arrests and convictions for notary application, the following statements from the Secretary of State will be applicable.

    *Applicants are required to disclose all arrests and convictions on the application.

    **Convictions dismissed must be disclosed - Penal Code Section 1203.4 or 1203.4a

    The Secretary of State will recommend denial of an application for the following reasons:
    1) Failure to disclose any arrest or conviction;
    2) Conviction of a felony where not less than 10 years have passed since the completion of probation;
    3) Conviction of a disqualifying misdemeanor where not less than 5 years have passed since the completion of probation; or
    4) a determination that the facts of a particular case, such as the nature and severity of the act or the presence of aggravating factors may warrant denial of the application.

    For questions concerning the disclosure of convictions or arrests, contact the Secretary of State prior to signing the application.
    For specifics about arrest(s) and or conviction(s), contact the California Department of Justice at (916) 227-3849.
    Monday, March 18, 2019
  3. anon12345 anon12345 So, if your application gets denied, how do you successfully win your appeal? Tuesday, May 21, 2019
  4. Jettye Pane Jettye Pane If I was denied licensing in California due to not disclosing shoplifting arrest from 25 years earlier, can I apply in Las Vegas where I'm now living? Saturday, August 17, 2019
  5. The author The main reason you were denied commissioning in California is the fact that you didn't disclose the arrest 25 years ago. A twenty-five year old arrest would not prohibit you from becoming a California notary. Since you are living in Las Vegas, you would need to check with Nevada Notary laws. Saturday, August 17, 2019
  6. The author It is difficult to say how to be successful in an appeal. Each case must stand on its own and depends upon the amount of evidence you can provide. Saturday, August 17, 2019
  7. Gene Gene I was convicted of a drug felony over 25 years ago ,can I become a notary? Friday, September 27, 2019
  8. The author Yes. Twenty-five years ago is a long period of time. As long as you have no other issues that may cause the Secretary of State to determine that you would not be eligible such as the facts, nature or severity of your background. In other words as along as you have a clean record, since the ruling is that a conviction of a felony where not less than 10 years have passed since the completion of probation is to be disclosed on the application; you can be a notary. Friday, September 27, 2019
  9. Briana Briana If you go for the appeal and lose do you have to disclose that your commission was denied to you have to report it on your real estate license? Also will you have to tell your the federal government if you work for them. Friday, September 27, 2019
  10. The author Since we are not attorneys, and therefore cannot advice about immigration or any other legal matters, we do not know about real estate and federal government policies. However, if they are anything like Secretary of State Notary Application, all arrests and convictions and denial of professional licenses must be disclosed. The best thing to do is ask the agencies involved for their policies.
    Friday, September 27, 2019
  11. TerryG TerryG My new employer needs me to become a notary. I was convicted of fraud 35 yrs ago (I was 19 yrs old and have always been ashamed since it was one stupid mistake). I paid restitution and did no time. Being it was fraud, will I be denied, even if I was “scared straight” and have been clean ever since? Monday, May 11, 2020
  12. The author Please read the article titled, "What can cause my notary application to be denied?
    What will disqualify me from being a notary public?" Felony fraud is no different than any other felony. Ten years since completion of probation you may apply. Monday, May 11, 2020
  13. Brandon M Brandon M So i have no problem disclosing my prior cases. The issue is the misdemeanor cases were over 15years old and it has been hard for me to find the case numbers and exact date. Will this be a reason for denial? Wednesday, February 10, 2021
  14. The author On your application, give as much detail as possible. Failure to disclose will cause application denial. You should know the charge and the approximate dates, and if you are not sure, you can get a personal background check from the CA Department of Justice or call the Secretary of State. The 15 years is beyond the required 5 years since completion of probation for misdemeanors. 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. A conviction after a plea of nolo contendere is deemed to be a conviction - California Government Code section 82 Wednesday, February 10, 2021
separation line. NEW

#1 in Customer Service Since 2005!

"Hi, I got my test results this weekend. I got a 93. I was pleased. I sure feel better about what I do. Thanks again for your help. Good teacher--good grade! Take care." - C D

Search