It’s no secret that notaries are in high demand these days. But if you’re thinking about becoming one, you might be wondering what disqualifies you from becoming a notary. In this article, we’ll let you know!
First things first: Notaries are required by law to meet certain criteria before they can become commissioned by the state where they live.
For example, if you want to become a notary in California, you need to be at least 18 years old and must be a California resident at time of appointment. You also need to pass an exam that tests your knowledge of state law related to notary services.
And finally, there are some criminal offenses that make people ineligible for commissions as notaries—for example, if you’ve ever been convicted of a crime involving dishonesty or fraud (even if it’s been expunged), you may be barred from becoming a notary. In addition an act involving moral turpitude of a nature that makes an applicant incompatible.
What is moral turpitude?
Moral turpitude is a legal term that has been used to refer to a person’s moral character and their ability to be a good citizen.
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
- Failing 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.)
Note: When a recommendation is made to deny an application, the applicant has the right to appeal the recommendation through the administrative hearing process.
Being arrested or convicted of a crime can have your appointment as a notary denied.
How do they get the information of my criminal history as a notary?
You may be wondering how does the state get your criminal history. Well, notary applicants are required to submit a notary application. On the notary application you must disclose any arrest. Failure to disclose this information may result in denial of an application. The department of justice and fbi conduct background check and send any criminal convictions found on your record and contacts the secretary of state.
– Arrests or prosecutions
– Judgments for or against you in civil actions
– Your identity history, including your name and aliases, Social Security number (SSN), date of birth, place of birth and other biographical information
– Reports from law enforcement agencies about your criminal record (including arrests, convictions and outstanding warrants)