Application Denial
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
- Below is a list of disqualifying DUIs:
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
*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
Friday, September 27, 2019
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