California Notary FAQ: Common Questions & Hard Truths (2026)
Becoming a California notary public requires navigating specific rules, strict deadlines, and disclosure requirements. This FAQ cuts through the confusion with accurate answers based on current Secretary of State regulations.
Criminal History & Background Checks
Do I have to disclose a DUI on my notary application?
Yes, absolutely. You must disclose ALL convictions on your California notary application, including DUIs, dismissed cases, and expunged records. This is non-negotiable.
Here’s the critical point: A single DUI is not an automatic disqualification, but failing to disclose it on your application IS. The Secretary of State reviews DUI cases individually. If you omit it, you will likely be denied for dishonesty.
What if my conviction was expunged or dismissed?
You must still disclose it. Expungement does not erase the conviction from FBI or DOJ databases. The Live Scan background check will reveal these records.
The Logic Behind Full Disclosure: Your background check is federal (FBI) and state (DOJ). They see everything. The primary test is honesty. Hiding past convictions leads to automatic denial.
Timeline: How Long Does It Really Take?
Realistically, expect 3 to 4 months. Here is the typical breakdown:
- Education Course: 6 hours (1 day).
- Exam Results: ~15 business days after testing.
- Background Check (Live Scan): 1 to 2 weeks typically.
- Commission Packet Processing: This is the longest wait. The Secretary of State can take 6 to 10 weeks to process your paperwork depending on the backlog.
The 30-Day Filing Deadline (The “Void” Rule)
What happens if I miss the 30-day deadline?
Your commission becomes VOID. Period. Once you receive your commission papers, you have exactly 30 CALENDAR days to file your oath and bond with the County Clerk.
Critical Warning: If you file on Day 31, your commission is void. There is no grace period. You must start the entire application process over and pay all fees again.
Strict Journal Rules (Don’t Get Fined!)
Do I really need to take a thumbprint for every notarization?
Not for every single one, but for real estate documents, YES. California Government Code section 8206 is very specific about when thumbprints are mandatory.
You must obtain a right thumbprint in your journal for:
- Deeds of Trust
- Quitclaim Deeds
- Powers of Attorney
- Any documents affecting real property
Penalty Warning: Failure to capture a thumbprint when required allows the Secretary of State to fine you up to $2,500 per violation. When in doubt, experienced California notaries recommend taking a thumbprint for every notarization to be safe.
Can I use any notebook as a journal?
No. California law mandates specific journal requirements. You must use a bound journal with numbered pages. Loose-leaf notebooks, spiral notebooks, or computer files do not satisfy this requirement.
The journal must be kept in a locked and secured area under your exclusive control. If you lose your journal, you must notify the Secretary of State immediately.
⚡ Speed Round: Yes or No?
NO. Legal residency is sufficient.
YES. It is valid for 1 year from the test date.
NO. You must retest every 4 years.
NO. (Optional). Only the $15k Bond is mandatory.