Can You Become a Notary with a Misdemeanor?
Notary publics play a crucial role in the verification and authentication of important documents, such as property deeds, wills, and powers of attorney. However, becoming a notary public requires meeting specific requirements, including a background check. One common question among those interested in becoming a notary is whether it’s possible to become a notary with a misdemeanor on your record.
The Answer: It Depends
The answer to this question is not a simple "yes" or "no." The decision to grant a notary commission with a misdemeanor on your record is ultimately up to the state where you’re applying to become a notary. Different states have varying policies regarding notary applications and criminal convictions.
Types of Misdemeanors That May Affect Your Notary Application
While some states may allow individuals with certain types of misdemeanors to become notaries, others may have stricter policies. Here are some types of misdemeanors that may affect your notary application:
• Traffic offenses: A single traffic offense, such as speeding or reckless driving, may not disqualify you from becoming a notary.
• Misdemeanor drug offenses: Possession of small amounts of marijuana or other non-violent drug offenses may not automatically disqualify you, but it may raise concerns.
• Violent crimes: Convictions for violent crimes, such as assault or battery, may disqualify you from becoming a notary.
• Theft or fraud: Convictions for theft, fraud, or embezzlement may automatically disqualify you from becoming a notary.
State-by-State Analysis
Each state has its own rules and regulations regarding notary applications and criminal convictions. Here’s a brief analysis of some states’ policies:
| State | Policy on Misdemeanor Convictions |
|---|---|
| California | Applicants with a misdemeanor conviction may still be eligible for a notary commission, but it depends on the type and severity of the offense. |
| Florida | A single misdemeanor conviction is not automatically disqualifying, but a conviction for a crime that "relates to fraud or deceit" may disqualify the applicant. |
| New York | A misdemeanor conviction for a crime that is "directly related to the duties and responsibilities of a notary public" may disqualify the applicant. |
| Texas | A misdemeanor conviction that is "related to a breach of trust" or "a crime of dishonesty" may disqualify the applicant. |
The Notary Commission Application Process
To become a notary public, you’ll typically need to:
- Meet the state’s eligibility requirements: Check with your state’s notary public division for specific requirements, which may include age, residency, and citizenship requirements.
- Apply for a notary commission: Submit an application, usually online or by mail, along with the required fees and supporting documents, such as proof of identity and residency.
- Pass a background check: The state will conduct a background check to verify your criminal history.
- Take a notary education course: Complete a state-approved notary education course to learn about notary laws and best practices.
- Pass a notary exam: Take a written exam to test your knowledge of notary laws and procedures.
- Take an oath of office: Sign an oath of office and receive your notary commission.
Conclusion
While some states may allow individuals with certain types of misdemeanors to become notaries, others may have stricter policies. It’s essential to research your state’s specific laws and regulations regarding notary applications and criminal convictions before applying. Additionally, being upfront and honest about your criminal history is crucial to maintaining the integrity of the notary public system.
