California Notary Application Denials: Why Commissions Get Rejected

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Key Takeaways

• The Secretary of State can deny your application for failing to disclose any conviction, including those dismissed under Penal Code § 1203.4 (Government Code § 8214.1)
• Felony convictions are disqualifying. Certain misdemeanors are also disqualifying, depending on the offense
• You have the right to appeal a denial through an administrative hearing process (Government Code § 8214.3)
• Honest disclosure on your application is the safest approach, even for old or dismissed convictions

Why Applications Get Denied

Government Code § 8214.1 lists the grounds on which the Secretary of State may deny a notary application. The most common reasons fall into a few categories.

Failure to disclose convictions. This is the number one reason for denials. The application asks you to disclose all arrests where trials are pending and all convictions, including convictions dismissed under Penal Code § 1203.4 or 1203.4a. A dismissed conviction under these sections is legally “set aside” in criminal court, but for notary application purposes, you still have to disclose it. The Secretary of State sees your criminal record during the Live Scan background check. If your application says nothing and the background check returns a conviction, the denial is based on the failure to disclose, not the conviction itself.

Felony convictions. A felony conviction on your record is disqualifying. There is no time limit and no exception. If you were convicted of a felony in any jurisdiction, you cannot become a notary in California.

Disqualifying lesser offenses. The Secretary of State publishes Notary Public Disciplinary Guidelines that list the most common disqualifying convictions. These include offenses involving fraud, dishonesty, violence, and certain other categories. Not every misdemeanor disqualifies you, but offenses involving moral turpitude or breach of trust often do.

Other grounds. Government Code § 8214.1 includes additional reasons the Secretary of State may deny an application, such as submitting a fraudulent application, failing the exam, or having a previous notary commission revoked for cause.

What Counts as a “Conviction” on the Application

Many applicants stumble here. For the notary application, a “conviction” includes:

• Guilty verdicts at trial
• No contest (nolo contendere) pleas
• Guilty pleas
• Convictions dismissed under Penal Code § 1203.4 or 1203.4a
• Juvenile adjudications that would be crimes if committed by an adult

A Penal Code § 1203.4 dismissal does not erase the conviction from your record. It releases you from certain penalties and disabilities, but the Secretary of State still requires disclosure. If you are not sure whether something on your record counts, the handbook recommends contacting the California Department of Justice at (916) 227-3849 for your own records.

The Background Check Process

After you pass the exam, the Secretary of State mails you Live Scan fingerprinting instructions. You get fingerprinted at an authorized Live Scan provider, and the prints are sent to the California Department of Justice and the FBI for a background check.

The DOJ returns your criminal history (if any) to the Secretary of State. The Secretary of State compares your background check results against what you disclosed on your application. If the background check shows something you did not disclose, the application is denied for nondisclosure.

Disclosing everything protects you. A conviction that you honestly disclose might not disqualify you. That same conviction, undisclosed, will result in a denial based on the failure to disclose, regardless of whether the underlying offense would have been disqualifying on its own.

How to Appeal a Denial

Government Code § 8214.3 gives you the right to an administrative hearing to contest a denial. If your application is denied, the Secretary of State will notify you in writing with the reason for the denial and instructions for requesting a hearing.

The hearing is conducted under the Administrative Procedure Act. You can represent yourself or hire an attorney. The hearing officer considers the evidence and makes a recommendation to the Secretary of State, who issues a final decision.

Successful appeals often involve demonstrating rehabilitation for older convictions, showing that the conviction was not accurately reported on the background check, or proving that the offense does not fall within the disqualifying categories. Results depend on the details.

Practical Advice for Applicants With a Record

• Disclose everything. Every conviction, every dismissed charge under PC 1203.4, every pending case. If you are not sure whether to disclose something, disclose it anyway
• Order your own criminal history from the DOJ before applying. This lets you see what the Secretary of State will see
• If you have a felony conviction, know that it is disqualifying. An appeal would need to address whether the conviction is accurately classified
• Old convictions are not exempt. A 20-year-old misdemeanor conviction that you forgot about is still on your DOJ record
• Be prepared to explain the circumstances at a hearing if your application is denied. Documentation of rehabilitation, employment history, and community involvement helps

Frequently Asked Questions

Can I become a notary if I have a DUI on my record?

A DUI conviction is a misdemeanor in most cases. Whether it disqualifies you depends on the specific facts and how the Secretary of State’s disciplinary guidelines classify the offense. Disclose it on your application and let the Secretary of State make the determination.

Do I have to disclose a conviction that was expunged?

California’s Penal Code § 1203.4 dismissal (commonly called an “expungement”) does not relieve you of the obligation to disclose the conviction on a notary application. The application instructions specifically state that convictions dismissed under PC 1203.4 or 1203.4a must be disclosed.

What if my conviction was in another state?

Yes, disclose it. The application asks for all convictions regardless of jurisdiction. The FBI background check covers all states, so an out-of-state conviction will appear on your record.

How long does the appeal process take?

Administrative hearings under the Administrative Procedure Act can take several months from the time you request a hearing to a final decision. Contact the Secretary of State’s office for current timelines.

Can I reapply if my application is denied?

Yes, but you need to address the reason for the denial. If the denial was for nondisclosure, reapplying with full disclosure may resolve the issue. If the denial was for a disqualifying conviction, you would need to appeal the denial or wait until circumstances change (such as obtaining a pardon).