California Notary Commission Term, Expiration, and Grace Period

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Key Takeaways

• A California notary commission is valid for four years from the start date (Government Code § 8204)
• There is no grace period after expiration. You cannot notarize for even one day past your commission end date
• Renewal requires completing a three-hour refresher course (if commissioned before expiration) or a six-hour course (if expired)
• Within 30 days of commission expiration, you must deliver your journal to the county clerk (Government Code § 8209)

How Long Your Commission Lasts

Government Code § 8204 sets the notary commission term at four years. The start date and expiration date are printed on your commission certificate. Your commission does not take effect until you file your oath and bond with the county clerk, so the practical working period may be slightly shorter than four years if you took a few days to file.

The expiration date is firm. Unlike a driver’s license that might have a grace period for renewal, a notary commission ends on the date printed. Notarizing after your commission expires is the same as notarizing without a commission.

No Grace Period

California does not provide a grace period for expired notary commissions. If your commission expires on June 15 and you perform a notarization on June 16, that notarization is invalid. You could face administrative action from the Secretary of State and civil liability if the notarization causes harm.

This catches notaries who submit their renewal application on time but have not received their new commission yet. Until the new commission is issued and you have filed a new oath and bond, your old commission is expired and you cannot act. Plan your renewal months in advance to avoid a gap.

Renewal Requirements

If your current commission has not expired yet, you can renew by completing a three-hour refresher course approved by the Secretary of State (Government Code § 8201(b)). This shorter course is only available to notaries who are currently commissioned and have previously completed the full six-hour course.

If your commission has already expired, you must complete the full six-hour course again. No exceptions. The Secretary of State’s handbook makes this explicit: even if you held a commission for decades, an expired commission requires the six-hour course.

The renewal process also requires passing the exam again, submitting a new application with a new photograph, completing Live Scan fingerprinting again, and obtaining a new bond. Start the renewal process at least three to four months before your commission expires to avoid a gap.

What Happens When Your Commission Expires

• You cannot perform any notarizations
• You must destroy your seal to prevent fraudulent use (Government Code § 8207)
• You must deliver your journal to the county clerk within 30 days (Government Code § 8209)
• Willful failure to deliver the journal is a misdemeanor and creates personal liability for damages

Frequently Asked Questions

How early can I start the renewal process?

The Secretary of State typically sends a renewal notice a few months before your commission expires. You can take the refresher course and the exam before your commission ends. File your new oath and bond as soon as the new commission is issued to minimize any gap.

What if my new commission has a gap between the old and new one?

During the gap, you cannot notarize. There is no workaround. If you know a gap is coming, complete as many pending notarizations as possible before the old commission expires and reschedule anything that falls in the gap period.

Do I need a new seal when I renew?

Yes. Your seal shows the expiration date of your commission. When you receive a new commission with a new expiration date, you need a new seal showing the new date. Destroy the old seal.

Can I keep using my old journal after renewal?

You start a new journal for the new commission period. The old journal must be delivered to the county clerk within 30 days of the old commission’s expiration under Government Code § 8209. Do not add new entries to the old journal.

What if I let my commission expire and do not renew?

Deliver your journal to the county clerk and destroy your seal. You have no further notary obligations. If you later decide to become a notary again, you start from scratch with the six-hour course and a new application.