California Notary Fingerprinting and Live Scan Background Check Guide

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California requires fingerprinting at two different points in a notary’s career: once to get your commission, and then repeatedly in your journal as you perform notarizations. The processes are completely different, and mixing them up is a common source of confusion among new notaries.

Both processes are covered below.

Live Scan fingerprinting for your notary commission

Before the Secretary of State will issue your notary commission, you must pass a background check. That background check requires one set of fingerprints submitted electronically through the California Department of Justice’s Live Scan program. This is mandated by Government Code 8201.1.

The process goes like this:

  • Pass the notary exam first. You cannot schedule a Live Scan appointment until you have passed the state exam. If you fail the exam, there is no point getting fingerprinted yet.
  • Download the Request for Live Scan Service form. This form is available as a PDF from the Secretary of State’s website. You fill out your personal information, and the Live Scan operator fills in the rest.
  • Go to a Live Scan location. You can find locations on the DOJ’s website at oag.ca.gov/fingerprints/locations. Many police stations, sheriff’s offices, and private fingerprinting services offer Live Scan. Bring your completed form, a current photo ID, and payment.
  • Your fingerprints are transmitted electronically. The Live Scan operator captures your prints and sends them directly to the DOJ and FBI. You do not mail anything to the Secretary of State yourself.
  • Wait for the background check to clear. Your commission will not be issued until both the DOJ and FBI report back. If your record is clean, this typically takes a few days to a few weeks. If there is any criminal history, the review process takes longer.

How much does the Live Scan cost

The total cost has three parts:

  • DOJ processing fee: approximately $32
  • FBI processing fee: approximately $17
  • Rolling fee: $20 to $50, set by the individual Live Scan provider

The total usually falls between $69 and $99. The government fees are fixed, but the rolling fee varies by location. Call ahead to confirm pricing before you go.

These fees are not refundable. If your notary application is denied based on the background check results, you do not get your money back.

What happens if something shows up on your background check

Not every criminal record disqualifies you. The Secretary of State reviews the nature, severity, and recency of any convictions. The disqualifying convictions that come up most often:

  • Any felony
  • Misdemeanors involving dishonesty or moral turpitude (fraud, theft, forgery, embezzlement)
  • Violent misdemeanors (assault, domestic violence)

If your background check reveals a record, the Secretary of State will contact you and may request additional information before making a decision. An expunged conviction may still appear on the FBI check but carries different weight in the evaluation. If you have a record, disclose it on your application. Hoping it goes unnoticed does not work.

You must complete the Live Scan within one year of passing the exam. If you wait longer, you have to retake the exam.

The thumbprint requirement in your notary journal

This is a completely different fingerprinting requirement from the Live Scan background check, and it is one of the most frequently misunderstood rules among new notaries.

Government Code 8206(a)(2)(G) requires you to capture a thumbprint in your journal for these specific document types:

  • Deed
  • Quitclaim deed
  • Deed of trust
  • Any other document affecting real property
  • Power of attorney

The thumbprint goes in your sequential journal, not on the document itself. The right thumb is preferred. If the signer does not have a right thumb, use the left thumb. If neither thumb is available, use any available finger and note which finger was used in the journal. If the signer is physically unable to provide any print at all, note the physical condition and the reason.

This requirement does not apply to a trustee’s deed resulting from a foreclosure decree or a nonjudicial foreclosure, and it does not apply to a deed of reconveyance.

Can you thumbprint every notarization?

Yes. California only requires thumbprints for the document types listed above, but nothing in the law prohibits you from collecting thumbprints for other notarizations. Many experienced notaries do this as a standard practice because it creates a stronger evidentiary record. If a notarization is ever challenged in court, a thumbprint is difficult to dispute.

Some signers may resist giving a thumbprint for routine documents. If you choose to make thumbprinting your standard practice, be prepared to explain briefly that it is for everyone’s protection and that the print stays in your private journal, not on any public document.

Thumbprint mistakes and how to handle them

If the thumbprint comes out smudged or unreadable in your journal, try again in a nearby space on the same line. Do not try to fix a bad print by pressing over it. If there is no room left on the line, note “smudged thumbprint, unable to redo” in the additional information column.

If you forgot to get a thumbprint for a qualifying document and the signer has already left, write a note in the additional information column explaining the omission. The signer would need to return to provide the print if you want the journal entry to be fully compliant. In practice, this is rarely enforced for a first-time omission, but a pattern of missing thumbprints would be a problem during an audit.

Renewal fingerprinting

You must submit new fingerprints for every commission term. The DOJ does not reuse your previous Live Scan results. When you renew your commission, you go through the entire Live Scan process again: same form, same fees, same wait for results.

Plan for downtime during renewal. Between the exam, Live Scan appointment, background check processing, and commission issuance, you may be unable to notarize for several weeks. Submit your Live Scan promptly after passing the renewal exam to minimize the gap.

Keep a copy of your Request for Live Scan Service form after the appointment. It contains the transaction number that the DOJ uses to track your submission. If there is a delay and the Secretary of State has not received your results, this number is what you reference when following up.

Frequently asked questions

Do I need to get fingerprinted before taking the notary exam?

No. You take the exam first, and you only get fingerprinted after you pass. The Live Scan background check is one of the last steps before your commission is issued.

How long do I have to complete the Live Scan after passing the exam?

One year. If you do not complete the Live Scan within 12 months of your exam date, you must retake the exam.

Will an old misdemeanor prevent me from becoming a notary?

It depends on the offense. The Secretary of State evaluates the nature and severity of each conviction. Non-violent misdemeanors that do not involve dishonesty are less likely to be disqualifying. Felonies and crimes involving fraud, theft, or moral turpitude are more likely to result in denial. Disclose any record on your application honestly.

Can I use a previous Live Scan from a different license application?

No. Each commission term requires a new Live Scan submission specifically for the notary public application. The DOJ processes each agency’s request separately.

Do I need a passport photo for the Live Scan appointment?

No. You need a current photo ID (driver’s license, passport, or state ID card), your completed Request for Live Scan Service form, and payment. No photo is required.

What if my fingerprints are rejected for poor quality?

The DOJ will notify you and you will need to be reprinted. Some Live Scan providers will redo the prints at no additional charge if the rejection was due to print quality rather than a processing error. This is one reason to choose a reputable provider.

Can I get a thumbprint from a signer who has no hands?

Government Code 8206(a)(2)(G) accounts for this. If the signer is physically unable to provide a thumbprint or fingerprint, note the physical condition and the explanation in your journal. You can still complete the notarization.

Do credible witnesses need to provide thumbprints?

No. The thumbprint requirement applies to the person whose signature is being notarized, not to the credible witnesses vouching for their identity. Credible witnesses sign your journal and provide their ID information, but they are not required to leave thumbprints.

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