Disciplinary Actions for California Notaries: A Comprehensive Summary

The California Secretary of State can deny, suspend, or revoke your notary commission for a range of violations. Here are the most common reasons notaries face disciplinary action, based on the current Notary Public Handbook.

Grounds for Discipline

False or incomplete applications

Lying on your application or leaving out required information (such as criminal history or prior commission problems) can result in denial or revocation. This includes failing to disclose a name change, a new address, or a criminal conviction that occurred after your original application. The Secretary of State treats omission the same as lying.

Criminal convictions

A felony conviction or any disqualifying misdemeanor will get your commission denied or revoked. This includes convictions that were not disclosed on your original application. Common disqualifying offenses include fraud, theft, forgery, and any crime involving dishonesty. If you are arrested or convicted while commissioned, you must notify the Secretary of State promptly.

Overcharging

California sets a maximum fee of $15 per signature for acknowledgments and jurats (Government Code § 8211). Charging more than the legal limit is a violation, even if the signer agrees to pay more. The Secretary of State has suspended commissions for overcharging as little as $5 on a single transaction. See our guide to California notary fees.

Improper notarizations

This includes executing false certificates, notarizing without the signer present (when required), notarizing documents you have a financial interest in, or failing to properly identify the signer. Notarizing a document in which you are a named party is one of the fastest ways to lose your commission.

Failure to secure your seal and journal

You must keep your seal and journal locked up when not in use. If either is lost or stolen, you must report it to the Secretary of State immediately. Failing to do so is a separate violation on top of whatever misuse occurs with the stolen items. A stolen journal with no police report and no SOS notification is a guaranteed suspension.

Failure to provide records

The Secretary of State can request certified copies of your journal or information about your official acts at any time. Refusing to provide them is grounds for discipline. You must also provide copies of journal entries to any member of the public who requests them (for a fee of $0.30 per page), though only the requesting party’s own entries are accessible to the public.

Illegal advertising

Using “notario” or “notario público” in any advertisement is prohibited. Advertising that you can provide legal advice (unless you are a licensed attorney) is also a violation. This rule exists because “notario” in many Latin American countries refers to a lawyer, and using the term misleads Spanish-speaking consumers. For details, see our post on why “notario público” is illegal in California.

Other violations

Fraud relating to a deed of trust, forgery, grand theft, and failure to comply with child or family support obligations can all result in disciplinary action. Performing notarizations outside the scope of your authority (for example, certifying a copy of a birth certificate, which California notaries cannot do) is also grounds for discipline.

Types of Discipline

• Revocation: Permanent loss of your commission. Typically for serious or repeated violations. You may be barred from reapplying.
• Suspension: Temporary loss of authority, sometimes with conditions for reinstatement (such as retaking the education course or paying fines).
• Fines: Monetary penalties for violations like overcharging or record-keeping failures. Fines can reach $1,500 per violation under Government Code § 8214.15.
• Mandatory education: Required to retake the notary course to reinforce proper practices.

The Complaint Process

Complaints against notaries are filed with the Secretary of State’s office. Anyone can file: a signer, a title company, a lender, or a member of the public. The SOS reviews the complaint, requests your journal if relevant, and may schedule an administrative hearing.

You will receive written notice of any investigation and have the opportunity to respond. Ignoring the notice makes things worse. If the SOS finds a violation, they issue a decision that can include revocation, suspension, fines, or mandatory retraining. You have the right to appeal.

How to Stay Out of Trouble

1. Keep accurate journal entries for every notarization.
2. Always verify the signer’s identity with a government-issued photo ID.
3. Charge no more than $15 per signature.
4. Keep your seal and journal locked up when not in use.
5. Never advertise using “notario” or imply you can give legal advice.
6. Respond promptly to any requests from the Secretary of State.
7. Stay current on notary law changes by reviewing the Notary Public Handbook.
8. Never notarize a document in which you have a personal or financial interest.
9. Report any criminal conviction, lost seal, or stolen journal immediately.

Frequently Asked Questions

What happens if I charge more than $15 per notarization?

You can face fines up to $1,500 per violation, suspension, or revocation of your commission. The $15 per signature limit is set by state law (Government Code § 8211).

Can I get my commission back after revocation?

It depends on the reason. Some revocations are permanent. Others may allow you to reapply after a waiting period. Check with the Secretary of State for your specific case.

Do I need to report a DUI to the Secretary of State?

Yes. DUIs are among the convictions that must be disclosed. Failure to report can result in separate disciplinary action on top of any consequences from the conviction itself.

What if my journal is stolen?

Report it to the Secretary of State immediately. Also file a police report. Failure to report a lost or stolen journal is a separate violation.

Who investigates notary complaints in California?

The Secretary of State’s office investigates complaints. They can request your journal, interview witnesses, and hold administrative hearings.

Can a notary go to jail for violations?

Willful violations like fraud, forgery, or executing false notarial certificates can be prosecuted as misdemeanors or felonies. Administrative discipline is handled by the SOS; criminal charges go through the courts.