Identity Verification: What IDs Can California Notaries Accept?

If you’re looking to become a California notary, our state-approved online course covers everything including exam prep and your certificate. Learn about the course 

Key Takeaways

• California Civil Code § 1185 lists two categories of acceptable ID: “primary” (California DMV, US passport, inmate IDs) and “secondary” (out-of-state licenses, military IDs, consular IDs)
• All IDs must be current or issued within the past five years, contain a photograph and description, be signed by the person, and bear a serial or identifying number
• Permanent resident cards (green cards) are not on the statutory list and cannot be used as sole identification
• Expired IDs are acceptable only if they expired within the last five years
• When no ID is available, credible witnesses can be used under specific conditions

Verifying a signer’s identity is the core of what a notary does. Get this wrong and the entire notarization is invalid. Get it wrong on a real estate document and you could be looking at a lawsuit. California gives you a specific list of acceptable IDs. If the document is not on that list, you cannot use it.

Here is every ID a California notary can accept, the rules for expired IDs, and what to do when someone shows up with nothing on the list.

Category 1 IDs (Civil Code § 1185(b)(3))

These are the most common forms of identification. They must be current or issued within five years.

Category 2 IDs (Civil Code § 1185(b)(4))

These IDs have additional requirements. They must be current or issued within five years, and they must contain a photograph and description of the person, be signed by the person, and bear a serial or other identifying number. If any of those elements is missing, the ID cannot be used.

The Five-Year Rule for Expired IDs

California allows expired IDs, but only within limits. The ID must have been issued within the past five years. That means if someone’s California driver’s license expired two years ago, you can still use it. If it expired seven years ago, you cannot.

The five-year window is measured from the issue date on the ID, not the expiration date. An ID issued in January 2022 that expires in January 2028 is fine. An ID issued in March 2020 that expired in March 2025 is also fine (within five years of issue). An ID issued in April 2019 is too old, regardless of when it expired.

For Category 2 IDs, the five-year rule applies to the expiration date, not just the issue date. The ID must either be current or have expired within the last five years.

IDs You Cannot Accept

These come up often. Just because an ID looks official does not mean it is on the statutory list.

Permanent resident cards (green cards)

Green cards are not listed in Civil Code § 1185. They are federal documents issued by USCIS, but California notary law does not include them as acceptable identification. You cannot use a green card as the sole basis for identifying a signer.

This surprises a lot of notaries. The card has a photo, a fingerprint, an expiration date, and a USCIS number. But the statute is specific about what it accepts, and green cards are not on the list.

Social Security cards

No photograph, no description, no signature in many cases. Not acceptable.

Birth certificates

No photograph. Not acceptable for identity verification.

Credit cards or debit cards

Not government-issued identification. Not acceptable.

Work badges from private employers

The statute allows employee IDs only from government agencies (state, city, county). A badge from a private company, even one with a photo, is not acceptable.

Student IDs

School and university IDs are not on the list. Even if the school is a public university, the ID card is not issued by a state agency or city/county government in the way the statute intends.

Matricula Consular: A Special Case

The matricula consular is issued by Mexican consulates to Mexican citizens living abroad. It falls under Category 2 as a “consular identification document.” You can accept it if it meets all the Category 2 requirements: current or issued within five years, photograph, description, signature, and serial number.

Not all matricula cards have all four elements. Older versions may lack a physical description. Check the card carefully before accepting it.

What to Record in Your Journal

Government Code § 8206(a)(2)(D) requires you to record the following when you use an ID to verify identity:

• Type of identifying document (e.g., “California driver’s license”)
• Governmental agency issuing the document (e.g., “California DMV”)
• Serial or identifying number on the document
• Date of issue or expiration of the document

Do not record the full ID number in some public-facing place. This information goes in the journal only. The journal is the notary’s property and must be kept secured.

When No Acceptable ID Is Available

If the signer has no ID on the statutory list, you have two options: use credible witnesses or refuse the notarization.

Credible witnesses are people who vouch for the signer’s identity under oath. One witness if personally known to the notary, two if not. The rules for credible witnesses are covered in detail in our article on California credible witness rules.

You are never required to use credible witnesses. If something feels off, you can simply decline.

Frequently Asked Questions

Can I accept a green card as identification?

No. Green cards (Permanent Resident Cards) are not listed in Civil Code § 1185. Even though they are government-issued with photographs, they are not on California’s statutory list of acceptable notary IDs.

Can I accept an expired driver’s license?

Yes, if it was issued within the past five years. A California driver’s license that expired three years ago is acceptable. One that expired eight years ago is not.

What about a passport from another country?

Foreign passports are acceptable under Category 2 (Civil Code § 1185(b)(4)(A)). The passport must be current or issued within five years, contain a photo and description of the person, be signed, and have a serial number.

Can I accept a photocopy of an ID?

No. The signer must present the original physical document. A photocopy, a picture on a phone, or a digital copy is not acceptable.

Is a REAL ID different from a regular driver’s license for notarization?

No. Both are California driver’s licenses issued by the DMV. The REAL ID marking does not change how you treat it for notarization purposes. If it is a California driver’s license or ID card, it fits Category 1.

Can I accept a military dependent ID?

The statute says “identification card issued by any branch of the Armed Forces of the United States.” A dependent ID (DD Form 1173) is issued by the Department of Defense. As long as it meets the Category 2 requirements (photo, description, signature, serial number, current or issued within five years), it is acceptable.

What if the photo on the ID does not look like the person?

You can refuse the notarization. The law requires “satisfactory evidence” that the person is who they claim to be. If the photo does not match, that is not satisfactory evidence. Trust your judgment.

Do I need to make a copy of the ID?

No. California law does not require you to copy the ID. You record the type, issuing agency, serial number, and issue or expiration date in your journal. That is sufficient.