How Can a Notary Lose His License?

A notary public is an official appointed by state government to serve the public as an impartial witness in performing a variety of official acts related to the signing of important documents. A notary public makes notarizations, and affixes his seal to a document to confirm that the signatories signed it in his presence. The law requires a notary public to record all notarizations in her record book. Although notary record books are the property of the notary, the information is public record and a certified copy of a record book must be provided by a notary upon request. Notaries can lose their license for several reasons related to moral turpitude.

Felony Conviction

Most states have laws specifying that notaries can have their licenses suspended or revoked for "good cause." Any felony conviction is sufficient cause for suspension or revocation of a notary's license in nearly all states. That said, a felony conviction does not result in a mandatory revocation of a notary license, as state agencies typically review each case individually.

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Class A or B Misdemeanor or Moral Turpitude Convictions

A conviction for Class A or Class B misdemeanor or any type of misdemeanor conviction related to moral turpitude is also good cause for suspension or revocation of a notary public license in most states. Class C misdemeanors are generally not considered sufficient cause for loss of license. Moral turpitude is generally understood to include crimes such as fraud, theft and embezzlement.

Failure in Notary Public Duties

Failure to execute any of the required duties of a notary public is also grounds for suspension or revocation of a license. Examples of failure in duties include the unauthorized practice of law, not using a valid notary seal, failing to administer an oath or affirmation, charging a fee greater than the fees currently authorized by law, executing notarial duties on a document with a statement known to the notary public to be false, or not completing the notarization at the same time the notary public's signature and seal are affixed to the document.

Failure to Respond to a Public Information Request

A notary public's record book is considered to be public record, and a notary is required to reply to all valid requests for copies of her record book in a timely fashion. A valid request includes payment of fee for copies of the record book. A notary public can have her license suspended or revoked for refusal to reply to a valid request for copies of her record book.

References

• Texas Secretary of State: Frequently Asked Questions for Notaries Public
• Washington State Department of Licensing: Frequently Asked Questions: Notaries Public
• Oklahoma Secretary of State: Frequently Asked Questions Regarding Notaries Public

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