Quick Reference: Disqualifying Offenses for California Notaries
Automatic Disqualifiers:
- Felonies: Almost always disqualifying (unless pardoned or Certificate of Rehabilitation)
- Crimes of Moral Turpitude: Theft, fraud, embezzlement, perjury, forgery
- Disqualifying Misdemeanors: Less than 5-10 years since probation ended
Generally NOT Disqualifying:
- Simple DUI: Single misdemeanor DUI (must be disclosed)
- Traffic Violations: Speeding, parking tickets
- Simple Assault/Battery: Unless involving protected class or weapon
- Bankruptcy: Financial hardship is not a criminal matter
Key Terms Defined:
- Moral Turpitude: Crimes involving dishonesty, fraud, or deceit that are incompatible with notary duties
- Failure to Disclose: The #1 reason for denial - omitting arrests/convictions on application
- Substantial and Material Misstatement: Legal term for lying on application - grounds for denial even if the crime itself wouldn't disqualify you
- Penal Code § 1203.4: California law allowing certain convictions to be dismissed/expunged, but they must still be disclosed on notary applications
The most terrifying part of the notary application isn't the exam—it's the background check. Many candidates have a "skeleton in the closet" (a DUI from college, a petty theft from 20 years ago) and worry it will ruin their chances.
The California Secretary of State denies hundreds of applications every year. The good news? It's usually not the crime that disqualifies them. It's the cover-up.
This guide explains exactly which crimes are deal-breakers and how to navigate the disclosure process so you don't get denied for a simple mistake.
1. The "Moral Turpitude" Standard
California law (Government Code § 8214.1) allows the California Secretary of State to deny a commission for crimes involving "moral turpitude."
What is Moral Turpitude?
It is a legal term that refers to crimes involving dishonesty, fraud, deceit, or corruption. Since a notary's main job is to be an honest witness, crimes that suggest you are untrustworthy are red flags.
Crimes of Moral Turpitude (Disqualifying)
| Category | Examples |
|---|---|
| Theft | Theft, Burglary, Robbery |
| Financial Crimes | Embezzlement, Fraud, Forgery, Tax Evasion |
| Dishonesty | Perjury (Lying under oath), False Financial Statements |
| Other | Solicitation, Prostitution, Terrorist Threats |
Crimes Generally NOT Considered Moral Turpitude:
- Simple Assault / Battery (unless it involves a protected class/weapon).
- DUI (Simple misdemeanor driving under the influence).
- Traffic Violations (Speeding, parking tickets).
- Marijuana possession (typically).
Coach's Tip: Don't guess if your crime counts. If you were arrested for anything, disclose it. Let the California Secretary of State decide if it matters. "Over-disclosure" is safer than "Under-disclosure."
2. The Automatic Disqualifiers (The "Hard No")
If you have these on your record, your application will almost certainly be denied.
1. Felonies
A felony conviction is a permanent bar to becoming a notary public.
Exception: If you have received a Certificate of Rehabilitation and a Pardon from the Governor, or if your conviction was dismissed under specific statutes that restore your civil rights (rare for modern felonies).
10-Year Rule: Sometimes, if 10 years have passed since the completion of your probation, the California Secretary of State may consider your application, but approval is discretionary and rare.
2. Disqualifying Misdemeanors
You are generally disqualified if you have been convicted of a misdemeanor involving moral turpitude and less than 5 years (sometimes 10) have passed since you finished your probation.
Cooling Off Periods
| Crime Type | Cooling Off Period |
|---|---|
| Disqualifying Misdemeanors | 5 years since probation ended |
| Felonies | 10 years since probation ended (rare approval) |
3. The "Failure to Disclose" Trap (Why Most People Fail)
This is the most critical section of this article. Read it twice.
Scenario: You had a petty theft conviction 15 years ago. It was dismissed/expunged. You think, "It's off my record, I don't need to list it."
Result: DENIED.
Why?
The DOJ/FBI report shows everything, including dismissed charges. When you check "No" on the application question asking about convictions, you are effectively lying to the California Secretary of State. This lie (the omission) is considered a "substantial and material misstatement" under Government Code § 8214.1, which is grounds for denial in itself, even if the 15-year-old theft wouldn't have mattered!
The #1 Reason for Denial: Failure to disclose a conviction, even if the crime itself wouldn't disqualify you. The California Secretary of State sees everything on your FBI report. Hiding something is worse than the crime itself.
What Must You Disclose?
Must Disclose on Application
- ✅ All Arrests pending trial
- ✅ All Convictions (Misdemeanors & Felonies)
- ✅ Convictions dismissed under Penal Code § 1203.4 or 1203.4a
- ✅ DUIs
What Do You NOT Need to Disclose?
- ❌ Traffic infractions (speeding tickets) under $1,000
- ❌ Marijuana convictions that are more than 2 years old (specifically under Health & Safety Code sections 11357(b), (c), (d), (e), or 11360(b))
4. How to Disclose Properly
When filling out your application:
Check 'YES' on Criminal History Question
Don't try to hide anything. Be honest from the start.
Attach a Written Explanation
List the date of arrest, the charge, the court, and the outcome (e.g., "Convicted, paid fine, probation completed in 2018").
Format:
- Date of arrest
- Charge/offense
- Court name
- Outcome (convicted, dismissed, probation completed, etc.)
Attach Court Documents
If you have copies of the dismissal or proof of completed probation, attach them. It shows transparency and helps the California Secretary of State make an informed decision.
Coach's Tip: "Over-disclosure" is safer than "Under-disclosure." If you aren't sure if that college prank was an arrest or just a detention, list it and explain. It's better to disclose too much than too little.
5. Can I Appeal a Denial?
Yes. If you are denied, you have the right to an administrative hearing.
The Process: You will receive a denial letter outlining the reasons. You can request a hearing to present evidence of your rehabilitation (e.g., character references, steady employment, community service).
The Reality: Appeals take time (months) and often require legal help. It is much easier to be honest on the initial application than to fight a denial later.
Frequently Asked Questions (FAQ)
Does a bankruptcy disqualify me?
No. Financial hardship, bankruptcy, or bad credit scores are not grounds for denial. The background check focuses on criminal history, not financial history. Bankruptcy is a civil matter, not a criminal conviction.
I have a DUI from 3 years ago. Can I apply?
Yes, but it is not guaranteed. A single DUI is often excused, but because it is recent (within 5 years), the California Secretary of State may request more information. You must disclose it. Hiding it will result in automatic denial.
What if my record was "Sealed"?
If your record was judicially sealed (not just dismissed), you technically do not have to disclose it. However, the DOJ report might still flag it. If you are unsure if your record is "sealed" vs. "expunged," consult a lawyer before applying.
How far back does the background check go?
Forever. The DOJ/FBI check does not have a time limit. It will show arrests from 30+ years ago. Do not assume "it's too old to show up." The background check is comprehensive and includes your entire criminal history.
Can I be a notary if I have a misdemeanor?
It depends on the crime. Not all misdemeanors disqualify you. The California Secretary of State focuses on crimes involving "moral turpitude" (dishonesty). A single misdemeanor DUI typically does not disqualify you if disclosed. Financial crimes, violent crimes, and crimes of dishonesty will generally disqualify you.
What happens if I don't disclose a conviction?
The California Secretary of State will deny your application for "substantial and material misstatement" under Government Code § 8214.1, even if the crime itself wouldn't have disqualified you. The state sees everything on your FBI report, so hiding a conviction will result in automatic denial.
Can I apply if I have a pending criminal case?
Yes, but you must disclose it. You can apply while your trial is pending, but you MUST disclose the arrest on your application. The California Secretary of State may delay your commission until the case is resolved, or they may deny it if the pending charge is a disqualifying offense.
What is the difference between "expunged" and "sealed"?
Expunged: The conviction is dismissed under Penal Code § 1203.4, but it must still be disclosed on notary applications. The DOJ report will still show it.
Sealed: The record is judicially sealed, and you may not need to disclose it. However, the DOJ report might still flag it. Consult a lawyer if you're unsure.
Next Steps: Be Honest, Be Prepared
Now that you understand disqualifying offenses:
- Disclose Everything: List all arrests and convictions, even if dismissed
- Be Transparent: Attach court documents and written explanations
- Don't Hide Anything: The California Secretary of State sees everything on your FBI report
- Seek Legal Advice: If you're unsure about your record, consult a lawyer
Remember: Failure to disclose is the #1 reason for denial. It's better to be honest and let the Secretary of State decide than to hide something and get denied for the cover-up.
Learn more about the notary application process
Last updated: January 2025. Based on the Official 2025 California Notary Public Handbook, Government Code § 8214.1, and California Secretary of State background check requirements.