Quick Reference: California Notary Eligibility 2025
Core Requirements:
- Age: Must be at least 18 years old (no maximum age limit)
- Residency: Must be a legal resident of California (U.S. citizenship NOT required, except for military/naval reservations)
- Education: Must complete a 6-hour Secretary of State-approved course
- Examination: Must pass the proctored, closed-book exam administered by CPS HR Consulting
- Background Check: Must clear DOJ and FBI LiveScan fingerprinting (all arrests and convictions must be disclosed)
Key Terms Defined:
- Legal Resident: A person who legally resides in California, regardless of U.S. citizenship status
- Moral Turpitude: Crimes involving dishonesty, fraud, or deceit that are incompatible with notary duties
- LiveScan: Electronic fingerprinting process used by California to check criminal history against DOJ and FBI databases
- Substantial and Material Misstatement: Failure to disclose a conviction on the application, which results in automatic denial regardless of the crime itself
- Penal Code § 1203.4: California law allowing certain convictions to be dismissed/expunged, but they must still be disclosed on notary applications
To qualify as a California Notary Public in 2025, you must meet four core requirements: be at least 18 years old, be a legal resident of California, complete a state-approved 6-hour education course, and pass a written examination. Additionally, you must clear a rigorous DOJ and FBI background check. You do not need to be a U.S. citizen, but you must disclose all past arrests and convictions.
This guide answers the most common eligibility questions, including: Can I be a notary if I have a DUI? Do I have to be a US citizen? What crimes disqualify me? We break down every requirement with real scenarios and examples.
1. The 4 Non-Negotiable Requirements
Before you register for the exam, you must confirm you meet the statutory baseline found in Government Code § 8201. Missing any one of these requirements will result in automatic denial of your application.
California Notary Eligibility Requirements 2025
| Requirement | Details |
|---|---|
| Age | Must be at least 18 years old (no maximum age limit) |
| Residency | Must be a legal resident of California (U.S. citizenship NOT required, except for military/naval reservations) |
| Education | Must complete a 6-hour course of study approved by the California Secretary of State |
| Examination | Must pass the proctored, closed-book exam administered by CPS HR Consulting |
Age Requirement
You must be at least 18 years old to be commissioned as a California Notary Public. There is no maximum age limit.
Coach's Tip: Don't try to "time" your 18th birthday. You can take the education course early, but you cannot take the official exam or submit an application until you are legally 18 years old.
Residency Requirement
You must be a legal resident of California. This means your primary residence must be within California borders.
Important Clarifications:
- U.S. Citizenship NOT Required: You do not need to be a U.S. citizen. Permanent residents (Green Card holders) and those with legal status to work in the U.S. are eligible.
- Exception: If you are applying to be a notary on a military or naval reservation, you must be a U.S. citizen.
- Working in California is NOT Enough: You cannot qualify if you live in Nevada but work in California. Your primary residence must be in California.
Education Requirement
You must complete a 6-hour course of study approved by the California Secretary of State. This course must be completed before you can register for the exam.
Examination Requirement
You must pass the proctored, closed-book exam administered by CPS HR Consulting. The exam consists of 45 questions (40 scored + 5 trial), has a 60-minute time limit, and requires a 70% passing score.
2. The "Integrity" Filter: Background Checks & LiveScan
California uses a LiveScan fingerprinting process to check your criminal history against Department of Justice (DOJ) and FBI databases. This is where most eligibility issues arise.
The Golden Rule of Disclosure:
You are required to disclose ALL arrests and convictions on your application, including:
- Misdemeanors and Felonies
- DUI convictions
- Convictions that were dismissed under Penal Code § 1203.4
- Arrests for which a trial is pending
Automatic Denial: The California Secretary of State will deny your application if you fail to disclose a conviction, even if the crime itself wouldn't have disqualified you. This is considered a "substantial and material misstatement" under Government Code § 8214.1.
What is LiveScan?
LiveScan is an electronic fingerprinting process used by California to check your criminal history against both the Department of Justice (DOJ) and FBI databases. You must submit fingerprints via LiveScan after passing the exam, and the background check must clear before you can receive your commission.
3. Disqualifying Offenses (The "Red List")
Not all crimes disqualify you, but many do. The California Secretary of State focuses on crimes involving "moral turpitude" (dishonesty) and incompatibilities with notary duties.
Disqualifying Offenses for California Notary Public
| Category | Examples of Disqualifying Convictions |
|---|---|
| Felonies | Any felony conviction generally disqualifies you (unless restored via pardon/relief). |
| Financial Crimes | Embezzlement, Forgery, Fraud, Identity Theft, Tax Evasion, Money Laundering. |
| Violent Crimes | Assault, Battery, Terrorist Threats, Kidnapping. |
| Dishonesty | Perjury, Solicitation, False Financial Statements. |
| Real Estate | Real Estate Fraud, filing false documents affecting real property. |
What is Moral Turpitude?
Moral Turpitude refers to crimes involving dishonesty, fraud, or deceit that are incompatible with notary duties. The California Secretary of State uses this standard to evaluate whether a conviction should disqualify you from becoming a notary.
Coach's Tip: There is a "cooling off" period for some crimes. For many disqualifying misdemeanors, you may be eligible if 5 years have passed since the completion of your probation. For felonies, it is often 10 years. However, approval is not guaranteed and depends on the specific crime and circumstances.
4. Real-Life Eligibility Scenarios
Here are common situations candidates face when applying for a California Notary Public commission.
Scenario A: The Non-Citizen
"I am a permanent resident (Green Card holder), not a U.S. citizen. Can I apply?"
Verdict: YES.
California law requires you to be a "legal resident of California," not a citizen. As long as you legally reside in the state, you are eligible. The California Secretary of State does not require U.S. citizenship for standard notary applications.
Exception: If you are applying to be a notary on a military or naval reservation, you must be a U.S. citizen.
Scenario B: The Old DUI
"I had a DUI conviction 8 years ago. Am I disqualified?"
Verdict: PROBABLY NOT (If Disclosed).
A single misdemeanor DUI is generally not considered a crime of "moral turpitude" involving dishonesty. However, you MUST disclose it on your application. If you hide it, you will be denied for the lie, not the DUI.
Important: Multiple DUIs or a DUI that resulted in injury or death may be treated differently. Always disclose and let the California Secretary of State make the determination.
Scenario C: The "Dismissed" Conviction
"My shoplifting charge was dismissed/expunged. Do I have to list it?"
Verdict: YES.
The application asks for convictions dismissed under Penal Code § 1203.4. You must list it. The California Secretary of State sees everything on the FBI report anyway, and failure to disclose will result in denial.
Penal Code § 1203.4 allows certain convictions to be dismissed/expunged, but they must still be disclosed on notary applications. The dismissal does not erase the conviction from your record for notary purposes.
Scenario D: The Bankruptcy
"I filed for bankruptcy last year. Does that disqualify me?"
Verdict: NO.
Financial hardship or bankruptcy is not a disqualifying factor. The state checks for crimes, not credit scores. Bankruptcy is a civil matter, not a criminal conviction, so it does not affect your eligibility.
Scenario E: The Pending Arrest
"I was arrested last month, but my trial is pending. Can I still apply?"
Verdict: YES, BUT 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.
Scenario F: The Out-of-State Resident
"I live in Nevada but work in California. Can I apply?"
Verdict: NO.
You must be a legal resident of California. Working in the state is not enough; your primary residence must be within California borders. You cannot qualify if you live in another state, even if you work in California.
5. Common Mistakes That Lead to Denial
Top Reasons for Notary Application Denial
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Failure to Disclose Convictions: The most common reason for denial is failing to disclose a conviction, even if the crime itself wouldn't have disqualified you.
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Applying Before Age 18: You cannot take the exam or submit an application until you are legally 18 years old.
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Not Being a Legal Resident: You must be a legal resident of California, not just work in the state.
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Disqualifying Convictions: Felonies, financial crimes, and crimes of moral turpitude will generally result in denial.
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Incomplete Application: Missing required documents, photos, or information will delay or deny your application.
Common Trap: Many candidates think that if a conviction was "expunged" or "dismissed," they don't need to disclose it. This is false. You must disclose all convictions, including those dismissed under Penal Code § 1203.4. The California Secretary of State will see them on your FBI report anyway.
6. The Application Process: What to Expect
After you meet the eligibility requirements, here's what happens:
Complete Education Course
You must complete a 6-hour course of study approved by the California Secretary of State. Your "Proof of Completion" certificate is valid for 2 years, so you can retake the exam multiple times within that window if needed.
Pass the Examination
You must pass the proctored, closed-book exam administered by CPS HR Consulting. The exam fee is $20.00, and you can retake it as many times as needed (once per calendar month).
Submit LiveScan Fingerprints
After passing the exam, you must submit fingerprints via LiveScan. The Department of Justice (DOJ) and FBI will check your record. This process typically costs $70-$90 and can take anywhere from a few days to several months depending on your record.
Disclose All Arrests and Convictions
On your application, you must disclose ALL arrests and convictions, including:
- Misdemeanors and Felonies
- DUI convictions
- Convictions dismissed under Penal Code § 1203.4
- Arrests for which a trial is pending
Wait for Background Check Clearance
The California Secretary of State will review your application and background check. If everything is in order, you will receive your commission packet in the mail within 4-8 weeks.
7. Practice Quiz: Test Your Knowledge
California notary eligibility requires understanding the requirements. Answer these 3 questions to gauge your readiness:
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Do I need to be a U.S. citizen to become a California Notary Public?
- A) Yes, U.S. citizenship is required
- B) No, but you must be a permanent resident
- C) No, you only need to be a legal resident of California
- D) Yes, but only if you work on a military base
- Answer: C) No, you only need to be a legal resident of California - U.S. citizenship is not required for standard notary applications. You must be a legal resident of California, which includes permanent residents (Green Card holders) and those with legal status to work in the U.S. The only exception is if you are applying to be a notary on a military or naval reservation, in which case you must be a U.S. citizen.
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I had a DUI conviction 6 years ago. Will this disqualify me from becoming a notary?
- A) Yes, DUI convictions always disqualify you
- B) No, DUI convictions never disqualify you
- C) Probably not, but you must disclose it on your application
- D) Only if it was a felony DUI
- Answer: C) Probably not, but you must disclose it on your application - A single misdemeanor DUI is generally not considered a crime of "moral turpitude" involving dishonesty, so it typically does not disqualify you. However, you MUST disclose it on your application. If you hide it, you will be denied for the lie, not the DUI. Multiple DUIs or a DUI that resulted in injury or death may be treated differently.
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My shoplifting conviction was dismissed under Penal Code § 1203.4. Do I need to disclose it on my notary application?
- A) No, dismissed convictions don't need to be disclosed
- B) Yes, you must disclose all convictions, including those dismissed under Penal Code § 1203.4
- C) Only if it was a felony
- D) Only if it was within the last 5 years
- Answer: B) Yes, you must disclose all convictions, including those dismissed under Penal Code § 1203.4 - Penal Code § 1203.4 allows certain convictions to be dismissed/expunged, but they must still be disclosed on notary applications. The California Secretary of State sees everything on your FBI report anyway, and failure to disclose will result in denial.
Need more practice? Start drilling 164 practice questions now
Frequently Asked Questions (FAQ)
Can I become a notary if I have a felony?
Generally, no. A felony conviction is a permanent bar unless you have received a Certificate of Rehabilitation or a Pardon. If 10 years have passed since your probation ended, you may have a chance depending on the specific crime, but approval is rare. The California Secretary of State evaluates each case individually.
Can I be a notary if I have a DUI?
Probably yes, if disclosed. A single misdemeanor DUI is generally not considered a crime of "moral turpitude" involving dishonesty, so it typically does not disqualify you. However, you MUST disclose it on your application. Multiple DUIs or a DUI that resulted in injury or death may be treated differently.
Do I have to be a U.S. citizen to be a notary in California?
No. You do not need to be a U.S. citizen. You must be a legal resident of California, which includes permanent residents (Green Card holders) and those with legal status to work in the U.S. The only exception is if you are applying to be a notary on a military or naval reservation, in which case you must be a U.S. citizen.
What happens if I don't disclose a conviction on my application?
The California Secretary of State will deny your application for a "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.
Do I have to take the class again if I fail the exam?
No. Your "Proof of Completion" certificate for the 6-hour course is valid for 2 years. You can retake the exam as many times as you want (paying the $20 fee each time) within that 2-year window.
Does my 17-year-old high school student qualify?
No. They must be 18 years old to be commissioned. They can take the education course early, but they cannot take the official exam or submit an application until their birthday.
What if I live in Nevada but work in California?
No. You must be a legal resident of California. Working in the state is not enough; your primary residence must be within California borders.
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.
Will bankruptcy affect my eligibility?
No. Financial hardship or bankruptcy is not a disqualifying factor. The state checks for crimes, not credit scores. Bankruptcy is a civil matter, not a criminal conviction, so it does not affect your eligibility.
What is the "cooling off" period for disqualifying crimes?
For many disqualifying misdemeanors, you may be eligible if 5 years have passed since the completion of your probation. For felonies, it is often 10 years. However, approval is not guaranteed and depends on the specific crime and circumstances. The California Secretary of State evaluates each case individually.
Can I be a notary if I have a misdemeanor conviction?
It depends on the crime. Not all misdemeanors disqualify you. The California Secretary of State focuses on crimes involving "moral turpitude" (dishonesty) and incompatibilities with notary duties. Financial crimes, violent crimes, and crimes of dishonesty will generally disqualify you. A single misdemeanor DUI typically does not disqualify you if disclosed.
What is "moral turpitude"?
Moral turpitude refers to crimes involving dishonesty, fraud, or deceit that are incompatible with notary duties. The California Secretary of State uses this standard to evaluate whether a conviction should disqualify you from becoming a notary. Examples include fraud, forgery, perjury, and embezzlement.
Next Steps: Start Your Application
Now that you understand the eligibility requirements, you can begin the application process:
- Confirm You Meet All Requirements: Age (18+), residency (legal resident of California), and ability to pass background check
- Complete the 6-Hour Education Course: Find a Secretary of State-approved provider
- Prepare for the Exam: Study the Official 2025 California Notary Public Handbook
- Disclose Everything: Be honest on your application about all arrests and convictions
Start practicing for the exam to ensure you pass on your first attempt.
Last updated: January 2025. This guide is based on the Official 2025 California Notary Public Handbook, Government Code § 8201-8230, and current California Secretary of State regulations.