How to Become a Notary With a Criminal Record
Already a notary? Our self-paced online courses help you expand your services and grow your income. Browse courses →
A criminal record does not automatically disqualify you from becoming a notary in every state. Whether you can get a commission depends on the type of offense, how long ago it occurred, the state where you are applying, and whether your rights have been restored or your record expunged.
What Disqualifies You
Most states focus on two categories of offenses when evaluating notary applicants with criminal records: felony convictions and crimes involving “moral turpitude.”
Felony convictions
Some states bar anyone with a felony conviction from obtaining a notary commission. Others review the specific offense and circumstances rather than applying a blanket prohibition.
Crimes involving moral turpitude
“Moral turpitude” is a legal term that generally refers to conduct involving dishonesty, fraud, deceit, or serious immorality. Because notaries serve as impartial witnesses who verify identity and witness signatures, states want assurance that a commission holder can be trusted with that responsibility.
Crimes commonly classified as involving moral turpitude include:
- Fraud and embezzlement
- Forgery and counterfeiting
- Theft, burglary, and robbery
- Perjury and making false statements
- Identity theft
- Money laundering
- Bribery
Violent crimes (assault, arson) and drug offenses may or may not be classified as moral turpitude depending on the state and the specific circumstances. The analysis is not always straightforward.
How Major States Handle It
| State | Policy |
|---|---|
| California | Background check required. Moral turpitude convictions can result in denial or revocation (Gov Code 8214.1). The Secretary of State evaluates the nature of the offense, time elapsed, and evidence of rehabilitation. Not a blanket ban. |
| Florida | Felony convictions disqualify you unless your civil rights have been restored. After restoration, you may apply. The state reviews each application on its merits. |
| Texas | Felony and Class A/B misdemeanor convictions involving moral turpitude disqualify you unless pardoned or the record is expunged (1 TAC 87.10). Strict standard. |
| New York | No automatic felony bar. The Department of State reviews each application, considering the nature of the offense and time since conviction. |
| Illinois | Criminal history disclosure required on the application. The state evaluates the severity of the offense and evidence of rehabilitation. Not an automatic disqualification. |
| Arizona | Disqualifies applicants convicted of crimes involving moral turpitude or conduct “incompatible with the duties of a notary public” (ARS 41-330). |
| North Carolina | Authorizes denial for convictions involving “dishonesty or moral turpitude” (GS 10B-5). |
Waiting Periods
States that do not impose lifetime bans often require a waiting period after the conviction or the completion of your sentence (including probation and parole) before you can apply. Waiting periods range from a few years to more than a decade depending on the offense and the state.
Check with your state’s notary regulating authority (usually the Secretary of State) for specific waiting period requirements.
Expungement and Pardons
If your conviction has been expunged, sealed, or pardoned, your eligibility improves significantly. In many states, an expunged conviction is treated as though it never occurred for purposes of professional licensing.
- Expungement removes the conviction from your public record. Many states will not consider an expunged conviction when evaluating a notary application.
- Pardon is an official forgiveness of the offense granted by the governor or a pardons board. A pardon does not erase the conviction but demonstrates rehabilitation and can restore eligibility.
- Rights restoration (specifically civil rights, including the right to hold public office) is required in states like Florida before a felon can apply for a notary commission.
What to Disclose on Your Application
Be honest. Most notary applications ask about criminal history, and failing to disclose a conviction (even one you think has been expunged) can result in denial or later revocation of your commission. If the state discovers an undisclosed conviction, the consequences are worse than disclosing it upfront.
When disclosing, provide:
- The nature of the offense and date of conviction
- Proof that your sentence was completed (including probation and parole)
- Documentation of expungement, pardon, or rights restoration if applicable
- Evidence of rehabilitation (employment history, community involvement, character references)
Steps to Take Before Applying
- Check your state’s requirements. Visit your Secretary of State’s website or notary regulating authority. Look for the specific eligibility criteria related to criminal convictions.
- Get your record. Obtain a copy of your criminal record so you know exactly what appears on it. This avoids surprises during the background check.
- Pursue expungement if eligible. If your state allows expungement of your conviction, completing that process before applying strengthens your application.
- Consult an attorney if needed. If your situation involves a complex record, multiple convictions, or uncertainty about how a specific offense is classified, a criminal defense or licensing attorney can advise you before you invest time and money in the application process.
Frequently Asked Questions
Can a convicted felon become a notary?
It depends on the state. Some states impose a lifetime ban for felony convictions. Others allow felons to apply after completing their sentence, restoring civil rights, or obtaining a pardon. A few states review each application individually without a blanket prohibition.
What is a crime of moral turpitude?
A crime involving dishonesty, fraud, deceit, or serious immorality. Common examples include forgery, embezzlement, theft, perjury, and identity theft. The exact definition varies by state, and not every state uses the term in its notary statutes.
Will a misdemeanor prevent me from becoming a notary?
Most misdemeanors will not disqualify you. However, some states (including Texas) bar applicants with Class A or B misdemeanor convictions involving moral turpitude. Minor traffic offenses and low-level misdemeanors are rarely an issue.
Do I have to disclose an expunged conviction?
This varies by state. In many states, you can legally answer “no” to questions about expunged convictions. But some licensing applications specifically ask about expunged records. Read the question carefully. When in doubt, consult an attorney in your state.
Can I become a notary if my civil rights have been restored?
In states that require civil rights restoration (such as Florida), yes. Once your rights are restored, you can apply for a notary commission the same as any other applicant, though the state may still review the specifics of your conviction during the application process.
NotaryTrainingSchool.com provides state-specific notary training that covers eligibility requirements, including criminal record considerations.
