Navigating the Legal Minefield of Pre-Dated Notarized Documents
Already a notary? Our self-paced online courses help you expand your services and grow your income. Browse courses →
Sometimes a client asks: “Can you date this notarization for last Tuesday? I forgot to get it notarized and now it’s past the deadline.” The answer is no. Not ever. Here is why, what can happen if you do it anyway, and what to tell the client instead.
Why the Date Matters
The notarization date on your certificate is your sworn statement that the signer appeared before you on that specific day. It establishes when the identity verification happened, when the oath was administered (for jurats), and when the signer acknowledged the document. Changing that date means you are lying under oath about when the notarization occurred.
Pre-Dated vs Post-Dated vs Document Date
- Pre-dating (backdating): Setting the notarization date to a day earlier than the actual date. This is always illegal.
- Post-dating: Setting the notarization date to a future date. Also illegal. You cannot notarize a document before the notarization happens.
- Document date: The date printed on the document itself (contract date, signing date) can be different from the notarization date. The document might say “dated June 1” and you notarize it on June 5. That is fine. What you cannot change is the date in your notarial certificate.
This distinction matters. A contract dated June 1 that gets notarized on June 5 is perfectly valid. The issue is when the notary writes “June 1” in the notarial certificate when they actually performed the notarization on June 5.
The Penalties
Falsifying a notarization date is a crime in every state. Specific penalties:
- California: Willfully stating as true any material fact that is false in a notarial certificate is a misdemeanor punishable by up to $10,000 (Government Code 8214.2).
- Florida: Falsely dating an acknowledgment is a third-degree felony, punishable by up to 5 years in prison.
- Texas: False certification by a notary is a Class A misdemeanor, up to 1 year in jail and a $4,000 fine.
- Most other states: Fines ranging from $500-$5,000, possible jail time, and revocation of your notary commission.
Beyond criminal penalties, you face civil liability. If a backdated notarization leads to a fraudulent transaction (someone claiming they signed a contract on a date they did not), you could be sued for damages.
What to Tell the Client
When someone asks you to backdate a notarization:
- Say no, clearly and directly. “I cannot backdate a notarization. The date must reflect when you actually appear before me.”
- Explain why. “Notarization dates are a matter of public record. Falsifying them is a crime that can cost me my commission and result in jail time.”
- Offer the legal alternative. “I can notarize this today with today’s date. If the other party needs proof of when the document was originally signed, that is separate from the notarization date.”
- Document the request in your journal. Note that the client asked you to backdate, that you refused, and the client’s response.
If the client pressures you or threatens to find another notary who will do it, let them go. No document is worth your commission or your criminal record.
The Document Date Field
The document can have any date the parties agree on. A contract might be dated January 1 but notarized on January 10 because the signer was out of town. The notarial certificate should show January 10 (the actual date of notarization). The contract itself still says January 1. These are separate things.
If the document has a blank date line, the signer fills in the date they want (which can be the current date, a past date the parties agreed to, or whatever the parties decide). You do not control the document date. You control only the notarization date on your certificate.
Frequently Asked Questions
Can I notarize a document that is already dated for a past date?
Yes. The document date and the notarization date are separate. You notarize the document on the day the signer appears before you, regardless of what date is printed on the document.
What if my stamp shows the wrong date?
If you accidentally write the wrong date in the notarial certificate, cross it out with a single line, write the correct date, and initial the correction. Do not use correction fluid. If your state does not allow corrections on notarial certificates, void that certificate and attach a new one with the correct date.
Can I notarize something today but leave the date blank for the signer to fill in later?
No. The notarial certificate must be complete when you sign it, including the date. Leaving the date blank means the certificate is incomplete, and an incomplete notarial certificate is invalid.
Related Reading
Updated May 2026.
