What Happens When Your Notary Commission Expires

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Every notary commission has an expiration date, typically 4 years from issuance. When that date passes, your authority to act as a notary stops immediately. No grace period for performing notarizations exists in any state. The consequences of continuing to notarize after expiration range from misdemeanor charges to civil liability for anyone harmed by the invalid notarization.

What Stops Working on the Expiration Date

• You cannot perform any notarial acts. No acknowledgments, jurats, oaths, copy certifications, or any other notarial function. Every one of these requires an active commission.
• Your notary seal and journal entries are still legally significant. You must keep your journal for the retention period your state requires (often 7 to 10 years, or turn it in to the county). Do not destroy it.
• Your notary seal (stamp or embosser) must be disabled or destroyed. Most states require you to deface, destroy, or surrender the seal within a set period after expiration. Check your state’s rules.
• If you hold yourself out as a notary after your commission expires, that is a criminal offense in most states. Remove “notary public” from business cards, websites, email signatures, and social media profiles.

Is There a Grace Period?

Many notaries confuse the renewal application grace period with a grace period for performing notarizations. These are different things.

Some states allow you to submit a renewal application up to 90 days before expiration (or in some cases, within 30 days after expiration) without retaking the exam. This is an administrative convenience for renewal processing. It does not extend your commission. If your commission expires on June 30 and you submitted a renewal application on June 15, you still cannot notarize anything on July 1 until the new commission is issued and you have your new seal.

A handful of states (Pennsylvania, for example) allow notaries to continue performing acts for a short window after expiration if the renewal application was filed before the expiration date. This is the exception, not the rule. Check your state’s specific statute.

What If You Notarized Something Just Before Expiration

Notarizations performed while your commission was active remain valid after expiration. A document notarized on June 29 with a commission expiring June 30 is fine. The notarization is tied to the date it was performed, not the date someone reads it later.

Penalties for Notarizing After Expiration

• In most states, acting as a notary without a valid commission is a misdemeanor punishable by fines ranging from $100 to $1,000.
• Some states classify it as a more serious offense if the notary collected fees for the notarization.
• Any document notarized after your commission expired is invalid. If that document was a real estate closing, a power of attorney, or a sworn affidavit, the fallout can be significant. The signer, the relying party (title company, lender, court), or anyone harmed can file a civil claim against you.
• If you hold an E&O insurance policy, it may not cover acts performed after commission expiration. Check your policy language.

What to Do With Your Notary Supplies

When your commission expires and you are not renewing:

• Destroy or deface your notary seal so it cannot be used. Many states require a specific method (cutting, defacing with a knife, returning to the issuing authority).
• Retain your notary journal for the period your state mandates. In California, this is a minimum of 7 years after the last entry. In some states, you must deliver the journal to the county clerk’s office. Do not discard it.
• If you had a notary bond, notify the bonding company that your commission has expired.

Renewing vs. Reapplying

If you want to continue as a notary, start the renewal process early. Most states send a renewal notice 60 to 90 days before expiration. The process varies:

• Some states allow renewal by simple application and fee payment if you apply before expiration.
• Others require you to retake the exam, complete continuing education, or submit new background check results.
• If you miss the renewal window (typically 30 days after expiration in states that have one), you usually have to start over as a new applicant. This means the full application, education requirements, exam, bond, and commissioning process from scratch.

The reapplication penalty can be substantial. California notaries who let their commission lapse must retake the 6-hour approved course and pass the state proctored exam again. In states with simpler requirements, the difference between renewal and reapplication may just be paperwork and a slightly higher fee.

Frequently Asked Questions

Can I notarize documents after my commission expires if I already applied for renewal?

No, with very few exceptions. Filing a renewal application does not extend your current commission. You must wait until the new commission is issued and you have your new seal before performing any notarial acts. Pennsylvania and a small number of other states have narrow exceptions for pre-filed renewals.

How do I find my notary commission expiration date?

Your commission certificate shows the issuance and expiration dates. Many states also have an online notary search tool on the Secretary of State’s website where you can look up your commission status and dates.

Do I need to notify anyone when my commission expires?

If you are not renewing, some states require you to notify the Secretary of State or county clerk and surrender or destroy your seal within a specified timeframe. If you work for an employer who uses your commission, notify them so they can arrange for another notary.

Can my employer keep my notary journal after my commission expires?

The journal belongs to the notary, not the employer, unless the employer paid for it and your state’s law says otherwise. Some states (California, for example) are clear that the journal is the notary’s property regardless of who purchased it. Check your state’s statute before handing it over.

What if I moved and did not receive my renewal notice?

Not receiving a renewal notice does not extend your commission. It is the notary’s responsibility to track their expiration date and initiate renewal on time. Set a calendar reminder 90 days before your expiration date.

NotaryTrainingSchool.com covers commission management, renewal procedures, and compliance requirements for notaries in all 50 states.