California Notary Discipline: 13 Grounds for Denial, Suspension, or Revocation

A California notary commission is not permanent. The Secretary of State has the authority to deny an initial application, suspend an active commission, or revoke it entirely. This authority comes from Gov. Code Section 8214.1, which lists specific grounds for disciplinary action. Understanding these grounds matters for two reasons. First, the California notary exam tests this material directly. Scenario-based questions ask you to identify which actions would put a notary's commission at risk. Second, if you plan to work as a notary, knowing the boundaries keeps you out of trouble. The Secretary of State publishes disciplinary guidelines under Gov. Code Section 8220 to maintain consistency when reviewing applications, investigating complaints, and deciding on administrative actions. The 13 grounds below are drawn from the statute and the official California Notary Public Handbook.

Gov. Code Section 8214.1 lists the following grounds for denial, suspension, or revocation of a California notary commission: 1. Substantial misstatement or omission on the notary application 2. Conviction of a felony or a disqualifying lesser offense 3. Failure to discharge the duties and responsibilities of a notary faithfully 4. False or misleading advertising 5. Unauthorized practice of law 6. Charging more than the statutory maximum fees 7. Failure to complete the acknowledgment certificate at the time of signing and sealing 8. Failure to administer the oath or affirmation for a jurat 9. Executing a notarial certificate the notary knows to contain false statements 10. Violation of the notario publico advertising prohibition 11. Failure to keep the journal or seal properly secured 12. Willful failure to report the theft or loss of the journal to the Secretary of State 13. Willful failure to provide journal access to a peace officer with reasonable suspicion Each of these carries real consequences. Some also trigger separate criminal penalties beyond the loss of your commission.

The first two grounds address honesty at the application stage. Ground 1 covers substantial misstatements or omissions on your application. Under Gov. Code Section 8201, you must disclose all arrests for which trial is pending and all convictions, including those dismissed under Penal Code Section 1203.4 or 1203.4a. There is no time limit on disclosure. A conviction from 25 years ago must be reported. Leaving it off your application is grounds for denial. Ground 2 covers convictions. A felony conviction or a conviction of a lesser offense that the Secretary of State determines is disqualifying can prevent you from receiving a commission or result in the revocation of an existing one. Fingerprints submitted under Gov. Code Section 8201.1 go to both the California Department of Justice and the FBI, and the Secretary of State receives ongoing arrest notifications for every commissioned notary. The takeaway is straightforward: disclose everything and let the Secretary of State make the determination. Hiding a conviction is worse than the conviction itself.

Grounds 3, 7, 8, and 9 deal with how you perform your notarial duties. Ground 3 is broad: failure to discharge duties faithfully. This catch-all covers situations where a notary's conduct falls below the standard expected, even if it does not fit neatly into another category. Ground 7 targets acknowledgments specifically. Under Civil Code Section 1189, the acknowledgment certificate must be completed at the time the notary affixes their signature and seal. You cannot sign and seal a certificate and fill in the details later. The certificate must also include the required notice box stating that the notary verifies only the identity of the signer, not the truthfulness or validity of the document. Ground 8 targets jurats. Under Gov. Code Section 8202, the notary must administer an oath or affirmation when performing a jurat. Skipping the oath because it feels awkward or because the signer is in a hurry is a violation. The signer must also sign the document in the notary's presence, unlike an acknowledgment where the document can be pre-signed. Ground 9 is the most serious certificate violation. A notary who executes a certificate they know to contain false statements faces discipline. Under Civil Code Section 1189(a)(4), false statements in an acknowledgment certificate carry a separate civil penalty of up to $10,000, in addition to possible criminal prosecution.

Grounds 4, 5, 6, and 10 cover how you present yourself and what you charge. Ground 6 is clear-cut: charging more than the maximum fees set by Gov. Code Section 8211. The current maximums are $15 per signature for acknowledgments, $15 for jurats, $30 total for depositions ($7 for the oath plus $7 for the certificate), $15 for certifying a copy of a power of attorney, and $15 per individual per set of immigration forms. Travel fees are separate and may be charged on top of notarial fees, but the notarial fee itself cannot exceed the statutory cap. Ground 5 prohibits the unauthorized practice of law. A notary cannot prepare, draft, or select legal documents, and cannot give advice about legal matters. The correct response to a legal question is always to refer the person to an attorney. Ground 4 covers false or misleading advertising generally. Ground 10 adds a specific prohibition under Gov. Code Section 8219.5: a notary may never translate "Notary Public" into Spanish as "notario publico" or "notario," even with a disclaimer posted. In many Latin American countries, a notario has attorney-level authority, and using that term misleads the public. A first offense can result in suspension or revocation. A second offense is grounds for permanent revocation. Related to advertising, under Gov. Code Section 8223, a notary cannot advertise as a notary while also promoting themselves as an immigration specialist or consultant.

Grounds 11, 12, and 13 protect the integrity of your official records and tools. Ground 11 requires the notary to keep both the journal and the seal in a locked and secured area under the notary's direct and exclusive control (Gov. Code Sections 8206(a)(1) and 8207). Neither the journal nor the seal may be surrendered to an employer when you leave a job, even if the employer paid for them. They belong to you. Ground 12 requires prompt reporting if a journal is lost, stolen, misplaced, destroyed, damaged, or rendered unusable. Under Gov. Code Section 8206(b), you must immediately notify the Secretary of State by certified mail or other physical delivery that provides a receipt. The notification must include the period of journal entries, your commission number, your commission expiration date, and a copy of the police report if applicable. Ground 13 requires cooperation with law enforcement. Under Gov. Code Section 8206(d), a peace officer investigating a criminal offense who has reasonable suspicion may request access to or seizure of your journal. Willfully refusing to comply is grounds for discipline. If a peace officer does seize the journal, you must obtain a receipt and notify the Secretary of State within 10 days by certified mail.

Some violations carry criminal penalties that go beyond administrative discipline. Under Gov. Code Section 8228.1, willful failure to properly maintain the journal or keep the seal secured is a misdemeanor. Under Gov. Code Section 8209, willful failure to deliver your journals to the county clerk within 30 days of your commission becoming invalid (whether through resignation, expiration without reappointment, disqualification, or removal) is also a misdemeanor. Separately, willful failure to notify the Secretary of State of an address change within 30 days is punishable as an infraction with a fine of up to $500 under Gov. Code Section 8213.5. While this is a lesser penalty, it demonstrates that California law treats notary obligations seriously at every level. The $15,000 surety bond required under Gov. Code Section 8212 is not insurance for the notary. It exists to compensate members of the public harmed by a notary's misconduct. If the bonding company pays a claim, it will seek reimbursement from the notary. The notary remains personally liable for the full extent of damages, which can far exceed $15,000. Under Family Code Section 17520, the Secretary of State may also deny or suspend a commission for non-compliance with child or family support obligations.

The California notary exam draws scenario-based questions from the official handbook. Discipline questions typically present a situation and ask whether the notary's commission is at risk. Common patterns include: a notary who skips the oath during a jurat because the signer is in a hurry; a notary who leaves their seal in an unlocked desk drawer; a notary who charges $20 for an acknowledgment; a notary who translates their title as "notario" on a business card; a notary who omits a 10-year-old misdemeanor from their application. In each case, the correct answer identifies the specific ground for discipline and ties it back to Gov. Code Section 8214.1. The exam rewards precision. "The notary did something wrong" is not enough. You need to know that skipping the oath violates ground 8 specifically, and that overcharging violates ground 6. Pay special attention to the distinction between grounds that apply to everyone (like overcharging fees) and grounds that apply to specific acts (like failing to complete the acknowledgment certificate at the time of signing). The exam tests whether you understand which rule applies to which situation. Ready to start studying? NotaryExamPro has AI-powered practice questions, study guides, and an AI tutor built from the official handbook.