Can a Felon Be a Notary Public?
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It depends entirely on the state. Notary public requirements vary dramatically — some states permanently disqualify anyone with a felony conviction, while others have no criminal history bar at all. The notary commission is granted by the state (usually the Secretary of State or Governor), and each state sets its own eligibility standards. States that disqualify felons generally do so because the notary role involves certifying the authenticity of documents and signatures, which requires a high standard of trustworthiness. However, a growing number of states allow felons to become notaries, either immediately or after a waiting period, and many states make exceptions for expunged or pardoned convictions. As of 2026, roughly half of states allow at least some felons to become notaries.
You CAN likely become a notary if you...
- ✓State has no felony disqualification for notary commissions (e.g., Florida does not ask about criminal history for notary applicants)
- ✓Felony conviction has been expunged or pardoned in a state that recognizes record relief for notary eligibility
- ✓State allows notary commissions after a waiting period (e.g., 5-10 years after sentence completion)
- ✓State reviews criminal history on a case-by-case basis and your conviction is unrelated to fraud, forgery, or dishonesty
- ✓Convicted of a non-fraud, non-forgery offense in a state that only disqualifies for offenses related to the notary function
You CANNOT become a notary if you...
- ✗Any felony conviction in states with blanket felony bars
Some states — including California (Government Code § 8214.1), Texas, and others — have absolute prohibitions on granting notary commissions to anyone with a felony conviction, regardless of the type of offense or how long ago it occurred. In these states, a pardon or expungement may be the only path. (State notary statutes (various))
- ✗Conviction involving fraud, forgery, dishonesty, or document-related offenses
Even in states that evaluate criminal history on a case-by-case basis, convictions involving fraud, forgery, identity theft, perjury, or other dishonesty-related offenses are considered directly related to the notary function and are the most difficult to overcome. These offenses go to the core of what a notary certifies — the authenticity and voluntariness of signatures. (State notary statutes (various))
- ✗Currently incarcerated, on parole, or on felony probation (most states)
Most states require that you be a legal resident of the state, be of legal age, and not be currently incarcerated or under active criminal justice supervision. Some states allow applications while on probation, but most require that the full sentence be completed. (State notary statutes (various))
Gray areas — it depends on your state and circumstances
Non-fraud felonies in states with case-by-case review
In states that review notary applications individually (rather than having a blanket felony bar), non-fraud, non-dishonesty felonies are the most likely to be approved. Drug offenses, DUI, and non-violent property crimes are generally viewed more favorably. The reviewing authority considers the nature of the offense, time elapsed, rehabilitation evidence, and relevance to notary duties.
Expunged or pardoned felonies
Even in states with blanket felony bars, an expungement or pardon may remove the disqualification. For example, California's felony bar includes an exception for pardoned convictions. The effectiveness of expungement depends on how the state's notary statute defines 'conviction' and whether expunged records are considered convictions for notary purposes.
Felony reduced to misdemeanor
In states like California where a felony can be reduced to a misdemeanor (e.g., under Penal Code § 17(b)), the reclassification may remove the notary disqualification. After reclassification, the offense is treated as a misdemeanor for all purposes, including professional licensing. This is a common strategy for people in states with felony bars.
Remote Notarization (RON) vs. traditional notary
Remote Online Notarization (RON) is expanding rapidly and many states have adopted RON laws. The background check requirements for RON commissions may differ from traditional notary commissions in some states, though most apply the same criminal history standards. RON technology platforms may also conduct their own background checks beyond state requirements.
Notary Signing Agent (NSA) work
Notary Signing Agents handle loan document signings for title companies and lenders. Even if you can obtain a notary commission, becoming an NSA may face additional barriers because signing services and lenders conduct their own background checks. Felony convictions — particularly those involving fraud, theft, or financial crimes — can prevent you from being approved by signing services even with a valid notary commission.
State Approaches to Felon Notary Eligibility
| Type | Difficulty | Details |
|---|---|---|
| States with No Felony Bar | Accessible | Several states do not ask about criminal history on the notary application or do not have statutory felony disqualifications. Florida, for example, does not require a criminal background check for notary applicants. In these states, the standard requirements (residency, age, literacy) are the main hurdles. However, bonding companies may inquire about criminal history when issuing the required notary bond. |
| States with Case-by-Case Review | Moderate | Many states review criminal history on a case-by-case basis, considering the nature of the offense, how long ago it occurred, and rehabilitation evidence. In these states, non-fraud felonies that occurred several years ago have reasonable chances of approval. Fraud, forgery, and dishonesty offenses face the most scrutiny. |
| States with Waiting Periods | Moderate — Time-Dependent | Some states allow notary commissions after a specified waiting period following sentence completion (e.g., 5 or 10 years). Once the waiting period has passed and you have a clean record, the commission is generally granted. These states provide a clear and predictable path. |
| States with Blanket Felony Bars | Very Difficult — Pardon/Expungement Required | States like California and Texas have statutory prohibitions on granting notary commissions to anyone with a felony conviction. In these states, the only paths are: obtaining a pardon that removes the disqualification, getting the felony expunged if the state treats expungement as removing the conviction for notary purposes, or getting the felony reduced to a misdemeanor. |
How to Apply — Step by Step
Check your state's notary requirements and criminal history policy
Visit your state Secretary of State (or equivalent office) website and review the notary public application requirements. Look specifically for criminal history questions, disqualifying offenses, and any waiting periods. The National Notary Association (nationalnotary.org) also maintains state-by-state requirement guides.
Determine if you need record relief first
If your state has a blanket felony bar, investigate your options for record relief: expungement, pardon, felony reduction to misdemeanor, or Certificate of Rehabilitation. Consult a criminal defense attorney about your eligibility. In some states, this is the only path to a notary commission with a felony.
Complete any required notary education
Many states require a notary education course (typically 3-6 hours) before applying. Some states require passing a notary exam. Complete these requirements before submitting your application. Courses are available online and in-person through the National Notary Association, state-approved providers, and community colleges.
Obtain a notary bond (and errors & omissions insurance if required)
Most states require a notary surety bond (typically $5,000-$25,000). The bond protects the public if you make errors or commit misconduct. Bonding companies conduct background checks and may charge higher premiums or deny coverage based on criminal history. Some states also require errors and omissions (E&O) insurance. Shop around — bonding company policies on criminal records vary.
Submit your application with full disclosure
Apply through your state Secretary of State or commissioning authority. If the application asks about criminal history, disclose completely and honestly. Include certified court documents, proof of sentence completion, and rehabilitation evidence. Nondisclosure on a notary application can constitute fraud or perjury — far worse than the original conviction.
Receive your commission and order supplies
If approved, you will receive your notary commission (typically valid for 4 years). Order your notary stamp/seal, journal, and any required supplies. File your oath of office and bond with the appropriate county office. You can then begin performing notarizations. Consider pursuing additional certifications — Notary Signing Agent certification can significantly increase your earning potential.
Take Action — Direct Links
- National Notary Association — State requirements
Comprehensive state-by-state guide to notary public requirements including criminal history policies, education requirements, and fees
- Find your state Secretary of State — Notary Division
National Association of Secretaries of State — links to each state's notary public division for application forms and requirements
- NNA — Notary Signing Agent certification
National Notary Association training and certification for Notary Signing Agents — the highest-earning notary specialty
- Collateral Consequences Resource Center
State-by-state guide to expungement, pardons, and rights restoration — essential if your state has a blanket felony bar for notaries
Frequently Asked Questions
- Can a felon be a notary public?
- It depends on the state. Some states permanently disqualify anyone with a felony conviction from becoming a notary. Others have no criminal history bar at all. Many states fall in between — reviewing applications on a case-by-case basis or allowing commissions after a waiting period. Roughly half of states allow at least some felons to become notaries. Check your specific state's notary statutes and requirements.
- Which states allow felons to be notaries?
- States vary widely. Some states with more accessible policies include Florida (no criminal background check required), and many states that review on a case-by-case basis. States with strict blanket bars include California (Government Code § 8214.1) and Texas. The landscape changes frequently as states reform their laws. Check the National Notary Association or your state Secretary of State website for current requirements. As of 2026, the trend is toward more states allowing case-by-case review.
- Can I be a notary with an expunged felony?
- In many states, yes. If your felony has been expunged, most states that use a case-by-case review standard will not consider the expunged conviction. Even some states with blanket felony bars make exceptions for expunged or pardoned convictions. However, the effectiveness depends on how your state's notary statute defines 'conviction' and whether expungement removes the conviction for professional licensing purposes. Consult your state's specific statutes.
- Can a felon become a Notary Signing Agent?
- A Notary Signing Agent (NSA) is a notary who specializes in handling loan document signings. First, you need to obtain your notary commission (subject to state criminal history requirements). Then, even with a commission, signing services and lenders conduct their own background checks. Felony convictions — especially those involving fraud, theft, or financial crimes — can prevent you from being approved by signing services. Non-financial felonies that occurred long ago have better chances.
- How much does it cost to become a notary?
- Costs vary by state but typically include: state application fee ($20-$80), notary education course ($50-$200), exam fee if applicable ($20-$80), notary bond ($30-$100 for the bond term), notary stamp/seal ($15-$40), and notary journal ($10-$30). Total initial investment is usually $150-$400. Notary commissions are typically valid for 4 years. If you pursue Notary Signing Agent certification, add another $100-$200 for NSA training and certification.
- Can a felon do remote online notarization (RON)?
- Remote Online Notarization (RON) is expanding rapidly across the U.S. Most states apply the same criminal history requirements to RON commissions as traditional notary commissions. However, RON technology platforms (like Notarize, Proof, and others) conduct their own background checks and may have additional restrictions. Some platforms may be more restrictive than the state requirements. If you can obtain a traditional notary commission, RON may be possible depending on the platform.
- How much money can a notary make?
- Income varies widely. General notary work pays $2-$15 per notarization depending on the state (some states set maximum fees). Mobile notary services charge travel fees in addition to notarization fees, increasing per-appointment earnings to $50-$150. Notary Signing Agents earn $75-$200+ per loan signing appointment and can earn $40,000-$100,000+ annually with consistent volume. NSA work is the highest-earning notary specialty but requires more investment in training and certification.