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California Notary

CHAPTER 3. Notaries Public – 8201.1

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(a) Prior to granting an appointment as a notary public, the Secretary of State shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. To assist in determining the identity of the applicant and whether the applicant has been convicted of a disqualifying crime specified in subdivision (b) of Section 8214.1, the Secretary of State shall require that applicants be fingerprinted.

(b) Applicants shall submit to the Department of Justice fingerprint images and related information required by the department for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the department establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal.

(c) The department shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information.

(d) The department shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.

(e) The Secretary of State shall request from the department subsequent arrest notification service, pursuant to Section 11105.2 of the Penal Code, for each person who submitted information pursuant to subdivision (a).

(f) The department shall charge a fee sufficient to cover the cost of processing the requests described in this section.

(Amended by Stats. 2007, Ch. 399, Sec. 4. Effective January 1, 2008.)

CALIFORNIA GOVERNMENT CODE – TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA – DIVISION 1. GENERAL – CHAPTER 3. Notaries Public

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CHAPTER 3. Notaries Public – 8201

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(a) Every person appointed as notary public shall meet all of the following requirements:

(1) Be at the time of appointment a legal resident of this state, except as otherwise provided in Section 8203.1.

(2) Be not less than 18 years of age.

(3) For appointments made on or after July 1, 2005, have satisfactorily completed a six-hour course of study approved by the Secretary of State pursuant to Section 8201.2 concerning the functions and duties of a notary public.

(4) Have satisfactorily completed a written examination prescribed by the Secretary of State to determine the fitness of the person to exercise the functions and duties of the office of notary public. All questions shall be based on the law of this state as set forth in the booklet of the laws of California relating to notaries public distributed by the Secretary of State.

(b) (1) Commencing July 1, 2005, each applicant for notary public shall provide satisfactory proof that he or she has completed the course of study required pursuant to paragraph (3) of subdivision (a) prior to approval of his or her appointment as a notary public by the Secretary of State.

(2) Commencing July 1, 2005, an applicant for notary public who holds a California notary public commission, and who has satisfactorily completed the six-hour course of study required pursuant to paragraph (1) at least one time, shall provide satisfactory proof when applying for reappointment as a notary public that he or she has satisfactorily completed a three-hour refresher course of study prior to reappointment as a notary public by the Secretary of State.

(Amended by Stats. 2004, Ch. 539, Sec. 1. Effective January 1, 2005.)

CALIFORNIA GOVERNMENT CODE – TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA – DIVISION 1. GENERAL – CHAPTER 3. Notaries Public

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CHAPTER 3. Notaries Public – 8200

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The Secretary of State may appoint and commission notaries public in such number as the Secretary of State deems necessary for the public convenience. Notaries public may act as such notaries in any part of this state.

(Amended by Stats. 1977, Ch. 1009.)

CALIFORNIA GOVERNMENT CODE – TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA – DIVISION 1. GENERAL – CHAPTER 3. Notaries Public

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Requirements and Time Limit for Qualifying

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Once the commission has been issued, a person has 30 calendar days from the beginning of the term prescribed in the commission to take, subscribe, and file an oath of office and file a $15,000 surety bond with the county clerk’s office. The commission does not take effect until the oath and bond are fled with the county clerk’s office. The fling must take place in the county where the notary public maintains a principal place of business as shown in the application on file with the Secretary of State. If the oath and bond are not fled within the 30-calendar-day time period, the commission will not be valid, and the person commissioned may not act as a notary public until a new appointment is obtained and the person has properly qualified within the 30-calendar-day time limit. Government Code section 8213(a) permits the fling of completed oaths and bonds by the applicable county clerk by certified mail or other means of physical delivery that provides a receipt. Exceptions are not made to the 30-day fling requirement due to mail service delays, county clerk mail processing delays, or for any other reason. If mailing an oath and bond to the county clerk, sufficient time must be allowed by the newly appointed notary public to ensure timely fling. (Government Code sections 8212 and 8213)

Notary Public Education

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All persons are required to take and satisfactorily complete a six-hour course of study approved by the Secretary of State prior to appointment as a notary public. Please note that all persons being appointed, no matter how many commission terms held in the past, are required to take the initial six-hour course of study. (Government Code section 8201(a)(3) and (b))

A notary public who holds a current California notary public commission and who has completed an approved six-hour course at least one time is required to take and satisfactorily complete an approved three-hour refresher course prior to reappointment as a notary public. The three-hour refresher course can only be used to satisfy the education requirement if the notary public is applying for a new commission before their current commission has expired. If the notary public’s commission has expired, the individual must satisfactorily complete a six-hour notary public education course before being appointed for another term, even if the individual already once satisfactorily completed an approved six-hour course for a previous commission.

The Secretary of State reviews and approves courses of study. These approved courses include all the material that a person is expected to know to pass the written examination. The Secretary of State compiles a list of all vendors offering an approved course of study. This list is available on the Secretary of State’s website or can be mailed to you upon request

(Government Code section 8201.2)

Appointment and Qualifications – Convictions

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Applicants are required to disclose on their applications all arrests for which trials are pending and all convictions, including convictions that have been dismissed under Penal Code section 1203.4 or 1203.4a. If you have any questions concerning the disclosure of convictions or arrests, contact the Secretary of State’s offce prior to signing the application. If you do not recall the specifcs about your arrest(s) and/or conviction(s), you can contact the California Department of Justice at (916) 227-3849.

The Secretary of State may deny an application for the following reasons:

  • Failure to disclose any conviction;
  • Conviction of a felony; or
  • Conviction of a disqualifying lesser offense.
    The applicant has the right to appeal the denial through the administrative hearing process. (Government Code section 8214.3) For a complete list of reasons the Secretary of State may deny an application, please refer to Government Code section 8214.1. Refer to the Secretary of State’s Notary Public Disciplinary Guidelines for a list of the most common disqualifying convictions. The disciplinary guidelines are available on the Secretary of State’s website or can be mailed to you upon request.

How to Become a California Notary Public

Appointment and Qualifications

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To become a California notary public you must meet all of the following requirements: (Government Code section 8201)
• Be a legal resident of the State of California;
• Be at least 18 years of age;
• Satisfactorily complete a course of study approved by the Secretary of State;
• Pass a written examination prescribed by the Secretary of State; and
• Pass a background check.


To determine if a person meets the requirements to fulfill the responsibilities of the position, a completed application and a 2” x 2” color passport photograph of the applicant shall be submitted at the examination site, then forwarded to the Secretary of State’s office and reviewed by Secretary of State staff for qualifying information. (Government Code section 8201.5) To assist the Secretary of State in determining the identity of an applicant and whether the applicant has been convicted of a is qualifying crime, state law requires all applicants to be fingerprinted as part of a thorough background check prior to being granted an appointment as a notary public. (Government Code section 8201.1) Information concerning the fingerprinting requirements will be mailed to candidates who pass the examination.