Becoming a Notary Public in California involves meeting specific eligibility criteria, completing mandatory education and passing an exam, undergoing a background check, and properly filing your oath and bond. This guide provides a detailed step-by-step process to help you navigate the requirements and successfully become a commissioned Notary Public.
Eligibility Requirements
Before embarking on the journey to become a Notary Public, ensure you meet the following criteria set by the California Secretary of State:
- Be at least 18 years of age.
- Be a legal resident of California.
- Be able to read, write, and understand English.
- Not have been convicted of a felony, or of any offense involving moral turpitude, unless a pardon has been granted. (Certain misdemeanors may also disqualify you.)
- Not have had a previous notary commission revoked for cause.
Step-by-Step Guide to Becoming a California Notary Public
Here’s a detailed breakdown of the process:
1. Complete Required Education
- First-Time Applicants: You must complete a minimum of a 6-hour notary public education course from a state-approved vendor. This course covers California notary law, procedures, and ethics. Make sure the course is specifically approved by the California Secretary of State.
- Reappointment Applicants: If you are renewing your commission and have previously completed a 6-hour course, you may be eligible for a 3-hour refresher course. This is only if your previous commission has not expired. However, if your commission has expired, you must retake the 6-hour course.
2. Apply for the Notary Public Exam
- After completing your education course, you’ll receive a certificate of completion. You need this to apply for the state-administered notary public exam.
- Applications are generally available online through the California Secretary of State’s website. There is an application fee (currently $20, subject to change).
- The application requires personal information, including your name, address, Social Security number, and a declaration regarding your eligibility (confirming you meet all the criteria mentioned earlier).
3. Pass the Notary Public Exam
- The notary public exam is a written test that assesses your knowledge of California notary law and procedures.
- The exam is administered at various locations throughout California. Once your application is approved, you’ll receive information on how to schedule your exam.
- Study thoroughly using your course materials and any additional resources provided by the Secretary of State.
- If you fail the exam, you can retake it, but you must pay the application fee again.
4. Background Check (Live Scan)
- Upon passing the exam, you’ll need to undergo a background check using Live Scan fingerprinting. This is a mandatory requirement.
- The Secretary of State will provide you with a Live Scan form.
- You must take this form to an authorized Live Scan service provider. They will electronically submit your fingerprints to the California Department of Justice (DOJ) and the FBI for a criminal history check.
- There is a fee for the Live Scan service, which varies depending on the provider.
5. Purchase a Surety Bond
- As a Notary Public in California, you are required to obtain a $15,000 surety bond. This bond protects the public from any financial losses resulting from your negligence or misconduct as a notary.
- You can purchase a surety bond from any surety company authorized to do business in California.
- The cost of the bond is typically a percentage of the total bond amount (e.g., a $15,000 bond might cost around $50-$100 for a four-year term).
6. File Your Oath and Bond
- Once you receive your notary public commission from the Secretary of State, you must take an oath of office and file your oath and bond with the county clerk in the county where your principal place of business is located.
- You have 30 calendar days from the date your commission is issued to complete this step.
- The county clerk will record your oath and bond, and you will receive a receipt.
7. Obtain a Notary Seal and Journal
- You are required to have an official notary seal (also known as a stamp). This seal must conform to specific requirements outlined by the Secretary of State.
- You are also required to keep a detailed journal of all notarial acts performed. This journal must be a permanently bound book with numbered pages.
- You can purchase these items from notary supply vendors.
Costs Associated with Becoming a Notary Public
Here’s an estimated breakdown of the costs involved. These figures are approximate and subject to change.
| Item | Estimated Cost | Notes |
|---|---|---|
| Education Course (6-hour) | $100 - $200 | Varies depending on the provider. |
| Application Fee | $20 | Paid to the California Secretary of State. |
| Live Scan Fingerprinting | $50 - $100 | Varies depending on the Live Scan service provider. Includes DOJ/FBI fees. |
| Surety Bond ($15,000) | $50 - $100 | Cost for a four-year term; depends on the surety company. |
| Notary Seal/Stamp | $30 - $60 | Varies depending on the vendor and style. |
| Notary Journal | $20 - $40 | Required, permanently bound with numbered pages. |
| Total Estimated Cost | $270 - $520 |
Maintaining Your Notary Commission
- Your notary public commission is valid for four years.
- To renew your commission, you must repeat the education, exam, and background check processes. Remember the reduced 3-hour education is an option if you renew before your commission expires.
- Keep your seal and journal secure. Report any loss or theft to the Secretary of State immediately.
- Stay updated on changes to California notary law.
- Perform all notarial acts carefully and ethically, adhering to all applicable laws and regulations.
Pro Tips and Common Pitfalls
- Choose an Approved Education Provider: Make sure the course you take is specifically approved by the California Secretary of State. Verify this before enrolling.
- Study Thoroughly for the Exam: Don’t underestimate the exam. Familiarize yourself with California notary law and practice answering sample questions.
- Complete the Live Scan Promptly: Don’t delay the Live Scan process after passing the exam. Delays can hold up your commission.
- File Your Oath and Bond On Time: The 30-day deadline for filing your oath and bond is strict. Missing this deadline can invalidate your commission.
- Keep Accurate Records: Maintain a detailed and accurate journal of all notarial acts performed. This is crucial for protecting yourself from liability.
- Don’t Overcharge for Services: California law regulates the fees you can charge for notarial acts. Adhere to these fee limits.
- Never Notarize a Blank Document: This is illegal and can have serious consequences.
- Understand Your Limitations: Know what you can and cannot notarize. If you are unsure, consult with an attorney or the Secretary of State.
- E&O Insurance: While not required, Errors and Omissions (E&O) insurance can provide additional protection in case of unintentional mistakes.
- Continuous Learning: Notary law can change. Regularly review updates and consider attending continuing education seminars to stay informed.
By following these steps and tips, you can successfully become a Notary Public in California and provide valuable services to your community. Good luck!
Frequently Asked Questions
How much does it cost to become a notary public in California?
The total estimated cost to become a notary public in California ranges from $270 to $520. This includes the education course, application fee, Live Scan fingerprinting, surety bond, notary seal/stamp, and notary journal.
How long does it take to become a notary public in California?
The time it takes to become a notary public in California can vary, but typically it takes 1-3 months. This depends on how quickly you complete the education course, pass the exam, undergo the background check, and file your oath and bond.
How difficult is the California notary public exam?
The California notary public exam requires thorough preparation and a good understanding of California notary law. Study the course materials provided by your approved education vendor and practice answering sample questions to increase your chances of passing.
Is E&O insurance required for California notaries?
No, Errors and Omissions (E&O) insurance is not a requirement to become a notary public in California. However, it can provide extra financial protection in case of unintentional mistakes made during notarial acts.