Can You Become a Notary with a Criminal Record? (2026)

If you have a criminal record and want to become a notary public, you may be wondering whether your past will prevent you from receiving a commission. Notaries serve as trusted, impartial witnesses for the signing of important legal documents, and states take this responsibility seriously. Many states conduct background checks as part of the notary application process and may closely review offenses involving fraud, forgery, or dishonesty. However, a criminal record does not automatically disqualify you from becoming a notary.

How Notary Commissioning Authorities Evaluate Criminal Records

State authorities that review criminal histories for notary applicants typically consider several factors. Because notaries are entrusted with verifying identities and witnessing the execution of legal documents, offenses involving fraud, forgery, dishonesty, or identity theft may receive particular attention. Each application is generally reviewed on a case-by-case basis. Factors that authorities commonly consider include:

• Nature and severity of the offense — Whether the conviction is a felony or misdemeanor, and whether it involves fraud, forgery, dishonesty, or a crime of moral turpitude.
• Time elapsed since the offense — Many states look more favorably on offenses that occurred further in the past.
• Evidence of rehabilitation — Completion of probation, education, community service, or other steps that demonstrate personal growth and trustworthiness.
• Number of offenses — A single, isolated incident may be viewed differently than a pattern of criminal behavior.
• Relationship to the profession — Offenses involving dishonesty, forgery, or fraud may receive closer scrutiny given the trust-based nature of notarial duties.
• Completion of sentence — Whether all terms of the sentence, including fines and restitution, have been satisfied.

State-by-State Background Check Requirements

The following table shows which states require background checks and/or fingerprinting as part of the notary commissioning process, along with associated fees where available.

Steps to Improve Your Chances

If you have a criminal record and are pursuing a notary commission, consider taking these steps to strengthen your application:

1. Consult an attorney. A lawyer experienced in occupational licensing can review your specific situation and advise you on the best course of action.
2. Contact the commissioning authority. Many states offer pre-application reviews or informal guidance on whether your record may affect your eligibility.
3. Gather documentation of rehabilitation. Collect letters of recommendation, certificates of completion for any programs, and records showing you have fulfilled all terms of your sentence.
4. Be honest and transparent. Failing to disclose a criminal record when asked can result in automatic denial. Full disclosure with context is generally better received.
5. Look into expungement or record sealing. Depending on your state and the nature of the offense, you may be able to have your record expunged or sealed, which could simplify the application process.
6. Build professional references. Strong references from employers, community leaders, or other professionals can help demonstrate your character and trustworthiness.

Additional Resources

For more information about the notary commissioning process, visit our guide to becoming a notary. You can also browse notary requirements by state for detailed state-specific information.