I believe it would be best if you report this DUI and take responsibility for what happens next.

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Useful reading

https://www.sos.ca.gov/business/notary/forms/notary-guidelines-2001.pdf

ANY VIOLATION: Revocation of the commission.
Example 1: False or misleading information regarding, but not limited to:
• Date of birth
• Social security number
• Driver’s license or identification card
• Citizenship or alien registration
Example 2: False, misleading or omitted information about any felony or misdemeanor
arrest(s) or conviction(s) of any crime, including but not limited to:
• Driving under the influence (DUI)
• Theft or petty theft
• Trespassing
• Forgery
• Prostitution
NOTE: ALL CONVICTIONS MUST BE DISCLOSED, REGARDLESS OF WHEN
OR WHERE THEY OCCURRED. The only exceptions are traffic infractions,
any offense which was finally adjudicated in a juvenile court or under a youthful
offender law, and any incident that has been sealed under Welfare and Institutions

After a lapse of one year from the effective date in which the Secretary of State
issued the decision to deny an appointment and commission, or revoke a
commission as a notary public, for violation of subdivision (a) of Section 8214.1
of the Government Code, the Secretary of State may reconsider an applicant upon
receiving a new application.
- - - - -

FACTORS CONSIDERED
__________
In determining whether to deny, revoke or suspend a commission as a notary public, the
Secretary of State shall consider a variety of factors, including, but not limited to, the following:
(1) Nature and severity of the act, offense or crime under consideration.
(2) Number and/or variety of current violations.
(3) Evidence pertaining to the requisite honesty, credibility, truthfulness, and integrity of the applicant or commissioned notary public.
And the list goes on check it out.

I hope that you learned a lesson to this and never to repeat it again next time.

__________________________________
DUI Lawyer | DUI Attorney

@maureenlazar wrote:

Useful reading

https://www.sos.ca.gov/business/notary/forms/notary-guidelines-2001.pdf

ANY VIOLATION: Revocation of the commission.
Example 1: False or misleading information regarding, but not limited to:
• Date of birth
• Social security number
• Driver’s license or identification card
• Citizenship or alien registration
Example 2: False, misleading or omitted information about any felony or misdemeanor
arrest(s) or conviction(s) of any crime, including but not limited to:
• Driving under the influence (DUI)
• Theft or petty theft
• Trespassing
• Forgery
• Prostitution
NOTE: ALL CONVICTIONS MUST BE DISCLOSED, REGARDLESS OF WHEN
OR WHERE THEY OCCURRED. The only exceptions are traffic infractions,
any offense which was finally adjudicated in a juvenile court or under a youthful
offender law, and any incident that has been sealed under Welfare and Institutions

After a lapse of one year from the effective date in which the Secretary of State
issued the decision to deny an appointment and commission, or revoke a
commission as a notary public, for violation of subdivision (a) of Section 8214.1
of the Government Code, the Secretary of State may reconsider an applicant upon
receiving a new application.
- - - - -

FACTORS CONSIDERED
__________
In determining whether to deny, revoke or suspend a commission as a notary public, the
Secretary of State shall consider a variety of factors, including, but not limited to, the following:
(1) Nature and severity of the act, offense or crime under consideration.
(2) Number and/or variety of current violations.
(3) Evidence pertaining to the requisite honesty, credibility, truthfulness, and integrity of the applicant or commissioned notary public.
And the list goes on check it out.

This is very useful. Thanks for posting it.

_______________________
DUI Lawyer

@Lindaracha wrote:

Could not find how to post on the California forum... I am a Notary in California and got a DUI. Does anybody know if I have to notify S.O.S.? Will my commission be revoked? Could not find an answer to this in the Handbook; they only talk about trying to be commissioned for the first time with a DUI on your record... Thanx.

There are several factors here. First was it a felony conviction? If so... you need to tell the Secretary of State, because a felony conviction of any kind means an automatic revocation of your current commission. Technically... the judge in your case should have revoked your commission and notified the Secretary of State. I'm guessing (if it was a felony) the judge wasn't aware that you're a notary. See CA Gov't Code 8214.8:

"Upon conviction of any offense in this chapter, or of Section 6203, or of any felony, of a person commissioned as a notary public, in addition to any other penalty, the court shall revoke the commission of the notary public, and shall require the notary public to surrender to the court the seal of the notary public. The court shall forward the seal, together with a certified copy of the judgment of conviction, to the Secretary of State."

Just as a bit of an update on this, California is in the process of revamping their disciplinary guidelines -- and they are going to be more strict. One of the biggest updates to these guidelines will (likely) be that disciplinary actions will be made publicly accessible on the Sec of State's website. Right now, they can only publish them in writing...which they don't really do because they don't have the money to print the newsletters.

If it wasn't a felony....

If you want to renew your commission? I think you're pretty much out of luck there. They are denying commissions for offenses far less than a DUI (even misdemeanor ones).

If you're hoping to renew your commission at some point, it might actually be better for you to call them and report the conviction yourself. You may end up suspended or revoked if you do that, but you know what? You now have a conviction that disqualifies you for a commission. If you then reapply later on, you may have the ability to use that in your favor, show rehabilitation, etc. There's no guarantee of it working, of course... but to me... it's more honest to report it on your own before they find out and revoke it automatically. And... if you report it before the new guidelines go in to effect, I don't know...maybe it might help you there, too. I have no idea... that's all for a lawyer to sort out. I'm just thinking out loud. But I know that if, on a renewal application, they find a misdemeanor conviction that you didn't report? You're definitely out of luck.

I'm with the others that, just on a moral level... you need to call them and report it.