This topic contains 13 replies, has 12 voices, and was last updated by  Curtis34 4 years, 12 months ago.

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  • #13928

    Lindaracha
    Participant

    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.

    #14120

    LindaHFL
    Participant

    Has there been a conviction yet? I think that’s one of the key elements

    Maybe this link will help…

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

    As this documents states, it’s a matter of character and if I’m reading it correctly, the SOS is responsible for maintaining that standard – an opening paragraph states “To ensure the integrity of notaries public, the Secretary of State may refuse to appoint any person as a notary public or may revoke or suspend the commission of any notary public for
    failure to meet the minimum qualification standards or violation of notary public law.
    ” (Bold added by me for emphasis)

    Do you have to report it? I don’t know – I’d guess if you don’t the SOS certainly doesn’t have the personnel avaialble to monitor court dockets for notary names, but I’m sure it will show up on your renewal background check.

    #14121

    Lindaracha
    Participant

    yes, was arrested, jailed, it will be on my record for 10 years. …so I just wait until my renewal and see what happens…? Are you from Florida, Linda? I was hoping to get a response from someone in California since the laws are all different; and California happens to have some of the strictest DUI laws in the nation…

    #14122

    jmalone
    Moderator

    Even though Linda is in Florida, she provided you with information directly from the Secretary of State in California. Linda is always quite helpful and knowledgeable. Perhaps you should call the Secretary of State, Notary Public Division and ask them the question directly. Do not rely on message forums for the definitive answer.

    When you were arrested, did you tell them you are a notary?

    #14123

    LindaHFL
    Participant

    Thank you Joan..and I agree with you…

    To the OP: I was just trying to help the you find info – this is straight from the handbook. Since you ARE commissioned and there IS a minimum standard, and there has been a conviction AND a jail term – I think you’ve answered your own question..

    I, personally, think you have a duty to report it to the SOS and let the chips fall where they may. But that’s just my opinion – as a notary you’re held to a standard of conduct and it’s incumbent upon you to maintain that standard or take your lumps for not doing so.

    Good Luck.

    #14124

    jorgea
    Participant

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

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    #14125

    maureenlazar
    Participant

    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.

    #14126

    georgiamiller
    Participant

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

    __________________________________
    DUI Lawyer | DUI Attorney

    #14127

    sallysmith
    Participant

    @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

    #14128

    mharmon
    Participant

    @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.

    #14129

    notaris91
    Participant

    @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.

    yes, you should

    #14131

    jennaswift_07
    Participant

    @georgiamiller I think she did learn her lesson

    Back to the topic do you have any plans to have a DUI Expungement? I’m just not sure if California allows it, all you have to do is to complete some procedures and pay a fine but it may take a while.

    #14130

    jakecoleman
    Participant

    I think you should give a report to the SOS like what LindaH said. But if you are still confuse and you don’t know what to do, it would be better to ask a attorney for help like a DUI attorney in Colorado.

    #14132

    Curtis34
    Participant

    Is it true that you can get a Los Angeles DUI lawyer to do a free consultation for you before hiring? I think that’s a great way to make sure you will be comfortable with who you hire.

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