This topic contains 9 replies, has 6 voices, and was last updated by  notaris91 6 years, 11 months ago.

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  • #13943

    geeh1_2000
    Participant

    I basically got a dui summer 2011 and im in the process of
    Obtaining my commission. I’m worried the state will reject my application
    I pretty much have a misdemeanor dui and I did note that on the application.

    #14193

    geeh1_2000
    Participant

    Forgot to mention this is taking place in California

    #14194

    jmalone
    Moderator

    Follow this link for common reasons to be disqualified. You did the right thing by noting it on your application.

    https://www.sos.ca.gov/business/notary/qualifications.htm

    #14195

    lilian
    Participant

    Hello geeh1_200 aside from getting very informative and useful tips here in the forum shared by admin and special mention jmalone , I also checked this site https://www.notaryofamerica.com/States/faq.aspx to get more detailed answer concerning notary qualifications and disqualifications.

    #14196

    mharmon
    Participant

    @geeh1_2000 wrote:

    I basically got a dui summer 2011 and im in the process of
    Obtaining my commission. I’m worried the state will reject my application
    I pretty much have a misdemeanor dui and I did note that on the application.

    Well, there’s no “basically” or “pretty much” — you were either convicted or you weren’t. And you’re required to disclose it on your application (in California). If you don’t, they’ll find out anyway when they do a background check. If you failed to disclose, they’d deny you outright anyway. So yes, it’s good you mentioned it… but it may not change anything. It will make a difference, though, if in the future you want to obtain a commission, because if you are denied your commission because you failed to disclose a conviction, then you’re pretty much guaranteeing you’ll never get one. But, if you disclose but are denied because it’s too soon since your conviction (10 years for most misdemeanors) then you’re not disqualifying yourself forever… but you’ll probably have to wait until 10 years have passed.

    Since it’s been less than 10 years since your misdemeanor conviction, you will probably be denied. I’ve been hearing that they are really strict about this… if you’ve got a recent criminal conviction… you’re pretty much out of luck. You can always request a hearing to fight it.

    General Qualifications are listed here: https://www.sos.ca.gov/business/notary/qualifications.htm

    The full, current disciplinary guidelines are here: https://www.sos.ca.gov/business/notary/forms/notary-guidelines-2001.pdf

    HOWEVER… be aware that these will likely be changing soon. There are some proposed guidelines that are even more strict that are in the works.

    #14197

    DUI is not a disqualifying conviction.

    #14198

    mharmon
    Participant

    @andyljohnson wrote:

    DUI is not a disqualifying conviction.

    Are you sure about that, Andy? The list of offenses they give isn’t limited to those offenses. I think it depends on the circumstances of each case. If it’s a felony…then you’re definitely out.

    About 2 months ago I was talking to one of the managers of a UPS store and he was telling me that they only had a notary on staff in the mornings right now because he was denied the renewal of his commission because he had a DUI misdemeanor a year before. Because he was still on probation and the case wasn’t listed dismissed or satisfied, the SOS denied his commission. He said he thought that since it was a misdemeanor and DUI wasn’t listed as an offense of “moral turpitude” that he’d be okay. They told him it was denied because the case was still “active” even though he’s only on summary probation, paid his fines, etc.

    More and more, I’m hearing from people who tell me that they tried to get a commission but were denied because of their background checks. One lady said that she was denied because she failed to comply with a court order that stemmed from a civil case. Apparently, she failed to appear in court to supply documents related to a case that a previous employer was dealing with, a bench warrant was issued, but she wasn’t even aware of it or that she was even supposed to have gone to court in the first place. She told me that it was just a paperwork thing, she’d already handled it with the court and was in the process of getting a hearing to overturn the denial…but she was pretty upset about the whole thing because she would have to travel to the hearing and she wasn’t sure the effort was worth it.

    This is just a personal observation/opinion… but to me, a DUI is way worse than some of the misdemeanors involved in the list of crimes in the disciplinary manual.

    #14199

    That is a possibility if the person is still on probation or if the case is pending, but I don’t think they will deny you after you have “served your time” for misdemeanor DUI. You can always call 916-653-3595 and see what they say.

    #14200

    mharmon
    Participant

    It’s my understanding that they won’t commit one way or another if you call them. They tow the official line by saying, “We can’t tell you for sure until after we conduct a background check, but if you have questions, please consult the disciplinary guidelines posted online.”

    That’s the safest answer, of course. We know if any conviction is a felony, you can forget it. For misdemeanors, they want at least 10 years to have gone by since completion of probation. I think that’s the kicker — completion of probation. Just because DUI isn’t on the “official” list doesn’t mean it won’t disqualify you. From what I’ve been hearing, they are getting really strict, and in reading the proposed new guidelines, I’d say that’s true.

    #14201

    notaris91
    Participant

    are there other matters that can cause failure?

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