Yes. In most states, the Secretary of State can revoke a notary public’s commission, and that office is the one that both issues commissions and takes them away. Revocation follows an investigation, written notice of the alleged violations, and a chance for the notary to respond before any final order is entered. A handful of states assign this authority to a different office, so the first thing to confirm is who actually commissions notaries where you live.
Which Office Holds the Power in Your State
The Secretary of State is the commissioning authority in a majority of states, but not all of them. Alaska and Utah route notary oversight through the Lieutenant Governor. Florida’s notaries are appointed by the Governor. Georgia handles it through the Superior Court Clerks’ Cooperative Authority. Hawaii assigns the role to the Attorney General, and Washington uses its Department of Licensing. If you are filing a complaint against a notary, or you are the notary facing discipline, the office that issued the commission is the office that can revoke it. Check your state before you assume.
What Can Get a Commission Revoked
The specific grounds vary by state, but the categories of misconduct that lead to revocation look similar across the country.
Notarizing Without the Signer Present
Every state requires the signer to personally appear before the notary at the time of notarization. It is the most fundamental rule of the role, and violating it is one of the fastest ways to lose a commission. The point of a notarization is that an impartial witness verified the signer’s identity and watched them sign; stamping a document without the person in the room defeats that purpose entirely.
Conflicts of Interest
A notary cannot notarize a document in which they have a direct financial or beneficial interest beyond the notary fee. That rules out notarizing a deed, contract, or similar instrument where the notary is a named party to the transaction. Some states extend the prohibition to documents signed by close family members, with the exact scope varying.
Fraud and Falsification
Intentionally recording false information in a notary certificate is grounds for revocation everywhere. Backdating a notarization, falsely claiming to have verified identity, or notarizing a document the notary knows to be forged all qualify. These acts can trigger criminal prosecution on top of the administrative revocation.
Giving Unauthorized Legal Advice
Unless the notary is also a licensed attorney, advising signers about the legal effect of their documents is prohibited. A notary cannot tell a signer which type of notarization is needed, explain the consequences of signing, or answer legal questions. The rule catches people off guard, especially those working around real estate or immigration services, and violating it can cost the commission and lead to unauthorized practice of law claims.
No Longer Meeting Eligibility Requirements
A commission can be pulled if the notary no longer qualifies to hold one. Common disqualifiers include a felony conviction, loss of state residency, or the discovery that the original application contained false information. Letting a required surety bond lapse, or failing to maintain errors and omissions insurance in states that require it, also puts a commission at risk. Surety bond requirements across states generally range from $5,000 to $25,000.
Recordkeeping and Seal Problems
In states that require a notary journal, failing to keep one is treated as a serious violation. Overcharging past the fee limits set by state law is another frequent basis for discipline. Letting someone else use your seal, or failing to secure it when it is not in use, can also lead to revocation. The seal is yours alone, and preventing its misuse is your responsibility.
How the Revocation Process Works
Revocation does not happen overnight. The commissioning authority usually acts after receiving a complaint from the public or spotting a potential violation through its own monitoring. An investigation follows, during which the office reviews evidence and may ask the notary to produce records.
If the investigation supports the allegations, the notary receives a formal written notice setting out the specific violations and the proposed discipline. The notice gives the notary a chance to respond in writing or request an administrative hearing. The hearing is where you present your side, offer evidence, and challenge the allegations against you.
Not every investigation ends in revocation. Depending on how serious the misconduct is, the authority might issue a warning, impose a fine, require additional training, or suspend the commission temporarily. Revocation is the most severe outcome and is generally reserved for serious or repeated violations. When the authority does revoke, it issues a final written order terminating the commission.
What Happens After the Commission Is Revoked
Once revocation takes effect, the former notary immediately loses all legal authority to perform notarial acts. Continuing to notarize after that point is illegal and can bring criminal charges on top of the administrative discipline already imposed.
Seal and Journal
State law dictates what happens next with the seal and journal. In many states, the notary must destroy or deface the seal so it can no longer produce a legible impression. Other states require the seal to be surrendered to the commissioning authority. Some set tight deadlines, requiring delivery within 10 to 30 days of the revocation notice.
Journal rules also vary. Some states require the journal to be delivered to the Secretary of State or a county clerk. Others let the former notary keep the records for a set period, often 5 to 10 years, while notifying the state where they are stored. Willfully failing to turn over notarial records when required is a separate violation that can carry its own penalties.
Criminal and Civil Exposure
Revocation is an administrative action, but the conduct behind it often carries criminal and civil consequences of its own. Depending on the state and the nature of the violation, a notary can face misdemeanor or felony charges for falsifying certificates, notarizing without a valid commission, or facilitating fraud. Fines, probation, and jail time are all possible.
Anyone harmed by a notary’s misconduct can sue for damages. If the notary had a surety bond, the injured party can claim against the bond to recover losses, and if the surety pays, it can seek reimbursement from the notary personally. A judgment can exceed any administrative fine and reach personal assets, wages, and property. The financial fallout can follow a former notary well past the end of the commission.
Do Earlier Notarizations Still Hold Up?
Notarizations performed while the commission was active and valid are not automatically invalidated by a later revocation. A document notarized by someone who was properly commissioned at the time generally keeps its legal effect.
The exception is when the notarization itself was the misconduct. If the commission was revoked because the notary was backdating documents, notarizing without the signer present, or otherwise faking the act, those specific notarizations can be challenged in court. A revocation for an unrelated reason, like a lapsed bond, does not retroactively undo legitimate notarizations the person performed earlier.
Getting a Commission Back
Reinstatement after revocation is difficult and never guaranteed. Much depends on why the commission was pulled. A notary who lost it over a paperwork failure or a lapsed bond has a far better chance than one revoked for fraud or a felony conviction. In many states, a fraud-related revocation effectively bars the person from ever holding a commission again.
Where reinstatement is possible, the former notary generally has to go through the full application process from scratch, including fees, a new surety bond, and any required education. Most states impose a waiting period before a revoked notary can reapply, running from one year to several years depending on the offense. Some states also require evidence of rehabilitation, such as additional notary training or proof that restitution has been paid to victims. In some jurisdictions, including Maryland, a notary whose commission was revoked for a procedural failure like not appearing for an oath can simply reapply with a new application and fee.
If you are considering reapplying after a revocation, contact your state’s commissioning authority directly. They can tell you whether a waiting period applies, what documentation you will need, and whether the nature of the original violation makes reinstatement realistic in your case.