In most states, you can become a notary public with a felony on your record. Whether you qualify depends on the type of felony, how much time has passed since you finished your sentence, and whether your civil rights have been restored. A small number of states impose a near-absolute bar, but even those often make room for pardons or expunged records. The path is harder with a conviction, but it is rarely closed.
Three Ways States Treat Felony Convictions
State commissioning offices fall into roughly three camps, and knowing which one governs your application tells you most of what you need to know about your odds.
A first, small group treats a felony as a hard disqualifier. Even here, exceptions sometimes exist for pardons or expungements. A second group uses a waiting period, commonly five to ten years after you complete your sentence. The third and largest group reviews applications case by case, weighing the nature of the offense, how long ago it happened, and evidence that you have moved on from it.
There is no federal standard. Each state’s secretary of state (or equivalent office) sets and administers its own rules, so the specific disqualifiers are published by that office. Check them before you invest time in the paperwork.
Which Felonies Cause the Most Trouble
Not every felony carries the same weight. Convictions involving dishonesty, fraud, or deception get the harshest treatment because they go to the core of a notary’s job: verifying identities, witnessing signatures, and certifying that documents are what they claim to be. Forgery, embezzlement, identity theft, perjury, and financial fraud are the offenses most likely to result in denial, even in states that otherwise take a flexible approach.
Non-violent felonies unrelated to fraud tend to get more lenient review. A drug conviction from fifteen years ago is generally viewed differently than a recent embezzlement charge. In case-by-case states, the question is whether the offense suggests you would be unreliable in a position of public trust, not whether you have ever committed a crime.
How Time Since the Conviction Works
Time matters more than almost any other factor. Where a waiting period applies, the clock typically starts when you finish your entire sentence, including probation and parole. It does not run from the date of conviction or the date you were released from custody. If you finished a five-year probation term two years ago, you have two years toward whatever period your state requires.
States that do case-by-case review may not have a formal waiting period, but a recent conviction still weighs against you. The more distance between the offense and your application, the stronger your case.
Expungement, Pardon, and Restored Civil Rights
Getting the record expunged is the most effective way to remove a felony as a barrier. An expungement seals or erases the conviction, and in most states you can legally answer “no” when asked whether you have been convicted of a felony. Expunged records generally do not appear in background checks, which smooths out the application considerably.
A pardon works differently. It is official forgiveness from the governor or president, but it does not erase the conviction. What it does is signal rehabilitation, and many states treat a pardon as strong evidence that you are fit to serve. Some states explicitly require a pardon or restoration of civil rights before a person with a felony conviction can apply at all.
Restoration of civil rights is related but distinct. Felony convictions often strip rights like voting, jury service, and holding public office. In states that classify notary service as a public office, you may need those rights formally restored before you are eligible. Some states restore rights automatically once you complete your sentence; others require a petition to the governor or a court.
Be Honest on the Application
Nearly every state asks about your criminal history on the application, and the questions are usually direct. Have you ever been convicted of a felony? Have you ever had a professional license revoked? Some applications ask about arrests as well as convictions. Answer honestly.
Applications are typically signed under penalty of perjury, and many states run background checks that surface anything you tried to hide. If a false statement is discovered after your commission is issued, the commission can be revoked. In some jurisdictions the misrepresentation itself can bring criminal charges.
Honesty helps more often than people expect. Commissioning offices regularly approve applicants who disclose old convictions and show rehabilitation. What they do not forgive is deception, because a notary who lies on their own application has already undermined the trust the role requires.
What to Include to Show Rehabilitation
If your state reviews case by case, the burden is on you to show you have changed. That means concrete evidence, not just a claim. The materials commissioning offices most often want to see:
- A written personal statement explaining what happened, what you learned, and why you want a notary commission. Be specific and accountable rather than vague.
- Court documents, including the judgment, sentencing order, and proof that you completed every term of the sentence, including probation and restitution.
- Character references from people who know you well and can speak to your integrity. Some states require the letter-writers to confirm they have known you for at least a year and are not related to you.
- Employment and community records showing stable work, volunteer activity, or other involvement since the conviction.
- Any certificate of rehabilitation your state issues, or documentation that your civil rights have been restored.
Gather these before you submit. An application that addresses the conviction directly, with documents attached, is far more persuasive than one that checks the “yes” box and hopes for the best.
If Your Application Is Denied
A denial is not necessarily the end. Most states send a written denial letter explaining the reasons, and many offer a formal appeal, often through an administrative hearing where you can present evidence of rehabilitation.
Read the letter carefully first. Some denials come from fixable problems, like missing documents or an incomplete answer, rather than a final judgment on your record. Contact the notary division to find out whether resubmitting with more documentation would help.
For denials based on the criminal record itself, an attorney who handles administrative law can help with the appeal. Some states bar you from filing a new application while an appeal is pending, and others impose a waiting period of a year or more after a denial before you can reapply. Know your state’s specific rule so you do not accidentally reset the clock.
Remote Online Notarization Can Be Stricter
If you are interested in remote online notarization, where signatures are witnessed by video rather than in person, check those rules separately. Some states that allow people with felony convictions to apply for a standard commission draw a harder line for remote online notarization, requiring no felony convictions at all. The general notary rules and the RON rules are not always the same.