Remote online notarization recording and electronic journal retention requirements come down to two obligations that run in parallel: capture a continuous audio-video recording of every session, and create a structured electronic journal entry for every notarial act, then preserve both in tamper-evident storage for the period your state sets, commonly between five and ten years from the date of the act.1Uniform Law Commission. Law on Notarial Acts, 2021 Revised Specific rules vary by state, but the framework below reflects what most RON jurisdictions require.
What the Audio-Video Recording Must Capture
The recording has to run continuously from the start of the session to the end, with no gaps or breaks. It must show the signer’s face throughout and document the full identity-verification process. A dropped segment is more than a technical blemish. It opens the notarization to challenge, because the recording is the evidence that the signer appeared voluntarily, understood the document, and was properly identified.
Identity verification generally runs in two layers, and the footage needs to show both clearly enough that a later reviewer could follow what happened. Credential analysis examines the security features of the signer’s government-issued photo ID, and the notary then visually compares the ID to the person on camera. Knowledge-based authentication adds a set of questions drawn from the signer’s personal history and public records. The combination is what gives the recording its evidentiary weight.
What Each Electronic Journal Entry Must Contain
The journal is a digital ledger that logs structured data about every notarial act. Each entry becomes a searchable, permanent record of what was signed and who was involved. Field requirements differ by jurisdiction, but most states require each entry to include:
- The precise date and time the notarization was performed.
- A description of the document, such as a deed of trust, power of attorney, or affidavit.
- The signer’s full name, and in most states their address.
- How the signer’s identity was verified, whether through credential analysis and KBA or, in some cases, through the personal knowledge or oath of a credible witness.
- The fee charged for the service.
Most states require entries to be immutable once completed. You cannot go back and edit a finalized entry, so each one needs to be right when you save it.
How Long You Have to Keep the Records
Retention periods for RON recordings and journal entries range from five to ten years in most states, though a handful tie the requirement to the notary’s term of office rather than a fixed number of years. Five years is the shortest commonly seen minimum. Ten years is the most common fixed period and the one recommended in model legislation. The clock starts on the date the notarial act was performed.
The practical consequence is that your storage has to be reliable for a decade or more. A notarization performed on the first day of your commission still needs to be retrievable years after that commission expires. If a record disappears before the retention period ends, consequences range from administrative fines to suspension or revocation of your commission, depending on the state. If the missing record relates to a transaction that later becomes the subject of litigation, you can face personal liability for the inability to produce the evidence.
Tamper-Evident Storage and Custodianship
RON records must be stored using tamper-evident technology. The recording and journal are digitally sealed so that any unauthorized alteration either triggers a visible alert or breaks the seal. The notary attaches an electronic signature and seal to the notarial certificate in a way that makes later changes to the document detectable, and the journal itself must be immutable once entries are finalized.
Most notaries meet these requirements by using a third-party RON platform that handles secure cloud storage, automated backups, and encryption. The platform runs the servers, but the notary remains the legal custodian. If the platform suffers a data breach or loses files, you are still the one responsible for complying with the retention rule. Before you commit to a provider, check whether the platform maintains redundant backups and whether your contract guarantees you can retrieve your records if you switch providers or the company shuts down.
Files must also remain readable for the full retention period. A recording saved in a proprietary format that nothing can open seven years later is functionally a deleted file. Use industry-standard formats and periodically open archived files to confirm they still work.
Transferring Records When You Stop Practicing
Records do not disappear when a commission ends. States generally require that they be transferred to a secure repository, transmitted to the secretary of state, or maintained by a personal representative who takes over the retention obligation. If a notary becomes incapacitated, a guardian or agent inherits the same duty.
The typical options are:
- Contracting with a third-party repository that meets state requirements and holds the records for the remainder of the retention period.
- Transmitting the records on an industry-standard storage device to the state official who oversees notary commissions.
- Transferring custody to a family member, executor, or agent who then complies with the same retention rules you would have followed.
If you use a RON platform, your contract should spell out what happens to your records if the agreement terminates. A well-drafted contract either lets you continue accessing the records independently or requires the platform to transfer everything to you, your representative, or the secretary of state. This is one of the quieter risks in RON practice, because the problem may not surface until years later when someone requests a record and the platform is gone.
Who Can Request Access to Your Records
Access is tightly restricted. You cannot share session data with anyone who asks. The categories of requestors who generally have a right to access are:
- Law enforcement officers investigating a criminal matter, who can request or, in some jurisdictions, seize journal records. Seizure typically requires probable cause.
- The secretary of state or equivalent official overseeing notary commissions, who can request certified copies of journal entries and related records. You must respond within the timeframe set by state law.
- Signers and other parties directly involved in the transaction, such as a lender or title company, who can generally request copies of the recording for their specific session.
When you provide copies, furnish a certified copy that confirms the electronic record accurately represents the original session. States allow a reasonable retrieval and copying fee, capped by statute. Keep a log of who has accessed each record. If a dispute later arises about whether a recording was tampered with, an access log showing who viewed or copied the file and when strengthens your position. Disclosing private session data to unauthorized parties can result in disciplinary action against your commission and civil liability to the affected signer.
Pending Federal Legislation to Watch
RON is currently governed entirely at the state level. The SECURE Notarization Act, a federal bill that passed the U.S. House of Representatives, would require every state to recognize RON notarizations performed under another state’s laws and would establish baseline technical requirements for recordings and communication technology. As of the 118th Congress, the bill was referred to the Senate Judiciary Committee and has not been enacted.2Congress.gov. HR 1059 SECURE Notarization Act If it passes, RON notaries would have to comply with both their state’s rules and the federal baseline, so tracking its progress is worth the time if you maintain a RON commission.