Almost any adult who lives or works in the state where they want to serve can become a notary public, provided they are at least 18, can read and write English, pass a background check, and complete whatever education, bonding, and oath their state requires. A smaller group holds notarial authority automatically: certain judges, court clerks, and justices of the peace by virtue of their office, and specific military personnel under federal law.
The Baseline Eligibility Requirements
Most states follow the model set by the Revised Uniform Law on Notarial Acts (RULONA), which about half the states have adopted in some form. The baseline is simple. You need to be at least 18. You need to be able to read and write English. And you need to either live in the commissioning state or work there.
Beyond those mechanical requirements, RULONA asks the state to find that an applicant has the “honesty, integrity, competence, and reliability to act as a notary public.” That standard is evaluated through the application itself and through a criminal background check. The bar is accessible on purpose. A notary’s job is witnessing signatures and verifying identities, not practicing law, so the gatekeeping focuses on trustworthiness rather than legal training.
Criminal History
Background screening is where most applications fail. Under the RULONA framework, a felony conviction or any offense involving fraud, dishonesty, or deceit within the preceding five years creates a strong presumption of ineligibility. Older convictions are not automatically disqualifying, but they can still be weighed against you. The whole point of the screening is to keep people with histories of financial crimes, perjury, or similar offenses out of a role built on public trust.
You Do Not Have to Be a U.S. Citizen
One of the most persistent myths about this job is that only citizens can hold a commission. The U.S. Supreme Court struck down that requirement in 1984, holding that a state law conditioning notary commissions on citizenship violated the Equal Protection Clause of the Fourteenth Amendment. The Court reasoned that a notary’s duties are “essentially clerical and ministerial” and do not implicate the kind of policymaking authority that would justify restricting the role to citizens.1Justia. Bernal v. Fainter, 467 U.S. 216 (1984) Under the RULONA model, any citizen, permanent legal resident, or other individual lawfully present in the United States can qualify.
What It Takes to Actually Get Commissioned
Meeting the eligibility rules only gets you to the starting line. Depending on your state, the steps that follow can include a course, an exam, a bond, and an oath.
Education and Exams
Not every state requires formal education, but a growing number do. California, Florida, Missouri, and Montana mandate a pre-commission course, and several other states require passing a written exam. Where both are required, the course typically runs three to six hours and covers the office’s legal responsibilities, proper identification procedures, and common mistakes that lead to liability. You receive a certificate of completion to submit with your application.
The Application
Applications go to the Secretary of State or an equivalent authority. You provide your full legal name, address, and a specimen signature that will serve as your official signature for notarial acts. Some jurisdictions also require character references. Any mismatch between your identification documents and what you put on the form can trigger a rejection, so check everything carefully before submitting. Processing fees generally fall between $20 and $100.
The Surety Bond
Almost every state requires a surety bond before your commission becomes active. The bond protects the public, not you. If you make an error or engage in misconduct that causes someone a financial loss, the bonding company pays the claim and then seeks reimbursement from you. Required bond amounts generally range from $5,000 to $15,000, and the annual premium is usually well under $100. You need proof of the bond when you file your application or take your oath.
Errors-and-omissions insurance is a separate product that protects your own assets if you are sued for a notarization mistake. It is optional in most places. The bond is for the public’s benefit; insurance is for yours.
Oath of Office
Once your application is approved, you receive a commission certificate, but you are not yet authorized to act. You still have to take an oath of office, typically administered by a county clerk or another designated official. Most states give you about 30 days after approval to complete this step. Miss the window and your commission can be voided, which forces you to start over.
At the same time you take the oath, you usually have to file your bond with a local recording office. Only after both the oath and the bond filing are complete does your authority to notarize actually begin.
Commission Terms and Renewal
Notary commissions do not last forever. Most states issue commissions for four-year terms, though some go as long as ten years. Renewal typically requires a fresh application, an updated background check, and sometimes a refresher course. If you let your commission lapse, you lose all authority to notarize. There is no grace period.
Officials Who Are Notaries Without Applying
Not everyone who performs notarial acts went through the standard application process. Judges, court clerks, and justices of the peace hold notarial authority in many states by virtue of their office. Their power to administer oaths and take acknowledgments flows from the statutes defining their positions, not from a separate commission. In some jurisdictions, licensed attorneys also carry automatic notarial authority as an extension of their professional standing.
These officials are held to the same impartiality and verification standards as any commissioned notary. Their authority typically ends the moment they leave office, and in some cases is limited to documents connected to their official duties. A court clerk, for example, might only be able to notarize filings tied to court proceedings.
Military Personnel
Federal law grants notarial powers to specific military personnel so that service members and their families can get documents notarized without hunting for a civilian notary, especially overseas. Under 10 U.S.C. ยง 1044a, the following people can perform notarial acts for uniformed service members and other eligible individuals: judge advocates (including reservists), civilian attorneys serving as legal assistance attorneys, adjutants and personnel adjutants, civilian paralegals at military legal assistance offices, and any other service members specifically designated by regulation.2Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary
No fee can be charged for notarial acts performed under this authority. The statute gives these personnel the general powers of both a notary public and a U.S. consul, so their notarizations are recognized for legal purposes the same way a civilian notarization would be.2Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary
A Note on Who Owns the Commission
If your employer pays for your commission, bond, and supplies, they might assume they own those things. They do not. A notary commission is granted to you as an individual, and your obligation runs to the state and the public, not to whoever signs your paycheck. Your seal, journal, and commission travel with you when you leave a job. Several states have laws explicitly prohibiting employers from retaining those items after a notary leaves. This matters because your journal contains records of every notarization you performed, and you may need those records years later if a past transaction is disputed.