Posted by Eric Rammy on 9/28/11 10:26pm
Msg #399131

Do you think my CA notary Public application will be denied?

I want to become a California notary Public, but I am afraid of my application being denied, and losing all of my invested time and money.

As of now, I am 20 years old, but when I was a minor, 15 years old to be exact, I got into some trouble with the law. I was convicted of petty theft on one occasion and possession of marijuana with intent to sell on another.

I have tried searching and I find these charges under "most common disqualifying convictions" but there is no information on the difference between adult convictions, and convictions as a minor. Since I was under 18 and these incidents happened over 5 years ago, do you thing they will still recommend denial of my application?

Reply by desktopfull on 9/28/11 11:03pm
Msg #399132

Why don't you check and see if your juvee records are sealed? That's what usually happens unless your state has laws that allow your juvee record to follow to adult charges.

Reply by SheilaSJCA on 9/28/11 11:15pm
Msg #399133

Good point about sealed records. I know a CA notary that had a felony conviction in junior high for graffiti in the school bathroom. Once restitution was done, their records were sealed. They have since become a notary.

Reply by Glenn Strickler on 9/28/11 11:41pm
Msg #399135

You should see an attorney. You may be able to have your record expunged. If not, it may cause you other issues throughout your lifetime. Best to take care of it now.

Reply by SouthernOK on 9/29/11 8:51am
Msg #399150

100% agree n/m

Reply by HisHughness on 9/29/11 9:47am
Msg #399155

For information on expungement, see...

http://criminal.lawyers.com/expungements/Criminal-Law--Expungement-FAQ.html

Remember, though, that juveniles are not convicted of specific offenses in most jurisdictions (I don't know about CA). They are simply declared delinquent, and evidence of the specific offenses is submitted to establish that they are delinquent.

Reply by JanetK_CA on 9/28/11 11:49pm
Msg #399137

A while back, I got into conversation with a young woman at a place where I frequently drop off documents, who was applying for a notary commission. She described a similar situation, and I'm sorry to tell you that her application was rejected for that reason - or at least that's what she told me. This is just what she told me and I have no idea how accurate her story was, so you never know...

Sounds like a good idea to me, too, to check your own records. Somewhere on this site is information on how to contact Lexus Nexus to get a free copy of your own background check. If that shows up clean, you may be OK. Ultimately, you'll probably only know for sure if you try. Guess you'll just have to decide how badly you want to become a notary.

BTW, I'm always curious why people want to become a notary in the first place - especially these days...

Reply by Eric Rammy on 9/29/11 12:29am
Msg #399139

My employer is pushing it on me and will reimburse me if I pass. I thought about sealing my records, but will that even make a difference? I mean, on the application I think you have to disclose all convictions regardless if they were sealed or expunged. In California they also run their background checks with the FBI anyways so there's no hiding it from them. I really appreciate the advice BTW.

Reply by HisHughness on 9/29/11 12:45am
Msg #399140

I only handled a couple of juvenile cases, and that was 40 years ago. I have never practiced in California. However, I suspect the procedure will be the same.

You probably were not convicted of the specific offenses you mentioned, but of being a delinquent. I don't think juveniles are convicted of specific offenses. Thus, you may not have to report them, and instead can use the nomenclature that you were convicted of.

Are you sure the SOS has access to juvenile records? My guess is not.

I suspect you don't actually have a problem.

Reply by Glenn Strickler on 9/29/11 1:35am
Msg #399141

Except the required background check

to become a notary are performed by the Ca Departmen of Justice and FBI. Do they look at juvie records? I don't know. Would be a good thing to find out before you spend the money.

Reply by Glenn Strickler on 9/29/11 1:40am
Msg #399142

All the more reason to see an attorney to see if you can have it expunged. Is so, you never have to worry about it again.

Reply by Notarysigner on 9/29/11 9:40am
Msg #399153

Page 5 Calif Notary handbook 2011 says..

Convictions
Applicants are required to disclose on their applications all arrests for which trials are pending
and all convictions, including convictions that have been dismissed under Penal Code section
1203.4 or 1203.4a. If you have any questions concerning the disclosure of convictions or
arrests, contact the Secretary of State’s office prior to signing the application. If you do not
recall the specifics about your arrest(s) and/or conviction(s), you can contact the California
Department of Justice at (916) 227-3849.
The Secretary of State may deny an application for the following reasons:
- Failure to disclose any conviction;
- Conviction of a felony; or
- Conviction of a disqualifying lesser offense when less than 10 years have passed since
the completion of probation.
The applicant has the right to appeal the denial through the administrative hearing process.
(Government Code section 8214.3) For a complete list of reasons the Secretary of State may
deny an application, please refer to Government Code section 8214.1. Refer to the Secretary of
State’s Notary Public Disciplinary Guidelines 2001 for a list of the most common disqualifying
convictions. The disciplinary guidelines are available on the Secretary of State’s website or
can be mailed to you upon request.

Reply by 101livescan on 9/29/11 9:50am
Msg #399156

Eric, you can request and pay for a California Record Review by the CA State Attorney General's office (DOJ). Cost is $50 and you will be mailed a copy of your criminal records.

This will undoubtedly give you some comfort in knowing exactly what the SOS might find on your record.

Issues of integrity are what disqualify people from becoming notaries (criminal acts, molestation, white collar crime, embezzlement, etc.)

Any livescan facility can assist you. If you're in Santa Barbara/Ventura counties, I can help you...www.101livescan.com

Reply by GOLDGIRL/CA on 9/29/11 11:01am
Msg #399163

Speaking of criminal records ....

<<Issues of integrity are what disqualify people from becoming notaries (criminal acts, molestation, white collar crime, embezzlement, etc.)>>


It's a shame the same standards don't apply to the mortgage industry...

Reply by Stephanie Santiago on 9/29/11 11:35am
Msg #399180

I'm looking it up, Eric. n/m

Reply by Stephanie Santiago on 9/29/11 11:38am
Msg #399182

Eric - Be honest on your application. n/m

Reply by linda/ca on 9/29/11 5:26pm
Msg #399221

Re: Eric - Be honest on your application.

Are you guys kidding me? Yes, people make mistakes but, notary, peoples identification......are you waking up?