Posted by JustANotary on 12/5/12 11:32am Msg #445602
Military ID in California
I am being asked to do a signing but the signer's DL is expired 2 years ago. He has military ID. NNA says some states allow this & some do not. I lent my notary hand book to a friend, so could someone tell me if this is OK in California? The guy is old & weak, if military ID is not OK, is there any way his daughter can go to DMV & get a current ID for him?
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Reply by Linda_H/FL on 12/5/12 11:42am Msg #445605
http://www.sos.ca.gov/business/notary/forms/notary-handbook-2012.pdf
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Reply by SOCAL/CA on 12/5/12 11:42am Msg #445606
Re: FYI_Military ID in California
From page 8 of the CA Handbook. The handbook is available online on the CA SOS website.
(d) A United States military identification card with the required photograph, description of the person, signature of the person, and an identifying number. (Some military identification cards do not contain all the required information.
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Reply by JustANotary on 12/5/12 11:45am Msg #445607
Re: FYI_Military ID in California
Thanks!!
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Reply by LynnNC on 12/5/12 12:24pm Msg #445610
Re: FYI_Military ID in California
I have never seen a military ID that has a 'description' of the person, but all have a photograph.
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Reply by Priscilla Witman on 12/5/12 12:48pm Msg #445615
Re: FYI_Military ID in California
The dependent/retiree cards usually have the description on the front, sometimes harder to read because of the background color of the ID. The Common Access Card is the one military ID (that I know of) that doesn't have a description. Can't use a CAC as ID for notarial purposes in California. Among other elements, it doesn't contain a signature.
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Reply by Belinda/CA on 12/5/12 12:47pm Msg #445614
I believe the only military IDs that contain all required
information are 1988 and prior. You'd need to check that out for yourself. The more current ones contain the info in a chip, which we cannot read.
If it does not work out for him to have ID it is sad. However, you cannot help everyone. They should have got their paperwork in order prior to his being so old and weak. However, with that said, it sounds like his ID will be an older ID. Have them read it to you over the phone before you make the trip.
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Reply by GOLDGIRL/CA on 12/5/12 12:53pm Msg #445616
Answer: CA allows military ID as long as it contains all the required elements: signature, physical description, photo, and identifying number, which in my experience with military IDs is unlikely, but ya never know.
It's also not an option that his daughter go to DMV to get a "current ID," because DMV takes weeks to issue these. Besides DMV will probably require your signer to appear in person since the DL is expired. (Actually, I did see recently a paper extension of a DL that had all the required elements, photo included!) So your signer could call DMV and see how all this might work out. Still, he would have to make an appt (weeks out) or be prepared to wait hours in the DMV office to get this done.
Other possibilities: use two credible identifying witnesses. Refer to the handbook about how this might work for you.
Also, double check his expired DL for the date it was issued. If it was issued within the last 5 years (high unlikely) you're good to go.
Did you ask if he had a passport?
Anyway, you need to go to the SOS Web-site first thing, download a copy of the handbook, print , read and keep handy. Or ask them to mail you a handbook. And BTW, for the NNA to give you the answer they did is just ridiculous. You can only rely on your handbook for answers if you're going to be a practicing notary ... oh, and NR, too!
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Reply by Sha/CA on 12/5/12 2:13pm Msg #445622
Expired DL within 5 years will work for you, per SOS CA. n/m
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Reply by rengel/CA on 12/5/12 2:28pm Msg #445626
Not necessarily, Sha
Only if it has been ISSUED within 5 years, not expired within 5 yrs
"A. Paper Identification Documents – Identity of the signer can be established by the notary public’s reasonable reliance on the presentation of any one of the following documents, if the identification document is current or has been issued within five years (Civil Code section 1185(b)(3) & (4)):" 2012 CA notary public handbook Pg. 8
My .02
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Reply by Sha/CA on 12/5/12 2:51pm Msg #445628
Whoa, You're right Rengel. My bad. One word
can make all the difference. I guess I was seeing what I wanted to see and not what was correct. I checked before I posted, too! Maybe a senior moment, but never had the problem myself.
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Reply by rengel/CA on 12/5/12 3:28pm Msg #445636
Happens to all of us at some point..... n/m
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Reply by Bob_Chicago on 12/5/12 4:16pm Msg #445642
Understand that you are just following the laws of your
state, but it strikes me as ironic, that a document sufficient to grant access to a secure military facility , where nuclear weapons are stored, is not good enough to enable a NP to notarize an application for a dog license.
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Reply by Marian_in_CA on 12/5/12 4:39pm Msg #445645
Re: Understand that you are just following the laws of your
I have that problem constantly where I am... where the majority of people I see have a military ID card of some form, however, being California, most of them are pretty used to the fact that it's essentially useless to them except on base/post. There are some I can still use, especially the old retiree cards that don't have an expiration date, but I see very few any more. Most are the CACs with the chip that don't have the CA required elements.
The reasoning behind it is because we're supposed to be verifying their ID based on a description photo and signature...several points of reference...from a trusted source. When that trusted source decides to alter their IDs to the point that we can't use them for notarization purposes, it's too bad... but it is what it is.
Ironically enough, the required elements are not required for passports. Those we are allowed to take as face value provided they are valid.
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Reply by JustANotary on 12/5/12 4:45pm Msg #445648
Re: Understand that you are just following the laws of your
He had a military retirement ID card, and it did have physical description and all. Thanks everyone.
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Reply by VT_Syrup on 12/5/12 4:44pm Msg #445647
Re: Understand that you are just following the laws of your
Many IDs are less useful to notaries than to certain other public officials because unlike DMV clerks or law enforcement officers, we do not have access to the computer systems that will bring up lots of extra information that is associated with the ID.
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