Posted by Linda Juenger on 4/18/13 9:44am
Msg #466184

Expired DL/ Military Personnel in IL

I know this has been discussed many times but wanted to share what the IL SOS told me yesterday. Had a signing where the DL is expired in the state of WV. Expired 15 yrs ago. Photo did not match as he was much younger then and it was also a "side" profile pic, not straight on. Signature looked ok, but a bit different. Borrower told me the state of WV accepts this as long as he is active military. He pulled up WV DMV website and showed me. He also showed me his Military ID, which does not have a signature.
I felt pretty uneasy with this one, but went ahead and did it using the 2 ID's. But, it bothered me so I called the SOS. In speaking with her, she said it was ok to use 2 ID's although that is not stated in the handbook. She proceeded to tell me that IL is not their home state and its ok to accept expired DL for active military. Then we got to talking and I told her that this particular person OWNS a home in IL. She said "whoa", if they OWN a home in IL, that means they LIVE here and an expired DL cannot be used. They must get a valid DL or State ID card. This is an entirely different scenario. If they lived on base housing, rented that is different. The were refi ing the home they live in and that home is in IL. This puts a whole different spin on this. I requested a written statement saying this and have not received it yet.

Reply by CopperheadVA on 4/18/13 9:58am
Msg #466191

I don't know all the rules but it is very common here in VA for military personnel to own a home here in VA but to have their official state of residence somewhere else - that's the state where their cars are registered and their drivers license is issued from. My military neighbors owned the house next door to me for six years but their cars were registered with North Dakota license plates.

Reply by Darlin_AL on 4/18/13 10:13am
Msg #466195

Copperhead--I bet their plates are current! n/m

Reply by CopperheadVA on 4/18/13 10:20am
Msg #466198

Yes the plates were kept current w/North Dakota registration n/m

Reply by Darlin_AL on 4/18/13 10:12am
Msg #466193

Back in the pre-Columbian period, my husband was in the military & we moved every year to another state, or overseas. (he was popular & everyone wanted him!) At that time, 1960-70's, each state we were in required a valid DL. No, they didn't expect you to pop for a new DL when you were stationed there by the military--but if your DL expired while you were in the state you could either get one of theirs or go to whatever state & get a current DL. This is just plan common sense; only if the person claims they had not driven since the DL expired, would it pass the sniff test.
IF you are in IL, follow the IL law as it pertains to the validity of ID's. What the individual claims in WV law does not apply when you are notarizing in IL.....a loan for his residence?
Also, who you were working for might have wanted a phone call for approval to use the "fuzzy" ID. If no provided #'s answered you call, then you should email your client to let them check, before the package gets there. That way, you are covered as to reporting it--if it was a mistake on your part--make an email record for your protection.
My military ID has an expiration date. Was his current? Was it an actual military id, or a VA id? They are quite a bit different.

Reply by Notarysigner on 4/18/13 10:34am
Msg #466202

Linda, maybe this will help

http://www.uscg.mil/d9/D9Legal/Driver_License.pdf

West Virginia Yes Extended to six months after discharge; member and family
members may renew by mail

Yes, valid home state license honored if home state registration is also maintained

According to this info, I wouldn't have done it because they could have renewed by mail. IMO

Reply by Priscilla Witman on 4/18/13 11:22am
Msg #466211

I recently asked the CA SOS about this.

I live and work in a town with a military base. About 25% of the base employees are active duty. I have come across the expired DL thing several times, because each state has its own provisions on active duty members and DL renewals. Thankfully, each person carrying an otherwise-expired DL had a passport I could use instead to qualify the satisfactory evidence requirement for ID for notarial purposes. But, I'd seen it enough to be curious of CA's take on this.

Verbatim, from the CA SOS's response:

Thank you for your inquiry.

California Civil Code section 1185(b)(3) states that an identification card or driver's license issued by the Department of Motor Vehicles is acceptable identification providing the identification is current or has been issued within five years. There is no provision in the statute regarding the extension of the expiration date that is often associated with active duty military members.

Civil Code section 1185 can be found on page 41 of the 2013 notary public handbook located on our website at www.sos.ca.gov/business/notary/handbook.htm.

So, according to California, an expired DL, regardless of military status, is unacceptable as ID for notarial purposes unless it had also been issued within the previous five years.

I'm not saying this applies to any state other than CA, but I thought I'd share anyway.

Reply by Notarysigner on 4/18/13 11:24am
Msg #466212

Re: I recently asked the CA SOS about this.

Yes, that's because we're allowed to renew by mail so there is really no excuse to not renew.

Reply by Priscilla Witman on 4/18/13 11:27am
Msg #466213

What I was getting at was accepting any expired DL from any

state. I've seen a lot of expired out-of-state DLs from active duty customers, both for GNW and loan signings. Never seen an expired CA DL, at least not from active duty. According to CA, it's a no-can-do.

Reply by ToniK on 4/18/13 10:40am
Msg #466205

I had a similar situation. I just used his current passport.

Reply by Paul_IL on 4/18/13 1:40pm
Msg #466233

Technically their state of residence is the state they lived in when joining the military and this aside his Valid Military ID meets the requirements for ID and the drivers license was not necessary.

Reply by Linda_H/FL on 4/18/13 2:20pm
Msg #466244

She said his military ID did not contain a signature

Isn't that a requirement of adequate ID in IL? The ID must contain a photo and a signature?

Reply by Linda Juenger on 4/18/13 2:30pm
Msg #466245

That's correct Linda. The military ID does NOT have a sig

which is required by IL. Cannot use it.