A notary public is a state-appointed officer who is qualified to take depositions, witness and certify signatures, and certify to the genuineness of documents. Notaries play an important role in the legal system in Background Checks. They serve as impartial witnesses in transactions involving real estate, powers of attorney, affidavits, and financial agreements. Mobile Notaries extend that same function by bringing it directly to the client’s location.
The notary business is rapidly growing, and mobile notaries now have access to more sensitive documents than ever. States throughout the country have made efforts to improve the screening of all applicants. One of the most important conditions of that vetting procedure is the criminal background check. A notary public in Oklahoma City tells you which states in the United States require background checks of those who want to become mobile notaries. This blog explains the items those checks search for and how the necessity is there to safeguard the public.
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Why do states require Criminal Background Checks for Notary Applicants?
Criminal background checks are essential for states to keep their citizens safe from fraud and document abuse by requiring them of notary applicants. The notary’s official seal is a very important piece of information. It can verify a fake signature, confirm a fake power of attorney, or certify a falsified document.
A notary convicted of fraud or forgery poses an obvious danger to those for whom he or she notarizes documents. A history of identity theft results in the same risk. State licensing agencies will use background checks to know about those risks prior to issuing a commission.
With good reason, the mobile notaries are subject to an additional level of scrutiny. They invade homes, hospitals, care centers, and places of employment. They work with vulnerable individuals on a case-by-case basis, such as the elderly, hospital patients, or those facing active legal proceedings.
The Oklahoma City notary public routinely signs and oversees powers of attorney, real estate closing documents, and loan documents. These are among the most delicate transactions in an individual’s life. It’s reasonable and necessary to check the record of the notary.
Private investigators also use notarized documents in OKC legal cases. A notarized affidavit by a disqualified notary can be the downfall of a whole legal case! The same issue occurs if you aren’t performing it properly. Background check requirements are a safeguard for all documents in the legal chain.
A typical Notary Background Check will look for:
Requirements for background checks for notaries vary from State to State. Most background checks for notary licensing share the same basic categories of disqualifying behavior.
The disqualifying factor with the highest number of cases is felony convictions. The majority of states with background check laws automatically eliminate applicants with felony convictions. Certain states have a waiting period that is applicable for applying for a pardon to those applicants who have old felony convictions.
States treat fraud-related offenses harshly. Convictions for forgery, ID theft, wire fraud, document tampering, and financial crimes directly violate the trust a notary must hold. Most states make these convictions permanent, no matter how long ago they occurred.
Many state laws reference “crimes of moral turpitude” as a legal term. Offenses for which a lack of truth or honesty, or intentional injury to others, is the key element. Often in this category are perjury, embezzlement, and bribery.
In more rigorous states, recent misdemeanor convictions can also bar applicants from applying. Without a felony record, a theft conviction, an assault conviction, or a conviction for any crime related to fraud can result in a denial.
States use FBI fingerprint-based background checks and/or state-level criminal record searches (or both). The fingerprint information is more detailed, since it includes information from every State in the U.S.
What States do Notary Applicants Need to have Criminal Background Checks?
There is a great deal of variance in background check requirements by State. Below is a list of states that have known criminal background check laws in place for notary public applicants, as of the current state law.
States that require fingerprint criminal record checks.
All applicants for the new notary position in California must provide fingerprints for a LiveScan background check. The California Department of Justice and FBI conduct the check. The California notary laws are some of the most stringent in the nation.
Candidates are subject to a background check in Florida. Florida checks applicants’ criminal history. Florida notaries also have a $7500 surety bond.
Texas does not currently require fingerprint clearance, but does request that applicants fill out criminal history information on the application. Disclosed convictions are subject to a review by the State prior to issuance of a commission.
Arizona notary applicants must report any convictions for felony or conviction for moral turpitude. Applicants submit the disclosure to the Secretary of State as part of the application.
All applicants for a notary appointment in Hawaii must have a criminal history record check. Hawaii’s Notary Public Law requires that applicants not have any felony or dishonesty convictions.
The State of Louisiana has a written exam and background check for applicants to become commissioned as a notary public. Another civil law power that the Louisiana notary possesses and other states do not is to serve as an agent for the State.
All applicants must have their fingerprints taken and undergo a background check with the Nevada Department of Public Safety. Nevada also requires a $10,000 surety bond.
In New Mexico, a background check is part of the application process to become a notary. Applicants submit results to the New Mexico Secretary of State for a commission.
States that have Disclosure Requirements/Review Processes
Georgia requires individuals to reveal whether they have ever been convicted of a felony. The clerk of the Superior Court reviews those disclosures before issuing a commission.
Candidates applying for a license in Illinois must declare they have never been convicted of a felony. Denial and prosecution will be grounds for a false certificate on the application.
Indiana applicants must reveal criminal convictions. The Indiana Secretary of State considers those disclosures before issuing a commission.
Michigan applicants must declare that they have never been convicted of a felony. Additionally, Michigan notaries must have a $10,000 surety bond.
Missouri calls for revealing felony convictions. Conviction history may be a reason for the Secretary of State of Missouri to refuse an application.
New York notary public applicants must be free of any felony convictions, and apply to affirm this fact.
Applicants are subject to a background check by the Ohio Attorney General’s office in the State of Ohio. In addition, Ohio notaries must complete a training course.
The State of Oregon conducts a criminal background check on applicants. All commissioned notaries in Oregon must have errors and omissions insurance.
Pennsylvania requires background check disclosure and checks conviction history before issuing a commission.
Virginia is a state that has criminal conviction disclosures. Virginia circuit courts review applications locally and award commissions.
Washington applicants must state any criminal conviction for dishonesty. Applicants submit disclosures to the Washington Secretary of State along with their application.
Applicants for the office of notary in Wisconsin must undergo background checks. Before issuance of a commission, the Wisconsin Department of Financial Institutions will check a person’s criminal record.
What is Required of Applicants for Notary Public in Oklahoma?
At this time, there are no requirements for Oklahoma notary public applicants to obtain a fingerprint-based criminal background check. Applicants must go through the Oklahoma Secretary of State to apply for the State. Applicants must fill out the application, pay the fee, and obtain a notary bond.
Oklahoma notary bonds must be at least $1,000. A bond is a guarantee to the public that the notary will not be a cause of loss if his or her actions are misconduct or error.
The State of Oklahoma sets the age for becoming a notary at 18 years or older. Applicants must also be a legal citizen or reside or work in the State of Oklahoma. They must also read and write in English. The standard application doesn’t require a criminal history disclosure at this time.
Notaries in Oklahoma are subject to prosecution for any crime involving document fraud or identity theft. Misuse of the notary commission also means there are penalties. In Oklahoma City, a notary public who improperly uses his seal faces commission revocation and possible criminal charges.
In Oklahoma City, numerous professional notaries choose to go through background checks voluntarily to demonstrate their trustworthiness to customers. Private investigators in OKC who happen to also be notaries often make use of background verification as an advertising aspect. It demonstrates professionalism and instills trust in clients.
Nationally, there is an increasing number of background check requirements.
Nationwide, notary applicants are getting more and more interested in background checks. There are a number of reasons for that trend.
ROI has seen tremendous growth since 2020. To date, over 40 states have approved some type of RON service. RON platforms provide access to clients and across state lines for notaries. The wider reach is why it’s more important than ever to thoroughly vet.
Financial abuse of elderly people is a known issue and is increasing. Financial abuse is the most common type of elder abuse, according to the National Adult Protective Services Association. This category holds the biggest documented share across all U.S. states. Notaries who deal with elderly clients with powers of attorney, estate papers, and other documents are in a special position. They are able to sniff out financial abuse or deception in cases of financial dishonesty.
A true and recorded method for identity theft is by means of notarized documents. Fraudulent notarizations have transferred real estate, opened access to financial accounts, and established legal authority. The more stringent the background checks, the fewer applicants there are who may attempt to use the notary seal.
The fraudulent use of loan documents in real estate transactions has long been an issue. Lenders and homeowners lose millions of dollars annually when they are victims of mortgage fraud using fraudulent notarizations. Background checks are becoming a first line of defense against fraud for state licensing agencies.
An Oklahoma City notary public with this kind of background can be more knowledgeable and reliable. A notary that takes his or her job seriously is beneficial to the client.
What kind of risks does a mobile notary face as opposed to a regular notary?
A mobile notary has the same legal powers as a notary who works out of an office. The difference lies with the access – and access brings risk.
An OKC mobile notary goes to private homes, medical offices, law firms, and financial institutions. They work with original documents – not copies! They deal directly with individuals whose status is frequently compromised by legal or personal circumstances.
A regular notary who works behind a bank desk operates under supervision in a controlled environment. Norman, Oklahoma, has a mobile notary that works on their own. No one supervises those interactions. There is no CCTV of the signing table.
That independence is the reason why background checks are important for mobile notaries. There’s more trust that a client must place in a mobile notary than in any sort of supervised notarization.
The process server also holding a notary commission in OKC offers extra duty responsibility. Norman, Oklahoma, and Edmond, OK, process servers with both qualifications are subject to professional vetting through two separate vetting processes. That’s a double accountability that gives clients more confidence.
To check on a Notary Public’s credentials in Oklahoma City, please contact the Oklahoma Secretary of State.
It is easy to check on the notary public’s commission in Oklahoma. The Oklahoma Secretary of State provides a public notary search on its website at sos.ok.gov. The client can use the name or commission number of the Oklahoma notary to verify that the notary is active.
The client should personally inquire with the notary if he or she has had a voluntary background check. A professional OKC notary public will greet that question. If they are reluctant to answer, then that, by itself, is a red flag.
Inquire about the type of document (how many times has the notary seen this type?). The notary involved with real estate closings has another level of understanding of the requirements of loan packages. An affidavit officer does not necessarily have to be one who deals mainly with affidavits.
Determine if the notary has errors and omissions insurance. While the State of Oklahoma does not mandate E&O insurance for notaries, many do choose to get it. E&O coverage insures the client if, due to notary error, he or she performs the document incorrectly.
Private Investigators Oklahoma Edmond Notary Publics are likely to have E&O insurance. They include that coverage in their overall professional liability coverage. That protection means that clients have one person to deal with for investigations and one for document authentication issues.
Here are some frequently asked questions regarding Notary Background Checks:
Does Oklahoma require a background check for notary applicants?
No, Oklahoma currently requires no fingerprinting or criminal background check information with a notary public application. Applicants must satisfy age, residency, and bond requirements.
Which State has the Most Rigorous Notary Background Check Requirements?
California has the most stringent requirements for a background check for a notary. California requires applicants to submit a LiveScan fingerprint, which the FBI also scans.
Is it possible for a felon to be a notary public?
Most states with background check requirements prohibit applicants convicted of a felony from applying. Some states offer a waiting period or Certificate of Relief. Requirements differ from State to State.
What’s the benefit of hiring a mobile notary that has been background checked?
A background-checked mobile notary brings greater trustworthiness to every appointment. They are in your home and deal with your original legal documents. A simple due diligence exercise is to confirm their clean record.
Collaborate with a Notary Public who is well known to you in Oklahoma City.
Requiring applicants to pass a background check for the position of mobile notary is a commitment to public protection, which is a national objective. Document fraud, financial abuse, and identity crimes drive that commitment. Some states, such as California, Florida, Nevada, and Hawaii, require mandatory fingerprinting. Many other states run disclosure and review processes to screen applicants. The Oklahoma system of notaries is currently reliant on bond requirements and criminal statutes to make the notary responsible.
Our notaries public provide notary public services in Oklahoma City, OKC, Edmond, OK, and Norman, Oklahoma. We commit to delivering the best in professionalism and accountability on every assignment. We perform real estate closings, powers of attorney, affidavits, and loan document signings correctly and with care.
Call us at 435-8355(405) or email Makayla@ojpslegal.com to schedule a mobile notary appointment today.
