Most notaries who have their commissions suspended or revoked didn't set out to break the law. They weren't running a fraud operation. They weren't deliberately flouting the rules. In the vast majority of cases, they simply didn't know a rule existed, or they thought an exception applied when it didn't, or they got sloppy with a procedure they'd grown too comfortable with.
That's cold comfort if it's your commission on the line. A suspension or revocation doesn't just end your ability to notarize documents—it can appear on your professional record, complicate future licensing applications, and in serious cases, expose you to civil liability or criminal penalties. The stakes are real.
The good news is that most of the mistakes that get notaries in trouble are entirely preventable once you know what they are. Here are the seven most common errors, why they happen, and what you need to do differently.
1. Notarizing Without the Signer Present
This is the number one cause of notary complaints and disciplinary action, and it happens more often than you'd expect. A client calls and says their spouse already signed the document at home—can they just drop it off? Or a business owner asks you to notarize their assistant's signature on a document they've already sent back. Or someone faxes or emails you a signed document and asks you to stamp it.
The answer to all of these is no. For traditional in-person notarizations, the signer must appear before the notary at the time of the notarization. Full stop. This isn't a technicality—it's the entire point of having a notary. A notarization without personal appearance is fraudulent, regardless of how reasonable the client's explanation sounds.
If a client needs a document notarized but can't physically appear, the solution is either remote online notarization (if your state authorizes it) or finding a notary who can travel to wherever the signer is located. It is never appropriate to complete the notarial certificate for a signer who wasn't there. If you notarize a document for someone you didn't personally observe, you are making a false statement in your official capacity—which is a crime in most states.
2. Accepting Unacceptable Identification
Every state has specific rules about what forms of identification a notary may accept. Most accept current government-issued photo ID like a driver's license or passport. Some accept military IDs, resident alien cards, or state ID cards. Some do not accept expired IDs under any circumstances; others allow recently expired IDs under limited conditions. Some allow credible witnesses to vouch for a signer's identity under specific procedures.
The mistake notaries make is improvising. Someone shows up with a student ID, a company badge, or a credit card with their name on it and says that's all they have. The notary, not wanting to turn the person away, decides it's "close enough." It isn't. If the identification isn't on your state's approved list, you must decline the notarization and tell the signer what ID they need to bring.
Accepting invalid identification is especially dangerous because it undermines the entire purpose of the notarization. If someone presents a fake or borrowed ID and you notarize their fraudulent signature, you've potentially facilitated a crime. Your notarial seal on the document gives it credibility it doesn't deserve. Know your state's approved ID list and don't deviate from it.
3. Notarizing Documents with Blank Spaces
Clients will sometimes ask you to notarize a document that has blank spaces, explaining that they'll fill in the details later or that the blanks aren't relevant to the purpose of the notarization. This is not acceptable, and you must decline.
When you notarize a document, your seal and signature attest that the document existed in its current form at the time you witnessed and certified it. If the document later has information added in those blank spaces, the notarization effectively covers content that you never saw. This creates enormous potential for fraud. Someone could complete blank spaces in ways that are inconsistent with the signer's intentions, then use your notarial seal as evidence that the completed document was properly witnessed.
The only exceptions are blanks that are clearly not applicable to the transaction, which should be marked "N/A" or struck through—not left genuinely empty. If a client insists that blanks are fine, that's a warning sign, not a reassurance. Insist that all blanks be properly completed or marked before you proceed.
4. Notarizing When You Have a Financial Interest
A notary must be an impartial, disinterested witness. If you have a direct financial interest in a transaction, you are not impartial and you should not notarize documents related to that transaction. This seems obvious in extreme cases—you wouldn't notarize a deed that transfers property to you. But the rule applies to subtler situations too.
If you're a real estate agent and you notarize documents in a transaction where you're earning a commission, that's a problem. If you're an employee notarizing documents that directly benefit your employer in a transaction involving the business's assets, that may be problematic depending on your state's rules. Many states specifically prohibit notarizing for a spouse or parent because of the presumption of shared financial interest.
When in doubt, don't notarize it. The downside of declining a notarization you were technically allowed to perform is minimal. The downside of notarizing when you had a conflict of interest—and having that document later challenged—is significant. Refer the client to another notary.
5. Failing to Maintain Proper Journal Records
In states that require a notary journal, failing to maintain it properly is a common disciplinary issue. This includes not recording every notarial act, recording incomplete information, allowing others to access the journal unsupervised, failing to secure the journal properly, or—perhaps most commonly—losing the journal or failing to retain it for the required period after the commission ends.
Journals exist for a reason: they're the contemporaneous record of your notarial acts that can be examined if a document is later challenged. If someone claims they never signed a document, or that the notarization was improperly performed, your journal entry is the primary evidence of what actually happened. A journal with missing entries, sloppy recordkeeping, or an entry that doesn't match the document being challenged creates serious problems for you.
Treat your journal as the most important document in your notary practice. Record every act completely and immediately. Keep it secured when not in use. Never let a client or employer access it without supervision. And when your commission ends, follow your state's rules about what to do with the journal—some states require delivery to the county clerk's office, and failing to do so is itself a violation.
6. Practicing Law Without a License
This is a mistake that well-intentioned notaries make because they want to be helpful. A client asks, "What does this clause mean?" or "Should I sign this?" or "Do I need a notarization for this?" and the notary tries to answer. They're being helpful. They're also potentially committing unauthorized practice of law, which is a criminal offense in every state.
A notary may explain what a notarial act involves—what an acknowledgment is, what a jurat requires—but may not interpret the legal content of a document, advise on whether a particular document will accomplish a legal goal, or tell a signer whether they should or shouldn't sign. These are legal questions that require a licensed attorney.
The correct response when a client asks a legal question is: "I'm not able to give you legal advice about this document. You should speak with an attorney if you have questions about the legal content." Say it warmly, say it clearly, and say it consistently. This is especially important for notaries who do a lot of estate planning documents, immigration paperwork, or real estate transactions, where clients are often anxious and looking for reassurance.
7. Ignoring Your Commission Expiration Date
Notary commissions expire, and performing a notarial act after your commission has expired is a violation—even if you've already submitted your renewal application. Until you receive your new commission, you cannot perform notarizations. Your seal is invalid, your notarial certificate means nothing, and any documents you notarize after expiration are unenforceable.
This happens because the renewal process takes time, and notaries who let their renewal slide to the last minute sometimes find themselves in a gap between when their old commission expires and when the new one is issued. Start your renewal process at least 60 to 90 days before your commission expiration date. Know when you're legally permitted to start using your new commission—typically upon receipt of the new certificate after completing all required steps, not upon submission of the application.
Similarly, your notary seal must reflect your current commission information. Using an old seal after renewing your commission—even if the notary is the same person—is improper. When you receive your renewed commission, order a new seal with the correct commission information.
The theme running through all seven of these mistakes is the same: the rules exist for a reason, and they apply even when it's inconvenient, even when the client is frustrated, and even when you personally believe an exception would be harmless. A notary who bends the rules "just this once" for a sympathetic situation is one complaint away from a disciplinary proceeding. Know the rules, follow them precisely, and when you're not sure, decline and refer to someone who can help. Your commission is too hard-earned to risk on a shortcut.
More guides for practicing notaries
Mobile Notary vs. Loan Signing Agent: What's the Difference and Which One Pays More?
Both career paths start with the same notary commission, but one routinely earns $75–$150 per appointment. Here's what separates them—and which one is right for you.
How to Pass the California Notary Exam on Your First Try (2026 Tips)
Proven strategies to pass the California notary exam on your first attempt. Study plan, high-weight topics, must-memorize numbers, practice exam tips, and common mistakes to avoid.
How to Pass Your State Notary Exam on the First Try
Most people who fail the notary exam aren't unprepared—they studied the wrong things. Here's what actually shows up on the test, and the exact strategy to pass it.