Criminal History on the Notary Application
Q: Would a person who has a misdemeanor on a criminal history background report be prohibited from becoming a notary public?
A: A misdemeanor would not necessarily prevent the individual from getting a notary commission in Pennsylvania. The Secretary of the Commonwealth, who is responsible for appointing notaries, considers other factors - such as when the misdemeanor charge occurred and the nature of the crime - in making a decision.
The Notary Public Law requires that the Secretary "shall be satisfied that the applicant is of good moral character, and is familiar with the duties and responsibilities of a notary public." The law also states "the applicant shall not ... have been convicted of or pled guilty or nolo contendere to a felony or a lesser offense incompatible with the duties of a notary public during the (5) year period preceding the date of the application."
A misdemeanor that occurred more than five years ago might not affect an application for commission; however, the Secretary has the power to reject any application from an individual "for good cause."
In 2010, the Secretary issued a Statement of Policy explaining, "... while a crime may not directly preclude an applicant from appointment and commission ... conviction of a crime or a lengthy criminal history may nonetheless call into question an applicant's moral character or integrity and thus be good cause for rejection of the application."
Crimes which affect moral character or integrity are crimes that involve dishonesty, falsehood and fraud. For example:
If the Secretary of the Commonwealth determines that the applicant has fulfilled the requirements set forth in the Notary Public Law and has the moral character and integrity to hold office, the applicant will be notified of his or her appointment.
The Statement of Policy is available online at: www.pacode.com/secure/data/004/chapter165/s165.1.html
A: A misdemeanor would not necessarily prevent the individual from getting a notary commission in Pennsylvania. The Secretary of the Commonwealth, who is responsible for appointing notaries, considers other factors - such as when the misdemeanor charge occurred and the nature of the crime - in making a decision.
The Notary Public Law requires that the Secretary "shall be satisfied that the applicant is of good moral character, and is familiar with the duties and responsibilities of a notary public." The law also states "the applicant shall not ... have been convicted of or pled guilty or nolo contendere to a felony or a lesser offense incompatible with the duties of a notary public during the (5) year period preceding the date of the application."
A misdemeanor that occurred more than five years ago might not affect an application for commission; however, the Secretary has the power to reject any application from an individual "for good cause."
In 2010, the Secretary issued a Statement of Policy explaining, "... while a crime may not directly preclude an applicant from appointment and commission ... conviction of a crime or a lengthy criminal history may nonetheless call into question an applicant's moral character or integrity and thus be good cause for rejection of the application."
Crimes which affect moral character or integrity are crimes that involve dishonesty, falsehood and fraud. For example:
- Forgery and fraudulent practices including bad checks, insurance fraud, and identity theft
- Bribery
- Theft, including receiving stolen property and retail theft
- Perjury, false swearing, unsworn falsification to authorities, and tampering with evidence
- Obstructing governmental operations
- Criminal conspiracy, if the underlying crime is considered to be incompatible with the duties of a notary public
If the Secretary of the Commonwealth determines that the applicant has fulfilled the requirements set forth in the Notary Public Law and has the moral character and integrity to hold office, the applicant will be notified of his or her appointment.
The Statement of Policy is available online at: www.pacode.com/secure/data/004/chapter165/s165.1.html
