All applicants must disclose on their application
any arrests for which trial is pending, as well as,
all convictions. An applicant should not attempt to
determine which convictions should be disclosed,
and should include all convictions, including
DUIs (Driving under the Inuence). Failure to
disclose any conviction may result in the Secretary
of State seeking a denial of the application under
Government Code section 8214.1(a). Convictions
dismissed under Penal Code section 1203.4 or
1203.4a also must be disclosed. A conviction after a
plea of nolo contendere is deemed to be a conviction
and must be disclosed on the application.
The only exceptions to disclosure are trafc
infractions, offenses adjudicated in a juvenile court
or under a youthful offender law, and any incident
that has been sealed under Welfare and Institutions
Code section 781 or penal Code section 1203.45
(juvenile offenses).
Not all convictions are disqualifying. The
qualifications summary on our website at
www.sos.ca.gov/notary/qualifications and the
disciplinary guidelines at www.sos.ca.gov/notary/
disciplinary-guidelines are helpful references for all
notary public applicants.
Government, businesses, and the public depend on
the integrity of notaries public. Character is germane
to the qualications of the ofce of a notary public,
given the nature of the duties and responsibilities.
Good character is the foundation of all notarial acts.
A notary public may notarize the signature on a
document affecting the immigration or citizenship
status of any person; however, under current law,
a notary public who is not also an immigration
consultant cannot do the verication tasks in
connection with completing immigration forms
because this activity is prohibited by the broad
language of California Government Code section
8223. Only an attorney, a representative accredited
by the U.S. Department of Justice, or a person who
is registered by the California Secretary of State
and bonded as an immigration consultant under the
California Business and Professions Code section
22441 may assist a client in completing immigration
forms. Additional information concerning
immigration consultants, including the offering
of non-legal assistance or advice on immigration
matters, the qualications to act as an immigration
consultant and the requirements of an immigration
consultant can be found in California Business and
Professions Code section 22440 et seq.
The I-9 Federal Employment Verication Form is an
immigration document in that it covers both citizens
and noncitizens and also requires the employer or
employer’s authorized representative to record and
verify data. The duties of an immigration consultant
cover these tasks too. Even if a notary public is
functioning in a non-notarial capacity and does not
use the phrase “notary public,” a notary public who is
not also an immigration consultant is prohibited from
completing the I-9 Federal Employment Verication
Form.
A notary public acting only in the capacity of a notary
public may notarize the signature(s) on the I-9 Federal
Employment Verication Form. Unless a notary
public also is qualied and bonded as an immigration
consultant, a notary public cannot enter data provided
by a customer on an immigration form, cannot sign
the verication of that data, and cannot otherwise
provide the services of an immigration consultant.
There are special rules that apply to notaries public
IMMIGRATION DOCUMENTS
7
California Secretary of State