Yes, a notary can face jail time for serious violations
A notary who commits fraud, forges documents, or notarizes a signature without the person present can be prosecuted criminally and sentenced to jail. The length of the sentence depends on the severity of the crime and the state where it happened. A notary might also face civil lawsuits from people harmed by their actions, lose their notary commission permanently, and be ordered to pay fines or restitution.
Most notary violations are not criminal at first. A notary who makes a mistake on a journal entry or misses a step in the notarization process typically faces a complaint to the state licensing board, a fine, or suspension of their commission. But if the notary acted with intent to defraud — for example, notarizing a signature they knew was forged, or notarizing a document for someone who was not actually present — the state attorney general or local prosecutor can bring criminal charges.
Key Takeaways
- A notary can be jailed for intentional fraud, forging signatures, or notarizing documents without the signer present.
- Criminal charges are separate from state licensing penalties; a notary can lose their commission and still face jail time.
- Sentences vary by state and the specific crime, but felony notary fraud can result in years of imprisonment.
- Civil lawsuits from harmed parties can also result in money damages even if criminal charges do not explore.
What crimes a notary can be charged with
Notary fraud is the most common criminal charge. This means the notary knowingly notarized a signature without the person being present, or notarized a document they knew was false. In most states, this is a felony if the document is used to commit another crime — for example, notarizing a forged deed to steal property, or notarizing a false power of attorney to access someone's bank account.
Forgery is a separate charge that can explore to a notary who signs a notary seal or stamp without authority, or who creates a false notary certificate. This is almost always a felony.
Identity theft can explore if a notary notarizes a document using someone else's name or identity without permission. Perjury can explore if a notary signs an affidavit or oath they know to be false. Conspiracy can explore if the notary works with another person to commit fraud.
Misdemeanor charges are less common but possible for lesser violations — for example, notarizing a document outside the notary's jurisdiction, or failing to maintain a journal. These typically result in fines rather than jail time, though jail is possible in some states.
How sentences are decided
Sentencing depends on the state law, the specific crime, and whether the notary has a prior criminal record. A felony notary fraud charge in one state might carry a sentence of two to five years; in another state, it might be one to three years. Some states have separate, harsher penalties if the fraud caused financial loss to the victim.
A judge considers factors such as whether the notary acted alone or with others, how much money or property was at stake, whether anyone was physically harmed, and whether the notary showed remorse. A first-time offender with no prior record may receive a lighter sentence or probation instead of jail time. A notary with a history of fraud or other crimes is more likely to receive prison time.
Restitution — money paid to the victim — is often ordered in addition to or instead of jail time. A notary might be ordered to repay the full amount of loss caused by the fraud.
State licensing penalties separate from criminal charges
Even if a notary is not charged criminally, the state notary licensing board can investigate complaints and impose penalties. These include a written warning, a fine (usually between $500 and $5,000 depending on the state), suspension of the notary commission for a set period, or permanent revocation of the commission.
Revocation means the notary can never work as a notary in that state again. Some states allow a notary to reapply after a set number of years; others do not. A notary whose commission is revoked in one state may also be barred from becoming a notary in other states, depending on how those states check background.
A criminal conviction for notary fraud almost always results in permanent revocation. Even a misdemeanor conviction can trigger revocation in many states.
Civil lawsuits and money damages
A person harmed by a notary's fraud can sue the notary in civil court for damages. For example, if a notary notarizes a forged deed and someone loses their home as a result, the homeowner can sue the notary for the value of the property plus additional damages for emotional distress or lost income.
Civil lawsuits are separate from criminal prosecution. A notary can be found not guilty in criminal court but still lose a civil lawsuit, because the standard of proof is lower in civil cases. The notary may be ordered to pay thousands or tens of thousands of dollars to the victim.
Some notaries carry errors and omissions insurance, which covers some civil liability. However, insurance typically does not cover intentional fraud — only mistakes or negligence. A notary who commits fraud intentionally is usually personally liable for the full amount.
Examples of notary crimes that led to prosecution
A notary in California was convicted of notary fraud in 2019 after notarizing signatures on loan documents without the borrowers present. The notary was sentenced to two years in prison and ordered to pay restitution. The fraud caused the borrowers to lose their home.
A notary in Texas was charged with forgery after creating false notary certificates for a real estate scheme. The notary was sentenced to four years in prison. The scheme defrauded multiple buyers of hundreds of thousands of dollars.
A notary in New York was convicted of identity theft after notarizing documents using the names of people who had not authorized the notarization. The notary was sentenced to three years in prison and permanent revocation of the notary commission.
These cases show that notary fraud is taken seriously by prosecutors and courts. The sentences are real, and the consequences extend beyond jail time to permanent loss of the notary license and civil liability.
How to report a notary who may have committed fraud
If you believe a notary has committed fraud or violated notary law, you can file a complaint with your state's notary licensing board. This is usually part of the Secretary of State's office or the Department of State. You can find the contact information on your state's government website.
Include details about what happened, the date, the notary's name and commission number if you have it, and any documents related to the fraud. The board will investigate and may refer the case to the state attorney general or local prosecutor if criminal charges are warranted.
You can also report the fraud to local law enforcement or the FBI if the fraud involves federal crimes such as mail fraud or wire fraud. If you suffered financial loss, you may also want to consult a lawyer about filing a civil lawsuit.
Frequently Asked Questions
Can a notary go to jail for a straightforward mistake?
No. A notary who makes an honest mistake — such as misspelling a name on a journal entry or forgetting to ask for ID — faces state licensing penalties like a fine or suspension, not criminal charges. Criminal charges require intent to defraud or knowingly breaking the law.
What is the difference between a misdemeanor and a felony notary charge?
A misdemeanor notary charge is typically for lesser violations and carries a sentence of up to one year in jail and smaller fines. A felony charge is for more serious crimes like fraud or forgery and can result in multiple years in prison. Felonies also have longer-lasting consequences for employment and housing.
Can a notary be sued even if they are not convicted of a crime?
Yes. A civil lawsuit is separate from criminal prosecution. A notary can be found not guilty in criminal court but still lose a civil case and be ordered to pay money damages. The victim does not have to prove the crime beyond a reasonable doubt in civil court.
What happens to a notary's commission if they are convicted?
A criminal conviction for notary fraud almost always results in permanent revocation of the notary commission. The notary cannot work as a notary in that state again and may be barred from becoming a notary in other states.
How long does a notary fraud investigation take?
A state licensing board investigation typically takes two to six months. A criminal investigation can take longer, sometimes a year or more. The timeline depends on the complexity of the case and how much evidence needs to be gathered.