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Misdeeds That Can Send Texas Notaries to Jail

“The slammer.”  “The can.”  “The clink.”  “The pokey.”

A Texas notary public learns many terms and definitions in the course of obtaining their commission or appointment, and studying the laws and administrative rules they are required to follow.

Some notaries, unfortunately, know all too well what the four terms above stand for:  jail.

Your responsibilities as a commissioned notary are serious, and demand strict compliance with your state laws and regulations.  Just like civilian crimes and their outcomes, notary law violations can have varied outcomes and punishments, depending on the notary’s commissioning state. 

Many notary misdeeds—which are often unintended mistakes or oversights made by the guilty notary—result in administrative actions such as official reprimands.  Other notary misdeeds, however, are so serious that the offending notary can be suspended, lose their commission, suffer a fine, or… serve jail time.

For example, consider these common notary misdeeds that could—or will—send a guilty Texas notary to jail:

  1. Advertising the services of a Texas notary public in a language other than English (Class A misdemeanor).
  2. Stating or even implying that the notary is an attorney licensed to practice law in Texas, when they are not (Class A misdemeanor).
  3. Using the phrase “notario” or “notario publico” to advertise Texas notary public services (applicable to virtually any means of advertising such as radio, television, the written word, etc.; Class A misdemeanor).

While some violations of notary law should be engrained in every notary’s mind (never notarize without requiring the personal presence of the principal; never fail to complete a notarial certificate when notarizing a signature; never fail to make required journal entries, etc.), don’t neglect regularly reviewing your state’s notary statutes, and any administrative rules, for less familiar requirements and prohibitions.  It’s up to YOU to stay mindful of violations you may not intend to commit, but that can result in significant trouble—including jail time.


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Category: Notary Blog