Notary Public Underwriters Blog
Notary Misdeeds That Can Send You to Jail in Arkansas
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- Published: February 6, 2026
Although notaries in Arkansas are trusted to perform honest, accurate, and lawful notarial acts, this trust carries legal obligations. While most notaries do their best to follow the rules, even a small mistake can carry serious consequences.
In fact, some violations of Arkansas notary law are classified as Class A misdemeanors, which means jail time is a very real possibility.
Yes, Notaries in Arkansas Can Face Jail Time
If you’re a commissioned Arkansas notary public, be aware of these violations that could result in criminal charges (Class A misdemeanors):
- Witnessing (notarizing) a signature on any instrument unless the notary personally knows the present signer’s identity; or
- Witnessing (notarizing) a signature on any instrument unless the notary recognizes the signer’s signature by virtue of familiarity with the signature; or
- Notarizing on the basis of “personally knowing” the present individual, when the notary has not yet become acquainted with the individual from associating with them enough to have at least a reasonable certainty of the individual’s identity.
What Does “Personally Knowing” Really Mean in Arkansas?
Arkansas defines personal knowledge as having an acquaintance, which establishes the individual's identity with at least a reasonable certainty.
In other words, you need to be familiar with someone through enough prior interaction that you can confidently identify them without ID. Simply recognizing their face from social media or saying hello once at the store doesn’t qualify.
When in doubt, ask for a valid ID or refuse to proceed.
How to Protect Yourself
- If you’re ever unsure about a signer’s identity, ask for valid ID—no exceptions.
- Avoid shortcuts, even if the person seems familiar. “Sort of” knowing someone isn’t enough under Arkansas law.
- And if anyone pressures you to skip steps, stand firm. Your commission (and your record) are worth protecting.
Being a Notary Means Being Cautious
Mistakes don’t always come from bad intentions—but the law doesn’t excuse them. In Arkansas, the rules around verifying identity are strict for a reason. Take the time to follow proper procedures every time.
Know the law. Follow it closely. And avoid turning a well-meaning mistake into a criminal charge.
Why a Notary Record Book Matters More Than Ever
In situations where a signer’s identity might later be questioned, a well-maintained notary record book can be one of your best defenses. While Arkansas doesn’t currently require notaries to keep a journal, doing so voluntarily adds a layer of protection.
By documenting each notarial act—including how you verified a signer’s identity—you create a clear record that can support your case if your actions are ever called into question. It’s a simple habit that can help prove you acted responsibly and in good faith.
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