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What’s the Difference Between a Certified Copy and an Attested Copy?

At first glance, certified copy and attested copy may sound like two ways of saying the same thing. But for notaries, mixing these two terms up isn’t just a vocabulary slip, it can mean serious consequences.

Why the Confusion Exists

The terms "certified copy" and "attested copy" sound similar, and in casual conversation they're often used as if they mean the same thing. Even some document requesters use them interchangeably, without realizing there’s a distinction.

But for notaries, that difference is exactly what defines what you’re allowed, and not allowed, to do.

What Is a Certified Copy?

A certified copy is an official reproduction of a public or vital record: think birth certificates, death certificates, marriage records, or divorce decrees. These documents generally live with government agencies, and only the official custodian of that record (typically a clerk of court or vital records office) is legally authorized to produce and certify a copy of it.

What Is an Attested Copy?

An attested copy, also known as copy certification, is different. In states that authorize this notarial act, a notary can make a copy of the original document, or witness the copy being made, and certify that the copy is a true and accurate reproduction of the original.

This is a legitimate and useful notarial service, but it comes with strict rules about which documents qualify. Not every document can have an attested copy made from it, and the rules vary by state.

So, if someone brings you a document and asks you to "certify" a copy of it, you have to consider what kind of document it is and whether the law gives you authority to certify a copy of that particular record.

Rules Notaries Must Follow for Attested Copies

If your state authorizes you to make attested copies, there are several important restrictions you must keep in mind.

  • Never attest a copy of a copy. In most states, an attested copy can only be made from the original document. If a person brings you a photocopy and asks you to attest it, you must decline.
  • Never attest from a certified copy.  If a person wants an additional copy of a public or vital record, they must request a new certified copy from the official custodian, not obtain an attested copy from a notary.
  • Never attest school records or transcripts. Academic records fall under the specific authority of the school's registrar. A notary has no authority to attest these documents. Students who need copies of their transcripts should contact their school directly.

What to Do When You’re Not Sure

This is one of those situations where taking an extra minute to check the rules can save you from performing an unauthorized notarial act. If you’re unsure whether a particular document is eligible under your state's laws, do not proceed. Instead:

  • Look up your state's notary statutes or administrative code for guidance on copy certification/attested copies.
  • Contact your state's commissioning authority for clarification.
  • Advise the signer to consult the issuing agency or institution directly if the document may have a designated custodian.

It is always better to pause and verify than to perform a notarial act incorrectly.

Know Your Lane as a Notary

Certified copies and attested copies may sound alike, but they serve different purposes and come from different authorities. As a notary public, your role in copy certification/attested copy is limited — and clearly defined by your state's laws. Knowing the difference protects you, your signers, and the integrity of every document you notarize.

 


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Category: Notary Blog