California Notary Fines and Penalties: Civil, Felony, and Misdemeanor

California notary fines and penalties run on four tracks that can hit at the same time: civil fines up to $2,500 per violation, criminal charges ranging from misdemeanor to felony, suspension or revocation of the commission by the Secretary of State, and a claim against the notary’s $15,000 surety bond. The tier of civil fine depends on the type of violation and whether the notary acted willfully or negligently. The statutes say plainly that these remedies are not exclusive, so one act of misconduct can produce all four consequences.1California Legislative Information. California Government Code 8214.2

Civil Fine Tiers

California sorts civil penalties into three tiers under Government Code sections 8214.15 and 8214.23. Each fine is per violation, so repeated conduct across multiple notarizations multiplies quickly.

Up to $2,500: Missing Thumbprint on Real Property Documents

When notarizing a deed, quitclaim deed, deed of trust, power of attorney, or any other document affecting real property, the notary must obtain the signer’s right thumbprint in the journal. Failing to collect it carries a civil penalty of up to $2,500 per occurrence, whether the failure was intentional or careless.2California Secretary of State. California Notary Public Handbook – Section: Government Code 8214.23 The Secretary of State or a public prosecutor brings the action, and it is enforced as a civil judgment. This is the highest per-violation civil fine in the notary statutes.

Up to $1,500: Willful Misconduct

Intentional wrongdoing draws civil penalties up to $1,500 per violation. The statute covers:3California Legislative Information. California Government Code 8214.15

  • Executing a notarial certificate containing a statement the notary knows to be false, such as confirming identity without verifying it.
  • Any act of dishonesty, fraud, or deceit intended to benefit the notary or harm someone else.
  • False or misleading advertising that overstates the notary’s powers or privileges.
  • Willfully failing to discharge notarial duties.
  • Violating the foreign-language advertising rules covered below.

The line between this tier and the $750 tier often comes down to intent. The same underlying duty triggers the $1,500 fine when the failure is willful and the $750 fine when it is merely negligent.

Up to $750: Negligence and Procedural Errors

Careless errors draw civil penalties up to $750 per violation:3California Legislative Information. California Government Code 8214.15

  • Charging more than the statutory maximum fee.
  • Failing to complete the acknowledgment at the time of signing and sealing.
  • Failing to administer the required oath or affirmation for a jurat or similar document.
  • Any other negligent failure to discharge a notarial duty.

These read like paperwork issues, but they are the violations the Secretary of State sees most often, and the per-violation structure means fines accumulate fast across a stack of transactions.

Felony Exposure

The most serious notary crime in California targets real estate fraud. A notary who knowingly performs a notarial act on a deed of trust affecting a single-family residence of up to four units, knowing the document is forged or contains false statements, commits a felony.1California Legislative Information. California Government Code 8214.2 Conviction carries state prison time, and the civil penalty applies on top of the criminal sentence.

Forgery, identity theft, and grand theft committed through the notarial role can also draw felony charges. A conviction for any of these is automatic grounds for the Secretary of State to revoke the commission.4California Legislative Information. California Government Code 8214.1

Misdemeanor Exposure

Willfully failing to perform any duty required by the journal statute, willfully failing to keep the seal under direct and exclusive control, or giving the seal to someone not authorized to have it is a misdemeanor.5California Legislative Information. California Government Code 8228.1 The statute of limitations runs four years from the date the violation is discovered or completed, whichever is later.

Anyone who knowingly destroys, defaces, or conceals records or papers belonging to a notary’s office is guilty of a misdemeanor and is also civilly liable to anyone harmed by the destruction.6California Secretary of State. California Notary Public Handbook 2022 – Section: Government Code 8221 That provision reaches third parties, so an employer who destroys a notary employee’s journal has criminal exposure too.

The journal must be kept in a locked and secured area under the notary’s direct and exclusive control at all times. Failing to secure it is administrative grounds for action against the commission on its own.7California Secretary of State. California Notary Public Handbook 2022 – Section: Government Code 8206

“Notario” and Foreign-Language Advertising

California prohibits translating “Notary Public” into “Notario Publico” or “Notario” in any context, because in many Latin American countries a notario publico is a licensed legal professional with far broader authority than an American notary.8California Legislative Information. California Government Code 8219.5

A non-attorney notary advertising services in a language other than English must post a notice, in English and in the other language, stating that the notary is not an attorney and cannot give legal advice on immigration or any other legal matter, along with the fees allowed by law.9California Secretary of State. California Notary Public Handbook 2025 – Section: Government Code 8219.5 A single desk plaque is exempt. Signs, flyers, and websites are not.

Penalties here are unusually severe. A first violation of either the “Notario” prohibition or the notice requirement triggers mandatory suspension of at least one year or outright revocation. A second violation is permanent revocation, with no discretion for the Secretary of State to soften the sanction.8California Legislative Information. California Government Code 8219.5 A civil penalty of up to $1,500 applies on top.3California Legislative Information. California Government Code 8214.15

Unauthorized Practice of Law

Giving legal advice, preparing legal documents beyond filling in notarial certificates, or holding oneself out as qualified to handle legal matters is the unauthorized practice of law. It is standalone grounds for revoking or suspending a notary commission.4California Legislative Information. California Government Code 8214.1

A first conviction is a misdemeanor punishable by up to one year in county jail, a fine up to $1,000, or both. A second conviction carries a mandatory minimum of 90 days in jail, and the court must state its reasons on the record if it imposes less.10California Legislative Information. California Business and Professions Code 6126

This most often surfaces in immigration work, where non-attorney notaries advise clients on visas, asylum paperwork, or green card petitions. Telling a client which form to file, how to answer a question, or which documents to submit crosses from notarial services into legal advice. Notarize the signature and say nothing about the substance.

Losing the Commission

The Secretary of State can refuse to appoint, suspend, or permanently revoke a notary commission regardless of whether any civil fine or criminal charge is pursued. Grounds include:4California Legislative Information. California Government Code 8214.1

  • A substantial and material misstatement or omission on the notary application.
  • A felony conviction, a lesser offense involving moral turpitude, or any offense incompatible with notary duties. A no-contest plea counts.
  • Revocation or suspension of another professional license for misconduct based on dishonesty.
  • Failure to fully and faithfully discharge notarial duties.
  • Civil liability based on fraud, misrepresentation, or violation of state regulatory law.
  • Practicing law without a State Bar license.
  • Failure to pay amounts owed to the Secretary of State or to satisfy a court-ordered money judgment, including restitution.
  • Failing to secure the journal or seal, or willfully failing to report their theft or loss.

Suspension pauses the authority to notarize; revocation ends it permanently. Performing any notarial act while suspended or revoked adds fresh criminal exposure.

Surety Bond Claims

Every California notary must carry a $15,000 surety bond for the four-year commission term. The bond protects the public, not the notary. If a notary’s error or misconduct causes financial harm, the injured party files a claim against the bond.

The bond company pays the claim, then seeks reimbursement from the notary. The bond functions as a guaranteed loan, not as insurance. A $12,000 payout on the bond becomes a $12,000 debt back to the surety, and the notary still needs to buy a replacement bond, typically at a much higher premium, to keep practicing.

Errors and omissions insurance is a separate product that pays defense costs and covered damages without a right of reimbursement against the notary. E&O coverage is optional in California but worth weighing for anyone handling real estate closings, where a single mistake can generate liability well past the $15,000 bond limit.

How the Penalties Stack

One act of misconduct can produce all four consequences at once: a civil penalty under Government Code 8214.15 or 8214.23, a criminal prosecution, administrative suspension or revocation, and a bond claim by the person harmed. The statutes state that these penalties are not exclusive and do not limit other remedies.1California Legislative Information. California Government Code 8214.2

A notary who knowingly notarizes a forged deed of trust faces a felony under 8214.2, a civil penalty of up to $1,500 under 8214.15, revocation of the commission under 8214.1, and a bond claim from the defrauded homeowner. The criminal charge alone can carry prison time, and the financial layers land on top of it.