A true copy affidavit in California, formally titled a Copy Certification by Document Custodian, is a sworn statement in which the person holding an original document declares that an attached photocopy is a complete and accurate reproduction. You sign it in front of a notary public, who administers an oath and attaches a jurat. The notary fee is capped at $15 per signature. You need this affidavit whenever an agency asks for a certified copy of a document that no government office issues certified versions of, such as a diploma, a private contract, or a foreign record.
When You Actually Need This Affidavit
California notaries have narrow authority to certify copies on their own. Under Government Code Section 8205, a notary may certify copies of only two things: powers of attorney and entries from the notary’s own journal.1California Legislative Information. California Code Government Code 8205 – Notaries Public For anything else, the notary cannot look at your original and stamp the copy as certified. The custodian affidavit is the workaround: you swear the copy is accurate, and the notary certifies your oath, not the document.
That distinction matters if the copy later turns out to be incomplete or altered. The legal responsibility sits with you, not the notary.
Common situations that call for this affidavit include immigration filings that require certified copies of foreign diplomas or employment records, academic transcripts going to employers or licensing boards, professional licenses submitted for multi-state applications, and corporate records produced in legal proceedings. If the document was issued by a private entity rather than a government agency, the custodian affidavit is usually the only path to a certified copy.
Documents and Agencies This Will Not Work For
Vital records are off-limits. Birth certificates, death certificates, and marriage certificates cannot be certified through a custodian affidavit. For a certified copy of a birth record you must request one from the California Department of Public Health or the county recorder where the event occurred.2California Department of Public Health. Vital Records Obtaining Certified Copies of Birth Records Death and marriage records follow the same path. Any receiving agency will reject a custodian affidavit for these records on sight.
The Social Security Administration will not accept photocopies or notarized copies of any kind when you apply for or correct a Social Security card. You must present original documents or copies certified by the issuing agency itself.3Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card A custodian affidavit will not satisfy SSA requirements regardless of how it’s prepared.
What to Bring to the Notary
Gather everything before you book the appointment. Missing a single item means a second visit and a second fee.
- The original document. The notary needs to see it alongside the copy, even though they will not be certifying the document itself.
- A complete photocopy. Copy every page, front and back. If the original is double-sided and your copy is single-sided, the affidavit will not hold up because the copy is not truly complete.
- A blank Copy Certification by Document Custodian form. Some notaries keep blank forms on hand, but do not count on it.
- Valid government-issued photo ID. California law requires the notary to verify your identity using satisfactory evidence. A California driver’s license, U.S. passport, or state-issued identification card works, as long as the document is current or was issued within the past five years.4California Legislative Information. California Code, Civil Code CIV 1185 – Acknowledgment of Instrument
Filling Out the Form Without Disqualifying It
One rule trips people up: do not sign the affidavit before you arrive. A jurat requires the notary to watch you sign in person.5California Legislative Information. California Code Government Code 8202 – Jurat A pre-signed form must be refused. There is no workaround.
Fill in everything else beforehand. Write your full legal name as the custodian, describe the document (title, number of pages, any identifying numbers), and confirm in the declaration section that the attached photocopy is a true, correct, and complete reproduction of the original. Keep the description precise. “Four-page University of California diploma dated June 15, 2019” is better than “diploma.”
What Happens at the Appointment
The custodian affidavit uses a jurat, not an acknowledgment. These are distinct notarial acts under California law, and confusing them is a common error. An acknowledgment merely confirms that you voluntarily signed something. A jurat goes further: the notary administers an oath or affirmation, you swear the contents are true, and you sign while the notary watches.5California Legislative Information. California Code Government Code 8202 – Jurat Expect to raise your right hand and verbally confirm the truthfulness of your statement before signing.
The jurat certificate the notary attaches carries a mandated disclaimer at the top stating that the notary verifies only the identity of the signer, not the truthfulness, accuracy, or validity of the document. That language is required by Government Code Section 8202 and reinforces the point that your oath is what the notary is certifying.
California caps the fee for administering an oath and executing a jurat at $15 per signature.6California Legislative Information. California Code GOV 8211 – Notaries Public Mobile notaries who travel to you may add a trip fee on top of that, which is not capped by statute. If you visit the notary’s office, you pay only the $15.
As of 2026, California does not allow remote online notarization for this purpose. The Online Notarization Act (Senate Bill 696) was enacted but will not take effect until at least January 1, 2030, pending the Secretary of State’s completion of the required technology platform.7California Secretary of State. Notary Public Handbook You must physically appear before the notary. A video call does not count as personal appearance under current California law.
After the Notary Signs
Once the notary applies the seal and completes the jurat, staple the affidavit to the photocopy if the notary has not already. The complete package is the affidavit plus the copy, and both pieces travel together. Certified mail gives you a tracking number and delivery confirmation, which is worth the small extra cost when deadlines are tight. Many agencies also accept hand delivery at a local office.
Check the recipient’s formatting rules before mailing. Some agencies want the affidavit on top; others want it behind the copy. A few require staples rather than paper clips. Getting this wrong rarely invalidates the submission, but it can trigger a resubmission request that costs weeks.
Penalties for a False Affidavit
When you sign the custodian affidavit under oath, you are making a legal declaration under penalty of perjury. Knowingly swearing that a copy is complete and accurate when it is not, whether because pages are missing, text has been altered, or the “original” itself is fabricated, constitutes perjury under California Penal Code Section 118.8California Legislative Information. California Code PEN 118 – Perjury
California perjury is a felony punishable by two, three, or four years in state prison.9California Legislative Information. California Code PEN 126 – Punishment for Perjury If the false affidavit is submitted to a federal agency, federal perjury charges under 18 U.S.C. ยง 1621 carry up to five years in federal prison and fines.10Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally A false affidavit can also result in denial of the underlying benefit, and in immigration cases a finding of fraud can permanently bar future applications.