DUI Guide for Notaries Public

A California notary with a recent DUI arrest is not being judged under the same license board rule used for nurses, contractors, or real estate licensees. Your commission is handled by the California Secretary of State, and the big issue is usually not "moral turpitude," meaning very dishonest or very wrongful conduct. If there is a misdemeanor DUI conviction, meaning the case ended in a way the law treats as guilt for a lower level crime, the practical fight is often whether the offense does not fit the duties of a notary public.

Am I under the same rule as nurses, contractors, or real estate licensees?

No, a California notary is not under the Department of Consumer Affairs board rule that many other licensed jobs use, because that department oversees many California licensing boards but not notaries public.

The rule many people find online is Business and Professions Code §490, which many state boards use when they ask whether a conviction has a "substantial relationship" to the work. In plain English, that means the board asks whether the conviction is closely tied to the job duties.

That is not the notary standard. So if you read a nurse article, a contractor article, or a real estate article after your arrest, it may send you in the wrong direction. A notary DUI question starts with the Secretary of State and the notary statute, not with a consumer affairs board test.

Who decides what happens to my notary commission?

The Secretary of State decides whether your notary commission is granted, paused, or taken away. The main notary discipline law is Government Code §8214.1.

That law lets the Secretary of State refuse to appoint someone as a notary, or suspend or revoke an existing commission, after certain convictions. Suspend means pause your commission, and revoke means take it away.

The listed conviction grounds include a felony, which is a more serious crime. They also include a lower level offense, such as a misdemeanor, if it involves moral turpitude. The law also includes a lower level offense that is "of a nature incompatible with the duties of a notary public."

That last phrase is the one that often matters in a misdemeanor DUI. The state is not always asking the same question a health board would ask. It may be asking whether this conviction shows a problem with the trust and judgment expected of a notary.

Does the arrest alone end my commission?

No, a DUI arrest alone is not the same thing as a conviction for the notary discipline rule, because an arrest means the police accused you and started the court and DMV process.

A conviction means the case ended in a way that the law treats as guilt, and that can happen after a plea or after a court result. For notary purposes, the Secretary of State discipline problem usually becomes much sharper if the case ends in a conviction that fits the notary statute.

That does not mean you should ignore the arrest. The arrest starts deadlines, and it also starts a record that can shape what later gets shown to the court, the DMV, and the Secretary of State if your commission becomes an issue.

So the first few days are about protecting the DMV deadline, collecting the papers, and avoiding saying more than you need to say before the facts are clear.

What if I plead no contest?

A no contest plea can still count as a conviction for your notary commission. The notary statute says a conviction after a plea of nolo contendere, which is the Latin term for no contest, counts for appointment and discipline.

This surprises people because, in everyday speech, "no contest" sounds like you are not admitting guilt, and in many court settings it may feel less harsh than saying "guilty." But for the Secretary of State, it can still be treated as a conviction.

That means the plea label matters less than people think. Before you enter any plea, the question is not only, "What is the court sentence?" The question is also, "What record will the Secretary of State see if this later affects my commission?"

This is one reason I slow the case down enough to look at the notary issue before the plea is entered. Once the plea is in, the later argument is often harder.

Is a simple misdemeanor DUI usually moral turpitude?

A simple misdemeanor DUI is generally not treated in California as a crime of moral turpitude. By simple, I mean an ordinary misdemeanor DUI, not a felony and not a case with facts that change the whole discussion.

Moral turpitude usually points to conduct that is dishonest, fraudulent, or deeply wrongful in a way that shows bad character. A basic DUI is serious, but it is not usually treated as that kind of offense.

That is why the common online answer can be misleading. If someone says, "The issue is moral turpitude," that may not be the real fight for a notary. For many notaries, the harder question is whether the conviction is of a nature incompatible with notary duties.

That phrase is not the same as moral turpitude, because it can reach conduct that is not dishonest but still raises a concern about judgment, trust, or fitness to hold the commission.

What does incompatible with notary duties mean in plain English?

It means the state may ask whether the conviction does not fit the trust placed in a notary public, who is trusted to handle identity, signatures, and official acts with care.

For a misdemeanor DUI, the argument often turns on what the conviction actually says and what the facts show. A notary arrested off duty on a weekend after dinner is not the same story as a case involving dishonesty. It is also not the same story as a felony.

The state may still take a DUI seriously, but the defense should keep the question focused. A DUI is not a theft case, a forgery case, or the same as lying in a notary journal or abusing a notary seal.

That focus helps because the Secretary of State has to look at the notary rule, not rules borrowed from other licenses. The goal is to keep the record tied to what actually happened, not to a general fear that any DUI ends a professional credential.

What if I am applying for a commission now?

If you are applying for a notary commission, a conviction described in the notary law can put the application at risk. The California Secretary of State's Notary Public Disciplinary Guidelines, the state guide for how discipline is usually handled, recommend denial of an application when the applicant has a conviction described in the notary statute.

The guidelines are not the same thing as the criminal court sentence. They tell you how the Secretary of State is likely to view certain records.

This matters if you recently applied, are waiting for appointment, or are planning to apply again. A pending DUI charge is not the same as a conviction, but a later plea can change the application problem.

Before you make a rushed court decision, you want to know whether the outcome creates a record the Secretary of State may treat as a reason to deny appointment. That is a different question from whether the court fine is manageable or whether you can keep driving.

What if I already have a commission?

If you already hold a notary commission, a conviction described in the notary law during your commission term can put the commission at risk. The Secretary of State's disciplinary guidelines recommend revocation when a commissioned notary is convicted during the term of a conviction described in the notary statute.

Revocation is the serious outcome because it means the commission is taken away. The word "recommend" matters too. It tells us the state has a stated discipline position, but the facts and the exact conviction still matter.

This is why the criminal case should be handled with the notary record in mind. If the case can be dismissed, reduced, or resolved in a way that changes the conviction record, that may change the later Secretary of State issue.

You should not treat the notary issue as something to think about only after sentencing. By then, the most important paper may already be signed.

Can a wet reckless change the record the state sees?

A wet reckless can change the name of the conviction, but it does not make the case disappear. Vehicle Code §23103.5 is California's wet reckless statute.

In a DUI case, a wet reckless is a reduced result that is different from a DUI conviction, and it can matter because the Secretary of State is looking at the conviction record and the nature of the offense. A different conviction name may give you a different argument.

Still, it is not magic. A wet reckless is still a conviction, and it can still show that alcohol was part of the case. If you are a notary, the right question is whether that result lowers the risk under the notary statute and gives a cleaner explanation of what happened.

This is a case by case decision. Sometimes the best goal is dismissal. Sometimes it is a reduction. Sometimes the evidence and the offer leave fewer choices. The point is to think about the notary commission before deciding what outcome is acceptable.

What do I need to do with the DMV in the first 10 days?

You have 10 days from the arrest to request a DMV administrative hearing, which is a separate DMV hearing about whether DMV can suspend your driver license.

This deadline comes fast. It does not wait for your first court date. If the hearing is requested in time, you can also request the DMV discovery packet. Discovery means the papers and evidence the DMV plans to use, often including officer reports and the arrest form.

The pink California DMV DS-367 form is also important. If your California driver license was valid when you were arrested, the pink DS-367 is a full, unrestricted California driver license for the 30 days it covers.

That is still true if the officer claims you refused a chemical test, meaning the required breath or blood test after arrest. A refusal claim may affect what happens after the first 30 days, but it does not cut down the 30 day temporary license period on the pink paper.

For a working notary, driving may matter for signings, office work, or getting to appointments. Protecting the DMV hearing is one of the first practical steps because it can also get useful records early.

Should I call the Secretary of State or my employer today?

Do not make broad calls about the arrest unless a specific rule, form, contract, or employer policy requires it. Many people hurt themselves by volunteering guesses before they know the actual charge, the DMV status, or the evidence.

That does not mean you should hide facts when you are asked a direct question. It means you should answer the exact question truthfully, with the right words. "Arrested," "charged," "convicted," and "pled" are not the same thing.

Do not borrow a 30 day report rule from another profession. Some licensed jobs have their own reporting rules. That does not make those rules notary rules.

If you are employed by a company, bank, law office, escrow office, signing service, or public agency, your job policy may have its own notice rule. That is separate from the Secretary of State discipline question. Read the exact wording before you speak, and do not turn a short notice into a long confession.

How should the DUI defense be shaped for a notary?

The DUI defense should be shaped to protect both the court result and the notary record. The Secretary of State issue depends heavily on whether there is a conviction and what that conviction says.

That means the first job is still to defend the DUI. The stop, the arrest, the testing, the officer's statements, and the timing all need to be reviewed. The DMV packet can help because it may arrive early if the hearing was requested within 10 days.

The second job is to avoid loose language. A plea form, a court statement, or an employer note can create a record that makes the notary issue sound worse than it is. The record should not call a simple misdemeanor DUI something it is not.

The third job is to build a practical explanation. If alcohol education, counseling, or other steps are appropriate for your situation, those steps may help show the conduct was addressed. Do not do random things just to look busy. Do things that fit the facts.

For a notary, the best commission defense often starts in the criminal case. A dismissal, a reduction, or a careful record can matter later.

Will a later dismissal help?

Later record relief may help, but it is not the first move after arrest. Penal Code §1203.4 allows a dismissal after successful completion of probation.

People often call this an expungement. In plain English, it is a later court dismissal after you finish probation and meet the legal requirements. It can be useful for many employment and record purposes.

But it does not replace the work that needs to happen now. It does not request your DMV hearing. It does not change the first 30 days on the pink paper. It does not undo a plea before the Secretary of State has a chance to read the conviction record.

So yes, later cleanup may be part of the plan. But the better plan is to fight for the best possible court result before there is a conviction to clean up.

The next few days for a California notary

Use this order in the first few days after a notary DUI arrest.

1. Calendar the 10 day DMV deadline from the date of arrest.
2. Request the DMV administrative hearing before the deadline, and ask for the DMV discovery packet.
3. Keep the pink DS-367 with you, because it is your full California driver license for the 30 days it covers if your license was valid at arrest.
4. Gather the arrest papers, court notice, DMV papers, and any written work policy that may apply to your job.
5. Do not borrow reporting rules from nurses, contractors, real estate licensees, or other consumer affairs boards.
6. Do not plead no contest just because it sounds safer. For a notary, no contest can still count as a conviction.
7. Before any plea, look at whether the result could be treated as moral turpitude or as incompatible with notary duties.
8. If a wet reckless is being discussed, ask how that conviction record would look to the Secretary of State.
9. Answer employer or agency questions truthfully, but answer only the question asked and avoid extra guesses.
10. Start planning both parts of the case now, the DUI defense and the notary commission risk.