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A notary is convicted of a felony. What does the court do about the commission?

California Notary exam practice question · California Notary Law

A notary is convicted of a felony. What does the court do about the commission?

  • ANotify the Secretary of State and take no further step
  • BSuspend the commission until sentencing is completed
  • CLeave the question entirely to the Secretary of State
  • Revoke it and require the seal to be surrendered

Explanation

Understanding the question

A notary commission rests on a finding that the holder is of good character and fit to exercise a public trust, and a felony conviction is treated as conclusive on that question. California does not leave the consequence to administrative discretion or to a later review: upon conviction the court itself revokes the commission and requires the notary to surrender the seal to the court, which is then transmitted along with the record of the conviction to the Secretary of State. The immediacy is the point. A revoked commission with a seal still in the notary's possession is an obvious risk, so the surrender happens at the same moment as the revocation rather than through a subsequent process. The related consequence is disqualification: a felony conviction, and certain lesser convictions involving dishonesty, bar the person from holding a commission thereafter. The Secretary of State is notified but is not the body that acts first.

Why the correct answer is correct

On a felony conviction the court revokes the commission and requires the notary to surrender the seal, with the record transmitted to the Secretary of State.

Background

California requires a court convicting a notary of a felony to revoke the commission and require surrender of the seal, transmitting the seal and conviction record to the Secretary of State. A felony conviction also disqualifies a person from holding a commission.

The Court Takes the Seal

The Court Takes the Seal. Revocation and surrender happen in the courtroom, not through a later process.

Exam tip

Certain convictions involving dishonesty short of a felony are also grounds for denial, revocation or suspension by the Secretary of State.

Common mistakes

  • Assuming the Secretary of State acts first
  • Treating the consequence as suspension rather than revocation
  • Overlooking the seal surrender requirement

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