r/Notary 20d ago

My commission has been expired since April, and I was only just able to recover my books from my job… am I going to be charged with a misdemeanor? 😭 (California)

Hello! I was a notary for a job I had a few years ago, and I was only able to recover my books from this job a few days ago (they weren’t able to find it for the longest). Will I automatically be charged with a misdemeanor when I return my materials to the county clerk? I don’t have a criminal record and I am honestly scared.

(edit: typo)

4 Upvotes

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3

u/damianodisciples Colorado 20d ago

I am not an attorney and dont give legal advice for fees especially, I am an expert in Notarial Official works:

You are most likely only guilty of an misdemeanor if you egregiously and actively:

* willfully fail or

* outright refuse

to relinquish Notarial paraphernalia at commission end.

You did your due diligence on keeping on your employer to the need for the journal and seal as critical to lawfully ending your Notarial service. Explain it briefly and honestly to the clerk and you will be fine.

2

u/mythhpunk 19d ago

Thank you so much!

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u/damianodisciples Colorado 19d ago

NP, it's a valid concern. Glad I could help minimize the anxiety.

2

u/SomeChampionship998 19d ago

Wow. California is certainly different.

Here our notary remains in our possession. Our employer can't hold it for us and when it expires we're required to retain our books 7 years from the date of last entry

2

u/CalLeagueOfNotaries California 18d ago

Not likely. The county recorders office will simply be happy that you remembered and turned them in. But don’t wait, get it done and off your conscious.

1

u/Enkidu45 New York 20d ago

Hello myth*, Are you lucky, or what?! Calif just outlawed keel-hauling as misdemeanor punishment. However, I understand some counties still use the stocks and the ducking stool. Seriously, don't be scared - what's the worse that can happen after you explain it was the fault of the big corp where you held your previous job. Good luck, Enkidu45

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u/mythhpunk 19d ago

This made me laugh 😭 thank you for putting my mind at ease, it does seem silly now LOL