Can you notarize for a client who has an expired driver's license? — J.R., California
Perhaps. Civil Code Section 1185 (b)(3) states that California Notaries can accept a driver's license if it is current or has been issued within the past five years. If the issue date is more than five years past, then you’ll need to find out what other types of identification the signer may have.
Other major identification documents that Notaries are authorized to accept include:
- A U.S. passport or passport card;
- A driver's license or identification card issued by another state;
- A U.S. military ID card;
- A driver’s license from Mexico or Canada;
- An employment ID issued by a California state agency or county or municipality in California;
- A foreign passport stamped by the U.S Citizenship and Immigration Services if they are current or have been issued in the last five years and contain a photograph, description of the person, a serial or identifying number and signature; and
- An inmate ID card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in prison.
If the signer lacks any of these, then you may accept an oath or affirmation of one or two credible witnesses who can vouch for the signer’s identity. The witnesses must meet all requirements and provide proof of identification for themselves as required under California state Notary law.
Not all states permit signers to present an expired identification document as proof of identity. For example, Pennsylvania requires “a current, government-issued identification card bearing a photograph, signature or physical description and serial or identification number” (57 PS 158.1[a]). Notaries should always follow their own state’s requirements regarding signer identification documents.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.