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Can A Notary Demand That A Signer Surrender A Driver’s License?

NNA Hotline Tips For Notaries

Is it against the law to ask a signer to surrender his or her driver’s license to a Notary Public?K.S., Maryland Heights, MO

Notaries may ask signers to provide their driver’s license as a form of valid identification for a notarization; however, a Notary may not demand the surrender of the license as a court or judge might do. The Notary may simply verify the driver’s license information for identification and journal recording purposes during a notarization.

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

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11 Comments

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ChristaV

02 Feb 2015

The article does not explain why/under what circumstance the Notary would even feel the need to ask for surrender of a driver's license.

honestnotary@gmail.com

02 Feb 2015

Not sure why a notary would even want to ask someone to surrender their license. In Hawaii, if the license has expired, even by one day, we cannot accept it as valid identification for the purpose of notarization.

Louise Richardson

02 Feb 2015

If the notary thinks the license is fake, then what? I'm assuming the notary still wouldn't have the right to take it and keep it, but should it be reported somewhere? To whom?

David Love

02 Feb 2015

Why bother? If the I.D. does not appear to be legit, simply refuse to Notarize. Let the authorities deal with a crook. Not my problem or my job.

Thomas O'Donnell

02 Feb 2015

I agree with HonestNotary@gmail.com - I ask to see a driver's license and if it is expired I don't take it and if is good but older I ask if the address is still current so my log is accurate. If it is expired I give it back.

alice bogert

02 Feb 2015

I would not take it but I would take a picture of it with my iphone and attach it to my journal.

Diane Lane

10 Feb 2015

If I suspected the license is not valid (fraudulent), shouldn't I refuse to complete the notarization?

Janet

10 Feb 2015

Where is the common sense notaries are supposed to have. Who would think of doing such a thing.

Dan S

10 Feb 2015

FOllow your states laws. I am sure there isn't ANY state says Notaries can confiscate ID. We are not a judge , a court or police in any way. Sorry. I have had many give me a fake ID and I just say that it is not acceptable because it was not issued at DMV. THey must have two credible witnesses now. I have the impression that in most places getting a notary commission is too easy and that there is probably a number of notaries out there who feel that getting a commission somehow elevates them to a position of perceived authority that it is not, like some kind of'' junior cop'. Yes, you should not notarize with a fake ID.

SonjaP

10 Feb 2015

In Arizona, if you are younger, the drivers licenses are good for 30-40 yrs. They just need to update the picture every 10 years. Also when people move, they do not need to update their licenses, but just let the state know. So...I cannot verify that the addresses are the same as where they live here.

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