Key Takeaways
- A notary cannot backdate or change the actual date of notarization
- Substantive identity verification failures cannot be corrected after the fact
- Acts performed without authority are void and cannot be corrected
- Another notary cannot correct a different notary's certificate
- Corrections cannot alter the fundamental nature of the notarial act
What Cannot Be Corrected
Not all errors can be fixed with a line and initials. Some mistakes are so fundamental that the only solution is to start over—or accept that the notarization is void. Understanding these limitations protects you from making a bad situation worse.
Errors That Cannot Be Corrected
1. Backdating the Notarization
Scenario: A signer appears before you on March 15 but asks you to date the certificate March 10 because that was the deadline.
Answer: Absolutely NOT. The date on the certificate must reflect the actual date the notarization occurred. Changing the date—even by one day—is:
- A criminal offense (fraud/falsification)
- Grounds for commission revocation
- Potential felony if involving real estate
2. Identity Verification Failures
If you realize after the fact that you did not properly verify the signer's identity, you cannot go back and "fix" it. The notarization was improperly performed and may need to be:
- Voided and re-executed with proper identification
- Reported if fraud is suspected
3. Acts Performed Without Authority
| Situation | Why It Cannot Be Corrected |
|---|---|
| Commission was expired | No authority existed; act is void |
| Bond/oath not filed | No authority existed; act is void |
| Outside California | No jurisdiction; act is void |
| Prohibited document type | Never had authority for this act |
4. Wrong Notarial Act Type
If you performed an acknowledgment when a jurat was required (or vice versa), you cannot simply cross out "acknowledgment" and write "jurat." The entire act must be re-performed because:
- Different oaths are required
- Different procedures apply
- The signer's statements differ between act types
5. Another Notary's Certificate
A notary may NEVER alter or correct another notary's certificate. If a document contains an error in another notary's certificate:
- The original notary must make the correction, OR
- A new notarization must be performed by a different notary
Common Correction Scenarios
| Scenario | Can It Be Corrected? | Method |
|---|---|---|
| Misspelled name | Yes | Single line + correction |
| Wrong date (clerical mistake) | Yes, if caught immediately | Single line + correct date |
| Backdating to a prior date | NO | Criminal offense |
| Wrong county listed | Yes | Single line + correction |
| Wrong act type | NO | Must re-execute |
| Missing notary seal | Yes | Affix seal |
| Expired commission at time of act | NO | Act is void |
| Signer was not present | NO | Act is void |
On the Exam
Key points tested about what cannot be corrected:
- Backdating: Never permitted under any circumstances
- Wrong act type: Requires re-execution, not correction
- Expired commission: Act is void; cannot be validated retroactively
- Another notary's work: Cannot correct someone else's certificate
- Identity failures: Cannot be retroactively fixed
A signer asks you to change the date on a notarial certificate to a date before the actual notarization. What should you do?
Can a notary correct an error on another notary's certificate?
You performed an acknowledgment when a jurat was required. How do you correct this?