Key Takeaways
- Retain journal for at least 7 years after the last entry
- Upon resignation or revocation, deliver journal to county clerk within 30 days
- Respond to subpoenas for journal records
- Provide copies of journal entries to signers upon written request
- Report lost or stolen journal to Secretary of State within 5 business days
Journal Retention & Access
A notary retired after 25 years of service and decided to throw out her old journals. "I'm done with all that," she thought. Two years later, a property dispute went to court, and attorneys needed her journal entries from a notarization she'd performed 4 years prior. Without those records, she could not prove the notarization was proper—and the property owner faced a devastating legal challenge with no evidence to support their claim.
Your journal isn't just important during your active commission—it remains a critical legal record for years afterward.
The 7-Year Retention Requirement
California law requires you to retain your journals for a minimum of 7 years after the date of the last entry in that journal:
| Requirement | Details |
|---|---|
| Minimum retention | 7 years after last entry |
| Counts from | Date of LAST entry (not first) |
| During retention | Keep journals secure and accessible |
Example: If you made your last entry in a journal on January 15, 2025, you must retain that journal until at least January 15, 2032.
During the Retention Period
| Responsibility | Why |
|---|---|
| Keep journals in a secure location | Prevent theft or unauthorized access |
| Protect from damage, loss, or theft | Preserve evidentiary value |
| Be prepared to provide records if requested | Legal compliance |
What Happens When Your Commission Ends
Different rules apply depending on whether you renew your commission:
If You DO NOT Renew
| Action Required | Deadline |
|---|---|
| Deliver all journals to the county clerk | 30 days |
| In the county of your principal place of business | Same county where you practiced |
| Journals become public records | Maintained by county clerk |
Key Point: You must deliver journals to the county clerk, NOT the Secretary of State. This is a common exam trick question.
If You DO Renew Your Commission
| Action | Details |
|---|---|
| Keep your existing journals | Continue using them |
| Start a new journal or continue the old one | Your choice |
| Maintain 7-year retention | For ALL journals |
Practical Tip: Most notaries who renew continue using the same journal until it's full, then start a new one. Keep old journals secured for the required 7 years.
Responding to Subpoenas
Your journal is an official record subject to subpoena. You may receive subpoenas from:
| Source | Context |
|---|---|
| Courts | Civil or criminal cases |
| Law enforcement | Fraud investigations |
| Attorneys | Litigation discovery |
How to Respond to a Subpoena
| Step | Action |
|---|---|
| 1 | Verify the subpoena is valid and properly served |
| 2 | Comply with the legal request |
| 3 | Provide the original journal OR certified copies |
| 4 | Protect confidentiality of unrelated entries if possible |
Key Point: You must comply with valid subpoenas. Refusing to produce your journal when legally required can result in contempt of court.
Protecting Other Entries
When responding to a subpoena:
- You may request that only the relevant entries be disclosed
- Redaction of unrelated entries may be possible
- Consult an attorney if you have concerns about privacy
Providing Copies to Signers
Signers have a right to obtain copies of their journal entries:
| Requirement | Details |
|---|---|
| Request must be in writing | Verbal requests insufficient |
| Notary may charge a reasonable fee | Cover copying costs |
| Provide copy within a reasonable time | Don't unreasonably delay |
| Cannot unreasonably deny access | It's their right |
What to Provide
| Provide | Do NOT Provide |
|---|---|
| Copy of that signer's entry | Entries of other signers |
| Information about that transaction | Unrelated entries |
| Date, document type, ID used | Other clients' private info |
Practical Tip: Mask or cover other entries when making a copy of a specific entry.
Lost or Stolen Journal
If your journal is lost, stolen, or destroyed, you must act quickly:
| Step | Action | Deadline |
|---|---|---|
| 1 | Notify the Secretary of State in writing | 5 business days |
| 2 | Describe the circumstances | In your notification |
| 3 | File a police report | If theft is suspected |
| 4 | Document steps to prevent future losses | For your records |
What to Include in Your Notification
| Element | Example |
|---|---|
| Date of discovery | "I discovered the loss on January 10, 2025" |
| Circumstances | "My bag was stolen from my car" |
| What was lost | "Bound journal #3, covering dates 7/2024-1/2025" |
| Actions taken | "Filed police report #12345" |
Critical Deadline: 5 business days—not calendar days. Weekends and holidays don't count.
Summary: Key Deadlines
| Event | Deadline | Report To |
|---|---|---|
| Minimum journal retention | 7 years after last entry | N/A |
| Deliver to clerk (resignation/expiration) | 30 days | County Clerk |
| Report lost/stolen journal | 5 business days | Secretary of State |
On the Exam
Expect 2-3 questions on journal retention and access. Key points tested:
- 7 years: Minimum retention period after last entry
- 30 days: Deadline to deliver journal to county clerk (if not renewing)
- County clerk: NOT Secretary of State for journal delivery at end of commission
- 5 business days: Report lost/stolen journal to Secretary of State
- Written request: Required for signers to get copies of their entries
How long must a notary retain their journal after the last entry?
When a notary resigns and does not renew, where must the journal be delivered?
Within how many days must a lost or stolen journal be reported to the Secretary of State?
Can a signer request a copy of their journal entry?