Key Takeaways

  • Violations are classified as infractions, misdemeanors, or felonies
  • Falsely claiming to be a notary is an infraction
  • Notarizing without personal appearance is a Class 1 Misdemeanor
  • Knowing false notarization is a Class I Felony
  • Intent matters in determining the level of offense
Last updated: January 2026

Criminal Penalties for Notary Violations

Under G.S. 10B-60, criminal penalties for notary violations are tiered based on the severity and intent of the offense.

Infraction Violations

The following violations are punishable as infractions:

ViolationDescription
Holding oneself out as a notary without a commissionFalsely claiming to be a notary
Performing notarial acts with expired commissionActing after commission expires
Performing notarial acts with suspended/restricted commissionActing despite restrictions
Performing notarial acts before taking oath of officeActing before being sworn in

Class 1 Misdemeanor Violations

A notary commits a Class 1 misdemeanor if the notary:

ViolationWhat It Means
Takes acknowledgment without principal appearingRemote signing without authorization
Administers oath without principal appearingOath given to absent person
Takes verification without subscribing witness appearingWitness not present
Takes acknowledgment without personal knowledge/IDFailed to verify identity
Administers oath without personal knowledge/IDFailed to verify identity
Takes verification without personal knowledge/ID of witnessFailed to verify witness identity

Class I Felony Violations

The most serious violations are Class I felonies:

ViolationDescription
Taking acknowledgment/verification/oath knowing it is false or fraudulentKnowingly false notarization
Taking acknowledgment without personal appearance with intent to defraudFraudulent intent
Administering oath without personal appearance with intent to defraudFraudulent intent
Taking verification without witness appearing with intent to defraudFraudulent intent
Performing notarial acts knowing you are not commissionedDeliberate unauthorized practice
Obtaining, using, concealing, defacing, or destroying another's seal or recordsTampering with notary materials

Comparison of Penalties

LevelMaximum Jail TimeMaximum FineExamples
InfractionNoneUp to $500Acting with expired commission
Class 1 MisdemeanorUp to 120 daysCourt discretionNotarizing without personal appearance
Class I Felony3-12 monthsCourt discretionKnowingly false notarization

Intent Matters

Without Fraud IntentWith Fraud Intent
Class 1 MisdemeanorClass I Felony
Lesser penaltiesMore severe penalties

Key Points for the Exam

  • Infractions: False claims of notary status, expired commissions
  • Class 1 Misdemeanor: No personal appearance, no proper ID
  • Class I Felony: Fraud, knowing false notarization
  • Intent: Determines severity of penalty
  • Felony for non-notaries: Performing notarial acts knowing you're not commissioned
Test Your Knowledge

What is the criminal classification for notarizing without the signer personally appearing?

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Test Your Knowledge

What is the criminal penalty for knowingly notarizing a false document?

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