4.3 Record Retention and Disposal
Key Takeaways
- Notary records must be retained for the period specified by state law (typically 7-10 years)
- When a commission expires, the journal must be surrendered to the appropriate authority
- If a notary dies, the personal representative is responsible for delivering the journal
- Journals must never be destroyed without following proper state procedures
- Some states require records to be delivered to the county clerk; others to the Secretary of State
Record Retention and Disposal
Notary records are official public records that must be properly maintained, retained, and eventually surrendered according to state law. Improper handling of records can result in penalties and leave the notary vulnerable to liability.
Retention Requirements
Most states specify how long notary records must be kept:
| Retention Period | Common Examples |
|---|---|
| 5 years | Some states with shorter retention requirements |
| 7 years | Common standard in many states |
| 10 years | California, other states with longer requirements |
| Life of the commission | Some states require retention throughout the commission term |
| Indefinite | Until surrendered to the appropriate authority |
Important: The retention period often continues AFTER the commission expires. A notary whose commission expired 3 years ago may still be required to retain records from their active period.
Active Commission: Securing Records
During your active commission:
- Store journals in a locked, secure location — A fireproof safe is ideal
- Keep journals separate from other personal documents
- Never allow unauthorized access to your journal
- Maintain backup copies of electronic records
- Transport journals securely when performing mobile notarizations
When Your Commission Ends
The disposition of notary records depends on how the commission ends:
Commission Expires or Is Not Renewed
- Deliver your journal to the county clerk or Secretary of State (as specified by your state)
- Some states allow you to retain records as long as they remain secure
- File any required forms or notifications
Commission Is Revoked
- Immediately cease all notarial activities
- Deliver your journal and seal to the designated authority
- Cooperate with any investigation
Notary Relocates to Another State
- Records from the old state must follow the old state's disposition rules
- Start fresh records under the new state's commission
Notary Dies
- The notary's personal representative (executor or administrator of the estate) is responsible for delivering the journal to the appropriate authority
- Family members or employers should be informed of this obligation
Destruction of Records
Notary records should NEVER be destroyed without:
- Confirming the retention period has been met
- Following state-specific destruction procedures
- Obtaining authorization from the commissioning authority (if required)
Best Practice: Even after the retention period expires, consider retaining records indefinitely. They cost little to store and can provide invaluable protection if an old notarization is ever challenged.
On the Exam
Record retention questions focus on:
- Know your state's retention period — varies from 5 to 10+ years
- Journal must be surrendered when commission ends
- Personal representative handles journal if notary dies
- Never destroy records prematurely
- Records continue to be protected even after commission expires
When a notary's commission expires, what must happen to the notary journal?
If a notary public passes away, who is responsible for delivering the notary journal?