4.2 Examining Identification Documents
Key Takeaways
- Examine each ID for a photo that matches the signer, a name that supports the document, a current (unexpired) date, and intact security features
- Maine requires the ID to be government-issued and to bear both a photograph and a signature
- An expired ID is never acceptable, even if it expired recently and the photo still matches
- Common name variations (nicknames, omitted middle initials) are generally acceptable; substantively different names require explanation or additional ID
- If the ID shows signs of tampering or you cannot resolve a discrepancy to reasonable certainty, refuse the act and note it in the journal
The Four Make-or-Break Checks
Maine's reasonable-certainty standard means a notary cannot rubber-stamp an ID. Examination is an active comparison of the document against the person and the document being notarized. Four checks decide whether you may proceed:
| Check | The question | Failure consequence |
|---|---|---|
| Photo match | Does the face match the person present? | Refuse if it clearly does not |
| Name support | Does the ID name support the signer's claimed name? | Resolve or refuse |
| Currency | Is the ID unexpired today? | Refuse if expired |
| Integrity | Government-issued, photo and signature, no tampering? | Refuse if counterfeit |
Photo Verification
Compare facial structure, not surface appearance. Hair, weight, glasses, and facial hair change; bone structure does not. Focus on eye spacing, nose shape, ear position, and chin. Then sanity-check age: a license issued six years ago should show a slightly younger person, not a different generation.
Legitimate reasons a photo may differ:
- Weight gain or loss
- New or removed facial hair
- Hair color, length, or style change
- Glasses now versus none in the photo
- Normal aging since issuance
Rule of thumb: If a reasonable doubt remains after these allowances, ask for a second ID or decline. The standard is reasonable certainty, so unresolved doubt means you do not proceed.
Name Verification
Maine does not demand a character-for-character match between the ID and the document. The name on the ID must support the signer's claimed identity. Use judgment for variations:
| ID name | Document name | Generally acceptable? |
|---|---|---|
| Robert Smith | Robert Smith | Yes |
| Robert Smith | Bob Smith | Yes (common nickname) |
| Robert J. Smith | Robert Smith | Yes (middle initial dropped) |
| Robert Smith | R. Smith | Usually, with judgment |
| Jane Doe | Jane Smith | No — needs explanation/marriage record |
| Robert Smith | Roberto Sanchez | No — substantively different |
If names diverge substantively (different surname not explained by marriage, an entirely different given name), request additional ID or supporting documentation before proceeding. Never simply alter the document to match the ID for the signer.
Checking the Expiration Date
| Rule | Detail |
|---|---|
| Must be current | Valid on the date of the notarial act |
| Recently expired | Still rejected — no grace period |
| Comparison | Read the expiration field against today's date |
| If expired | Refuse and ask for a current ID |
This is one of the most common exam traps: a license that expired "only two weeks ago" is not acceptable, regardless of how good the photo match is.
Detecting Tampering and Counterfeits
| Warning sign | What it may indicate |
|---|---|
| Photo looks glued or raised | Photo substitution |
| Peeling or split edges | Card delamination/alteration |
| Mismatched fonts or spacing | Forged data field |
| Misspelled state or agency name | Counterfeit |
| Missing hologram/UV/microprint | Fake or photocopy |
| Unusual thickness or texture | Layered/altered card |
Genuine modern IDs carry layered security: holograms that shift with angle, ultraviolet-reactive patterns, microprinting visible under magnification, and laser-engraved or embossed text. You are not expected to be a forensic examiner, but obvious anomalies trigger refusal.
When You Must Refuse
| Situation | Required action |
|---|---|
| ID clearly counterfeit | Refuse; record the incident in the journal |
| ID expired | Refuse; explain the rule |
| Photo does not match | Refuse; explain |
| Unresolved name discrepancy | Request more ID or refuse |
| Any unresolved doubt | Refuse; suggest alternatives (credible witness) |
Worked example: A signer presents a state ID with a sharp, glossy photo that sits slightly proud of the card surface and edges that lift at one corner. The name matches and it is unexpired. Because the physical integrity check fails — signs of photo substitution — the notary refuses, documents the observation in the journal, and may decline further dealings. Currency and name matching cannot rescue an ID that appears altered.
Requesting a Second Identification
Maine permits — and good practice encourages — asking for additional identification whenever a single document leaves doubt. There is no statutory bar to requesting a second ID. Reasonable triggers include:
- A photo that is old, blurry, or only a partial match
- A name that varies in a way you cannot confidently resolve
- A worn card whose security features are hard to read
- Any general unease about the document's authenticity
A second qualifying ID that corroborates the first can lift the notary over the reasonable-certainty threshold. If the second ID also fails or conflicts, that confirms the decision to refuse.
Why the Notary, Not the Document, Decides
A frequent exam misconception is that a signer can cure an identity gap by attesting to their own identity on the document or in a sworn statement. They cannot. The identity determination is an independent obligation the notary performs before completing the certificate. A signer's self-assertion, a coworker's introduction, or a recital in the instrument carries no weight toward satisfactory evidence.
| Tempting shortcut | Does it satisfy Maine's rule? |
|---|---|
| Signer signs a "this is really me" statement | No |
| Requesting party vouches by phone | No |
| Signer's name printed in the document | No |
| Two qualifying IDs that corroborate each other | Yes |
| Personal knowledge of the signer | Yes |
Documenting the Examination
Even though Maine does not require photocopying or imaging the ID, the journal entry should capture enough to reconstruct the act later: the type of ID, the issuing authority, and a non-sensitive identifier (such as the last digits or simply "ME DL"). If you refuse, record the reason — expired, photo mismatch, suspected tampering. These notes protect the notary if the transaction is ever challenged for fraud and demonstrate that the reasonable-certainty standard was actually applied.
A signer presents a driver's license that expired two weeks ago, and the photo clearly matches. What should a Maine notary do?
An ID shows "Robert J. Smith" but the document to be notarized reads "Bob Smith." How should the notary handle this?
Which single defect would, by itself, force a notary to reject an otherwise current and name-matching ID?