4.4 Journal Inspection, Safeguarding, Loss Reporting & Disposition
Key Takeaways
A journal may be examined and copied without restriction by a law enforcement officer in an official investigation, under a court-ordered or other lawful subpoena, or at the Secretary's direction (Section 486.710.1).
The notary may charge no more than $1 per copy for those copies, certified copies cost the Section 486.685 rate, and the Secretary receives certified copies free on written request (Section 486.710.2-3).
When not in use, the journal is kept in a secure area under the notary's exclusive control and is surrendered or destroyed only by court order or at the Secretary's direction (Section 486.715.1-2).
A stolen, lost, destroyed, or damaged journal must be reported to the Secretary within 10 days after discovery, after informing law enforcement for theft or vandalism (Section 486.715.3).
When a commission expires, is resigned, or is revoked, or the notary dies, the journal and records go to the Secretary within 30 days, or within three months for an expired notary who is reapplying.
A journal protects the public only if it survives and stays in the right hands. Missouri's rules on inspection, safeguarding, loss reporting, and final disposition are in Sections 486.710, 486.715, 486.795, and 486.800 RSMo.
Who May Examine and Copy the Journal (Section 486.710.1)
The journal "may be examined and copied without restriction" by:
| Who | When |
|---|---|
| A law enforcement officer | In the course of an official investigation |
| A party with a subpoena | When the journal is subpoenaed by court order, or under subpoena power authorized by law |
| The Secretary of State | When the Secretary directs that it be surrendered |
Nothing in this section prevents a notary from seeking an appropriate judicial protective order, for example to shield unrelated customers' entries.
The statute does not create a general right for any member of the public to browse a Missouri notary's journal. The "lawful inspection" mentioned in Section 486.700.1 is the inspection Section 486.710 authorizes. Some other states let any person inspect a journal entry by naming the month and the signer; that is not the Missouri rule.
Copy Fees (Section 486.710.2-3)
- For copies furnished under subsection 1, the notary may charge not more than $1 per copy.
- If a certified copy is requested, the fee is the Section 486.685 certified copy fee ($1 per page, $3 minimum).
- On written request, the notary must furnish the Secretary certified copies of the journal without cost.
Safeguarding the Journal (Section 486.715.1-2)
- The notary must safeguard the journal and all other notarial records and surrender or destroy them only by court order or at the direction of the Secretary.
- When not in use, the journal must be kept in a secure area under the exclusive control of the notary.
- It must not be used by any other notary, and it must not be surrendered to an employer when employment ends.
Practical habits that follow from these rules: lock the journal in a drawer or safe, never leave it in an unattended car, never let coworkers or a supervisor make entries, and take it when changing jobs.
Lost, Stolen, or Damaged Journal (Section 486.715.3)
Within ten days after a journal is discovered to be stolen, lost, destroyed, damaged, or otherwise unusable or unreadable, the notary must:
- if theft or vandalism is involved, first inform the appropriate law enforcement agency;
- notify the Secretary by a method that provides a tangible receipt (certified mail and electronic transmission both count); and
- provide a copy or identification number of any pertinent police report.
The Secretary's online services include a "Lost or Stolen Journal" form. The ten-day clock and the order of steps are the same as for a lost seal under Section 486.725.4.
Disposition When the Commission Ends
| Event | What happens to the journal and records | Deadline | Statute |
|---|---|---|---|
| Commission expires, is resigned, or is revoked | Delivered to the Secretary by a tangible-receipt method | Within 30 days after the effective date | 486.795.1(2), 486.715.4 |
| Commission expired, notary intends to reapply, and no prior revocation or denial | Disposed of under 486.715.4 | Within three months after expiration, unless recommissioned in that period | 486.795.2 |
| Notary dies | Personal representative forwards journal and records to the Secretary | Within 30 days after death | 486.800 |
The Secretary's notary page offers an online "Resignation" form. A recommissioned notary keeps the old journals under the ten-year rule.
Electronic Journals
An electronic or remote online notary's electronic journal follows the same copying, security, surrender, and disposition rules (Sections 486.950.2 and 486.1190.2), with these additions:
- On termination or death, an electronic journal may be delivered on disk, printed on paper, or transmitted electronically, as the Secretary requires (Sections 486.955(1) and 486.1205(1)).
- If disks or other storage media need not be surrendered, no further entries may be made, and the journal and its backup must be safeguarded until both are erased after ten years from the last entry by the notary or the notary's personal representative (Sections 486.955(2) and 486.1205(2)).
- The remote online notary may designate the employer (by a record both sign) or an approved repository as custodian of the electronic journal and the session recordings (Section 486.1195.4).
Exam Scenarios
- Detective's request. A police detective investigating a forged deed asks to see and copy the journal entry. Law enforcement in an official investigation may examine and copy the journal; the notary may charge up to $1 per copy.
- Curious neighbor. A neighbor wants to "look through" the journal to see who signed what. Missouri law gives no general public browsing right, and the journal stays under the notary's exclusive control.
- Car break-in. The journal is stolen from a car on Monday. The notary reports it to the police, then notifies the Secretary with the report number within ten days.
Under Section 486.710 RSMo, who may examine and copy a notary's journal without restriction?
A law enforcement officer conducting an official investigation
The notary's employer, if it paid for the journal
Any member of the public who names the month of the act and the signer
Any attorney who sends a written request by email
A notary discovers her journal was stolen from her car. What does Section 486.715 RSMo require?
Inform law enforcement, then notify the Secretary within 10 days with the police report number
Wait thirty days for police to recover it before telling anyone
Recreate the missing entries from memory in a new journal
Notify the county recorder of deeds and buy a new journal
What may a notary charge for copies of journal entries furnished to law enforcement under Section 486.710 RSMo?
$5 per entry copied
Not more than $1 per copy
$10 per request plus postage
Nothing, because copies must always be free
Sections you finish are checked off in the contents.