1.1 Basic Qualifications

Who May Become a North Carolina Notary

North Carolina notary commissions are governed by General Statutes (G.S.) Chapter 10B, the Notary Public Act, and administered by the Secretary of State (SoS) Notary Public Section in Raleigh. The exam tests whether you can recite these baseline qualifications precisely, so memorize the exact thresholds rather than approximations. Every applicant must satisfy all of the following before a commission is issued.

Note the residency rule carefully: you do not have to live in North Carolina if you work here regularly. A Virginia or South Carolina resident who commutes to a North Carolina job qualifies on the residency prong. Conversely, simply owning vacation property in NC without a regular work or business presence does not satisfy it.

The Emancipated-Minor Exception

The single most-tested twist on the age rule is that a person under 18 can still qualify if legally emancipated by court order. So a 17-year-old who has been emancipated meets the age requirement, while a 17-year-old who has not been emancipated does not. Exam writers love to pair "17 years old" with "legally emancipated" to see whether you stop reading at the age.

The English-Language and Education Prongs

The statute requires the applicant to speak, read, AND write English — all three. There is no exception for interpreters; the notary personally must be English-literate because notarial certificates and the Notary Public Manual are administered in English. Separately, a high school diploma or GED equivalent is required, but no college degree is needed. A candidate with a Ph.D. and a candidate with a GED stand on equal footing here.

Exam Tip: When a question lists four "applicants," the correct disqualified person almost always fails one specific prong (no GED, cannot write English, a recent disqualifying felony). Read each option against the table above before answering.

Disqualifying Convictions and Conduct

The character requirement is more nuanced than "any felony disqualifies you." Under G.S. 10B-5, the Secretary may deny, refuse to renew, revoke, suspend, or condition a commission based on the following — note the distinct waiting periods, which are heavily tested:

The key nuance: a felony is not necessarily a permanent bar. After 10 years from unconditional release (completion of sentence, parole, and probation), the conviction no longer automatically disqualifies, though the Secretary retains discretion. By contrast, a misdemeanor for a crime of dishonesty or moral turpitude (e.g., fraud, embezzlement, forgery) can disqualify even though it is not a felony — the nature of the offense matters, not just its classification.

Disclosure Is Itself a Requirement

Failing to disclose a conviction is an independent ground for denial separate from the conviction itself. An applicant who honestly discloses an 11-year-old felony may be commissioned; an applicant who conceals a recent one is denied for the concealment regardless of the underlying timing. Treat the application as a sworn document.

Common Traps

• "Any conviction disqualifies." False — minor non-dishonesty misdemeanors (e.g., a speeding ticket) do not bar a commission.
• "A felony bars you forever." False — the bar is 10 years after unconditional release for most disqualifying convictions.
• "You must be a U.S. citizen." False — citizenship is not a listed qualification; lawful residency/work in NC plus the other prongs suffice.
• "College degree required." False — only a high school diploma or GED.

Exam Tip: If a scenario mentions a felony, immediately look for how long ago the release was. "Convicted last year" disqualifies; "unconditionally released 12 years ago and disclosed" generally does not.

The Application Process, Step by Step

The statutory sequence is the most procedure-heavy material in this chapter. Memorize the order and the timing windows.

1. Complete the 6-hour education course. It must be a Secretary-approved course delivered by a North Carolina community college, and you must complete it within the three months preceding your application. (Community colleges often schedule the course as a full day, but the statutory minimum is six hours of classroom instruction. Licensed NC State Bar attorneys are exempt from the course.)
2. Pass the written examination with a score of 80% or better. The exam is based on the current Notary Public Manual, which you must obtain and bring.
3. The instructor signs and certifies your application, confirming course completion and exam passage.
4. Submit the application to the Secretary of State with the $50 non-refundable fee (check or money order payable to the Secretary of State of North Carolina).
5. Receive your commission from the Secretary of State once approved.
6. Appear before the Register of Deeds in your county of residence (or business) to take and file the oath of office within 45 days of commissioning, paying the $10 oath fee.
7. Begin notarizing — your authority starts only after the oath is filed; the commission runs 5 years.

Why the Oath Matters

A notary who misses the 45-day oath window must restart the commissioning process — the commission is not valid until the oath is administered and filed at the Register of Deeds. The oath is taken in the notary's county of residence, or county of business if the applicant qualified on the work prong. This two-agency split (apply to the Secretary of State, swear in at the Register of Deeds) is a favorite exam point: applicants confuse the two offices.

Exam Tip: NC questions routinely pair an eligibility fact with a timing fact in the same item. Lock in both the qualification thresholds (18/English/GED) and the clocks (3-month course window, 45-day oath deadline, 5-year term).