3.2 Disqualifying Factors

How North Carolina Screens Character

Even an applicant who clears every eligibility gate can be denied for character reasons. The Secretary of State weighs criminal history, prior notary discipline, and any finding of dishonesty. The exam tests whether you understand which convictions matter and how the office treats out-of-state and restored-rights situations.

Criminal Disqualifications

The out-of-state rule is the classic trick question. A felony elsewhere is judged by North Carolina's classification of the same conduct. If the act would be only a misdemeanor in NC, the out-of-state felony does not automatically bar the applicant.

Crimes of Moral Turpitude

"Moral turpitude" means conduct contrary to honesty and good morals. For notaries, the office focuses on dishonesty-based offenses because a notary's job is to certify truth. Disqualifying examples include:

• Fraud, embezzlement, or obtaining property by false pretenses
• Larceny, theft, or shoplifting
• Forgery, uttering, or counterfeiting
• Perjury or making a false official statement
• Bribery, corruption, or identity theft

These strike at the core of notarial trust, so the office treats them seriously even when the sentence was light.

Prior Notary Discipline

Unauthorized practice of law is a major theme in North Carolina because the term notario publico implies legal authority in many Spanish-speaking countries; NC bars notaries from using it or giving legal advice.

Restoration of Rights

A felony record is not always permanent. An applicant may regain eligibility when all of the following hold:

1. Civil rights have been formally and fully restored.
2. Sufficient time has passed since completion of the sentence.
3. The applicant can show genuine rehabilitation.
4. The Secretary of State, in discretion, finds the person fit to serve.

Restoration is not automatic on release — it follows completion of the sentence, probation, and parole, and the office still exercises judgment.

Disclosure Is Mandatory

Applicants must disclose every criminal conviction (other than minor traffic infractions) and any prior denial, revocation, or suspension of a notary commission. Nondisclosure is independently disqualifying and can constitute a separate criminal offense for making a false statement on a government form.

Conviction vs. Charge vs. Expungement

The exam likes to probe the difference between a charge and a conviction. A mere arrest or dismissed charge is not a conviction and generally does not disqualify, though candor about the underlying facts is always safest. A conviction — a guilty plea, no-contest plea, or finding of guilt — is what the office weighs. An expunged record is, by statute, treated as if it never occurred for most purposes; an applicant whose record was lawfully expunged usually need not report it, but should confirm the specific application instructions because some questions ask narrowly and others broadly.

Discretion and the "Fitness" Standard

North Carolina does not impose a single rigid lookback period for every offense. Instead, the Secretary of State applies a fitness-to-serve judgment, weighing the nature of the crime, how long ago it occurred, evidence of rehabilitation, and whether civil rights were restored. Dishonesty offenses (the moral-turpitude list) weigh most heavily because they go directly to whether the public can trust the notary's certifications. A decades-old, non-dishonesty felony with restored rights and a clean record since is far likelier to be approved than a recent fraud conviction.

Ongoing Duty, Not Just at Application

Disqualifying conduct matters during the entire commission, not only at application. A sitting notary who is later convicted of a disqualifying crime, found to have engaged in unauthorized practice of law, or caught advertising as a notario publico can have the commission revoked or suspended by the Secretary of State. The duty of honesty and good character is continuous, and a revocation then becomes its own future disqualifier.

Quick-Reference: Disqualifier Severity

Worked Example

Devon completed a 2016 NC felony sentence and had his civil rights restored in 2020; he honestly checks "yes" and explains. He may be approved at the office's discretion. Same Devon checks "no" to hide it. He is denied — not because the old felony is automatically fatal once rights are restored, but because the false answer is itself grounds for denial. Honesty, even about a serious record, beats concealment every time.