4.3 Record Retention and Disposal

Records Are Official and Long-Lived

Notary records — the journal and, for RON, the audiovisual recording — are official records that must be maintained, retained, and eventually surrendered exactly as state law directs. Mishandling them can expose the notary to discipline, civil liability, and even criminal penalties in some states. The governing principle: you keep the records securely for the full statutory period even after you stop notarizing, and you never destroy them on your own initiative.

Retention Periods Vary by State

The required holding period is set by statute and differs widely:

The California rule is the most-tested benchmark. Under California Government Code section 8209, a completed journal must be retained for 10 years after the date of the last entry, and when the commission ends the notary must deliver the journal to the county clerk of the county where the notary's principal place of business is located within 30 days. The county clerk then keeps it for at least 10 years.

RON Recordings Are Retained Separately

Because the signer is not physically present, RON statutes require the session to be recorded, and that audiovisual recording is retained on its own schedule apart from the journal. The widely cited model standard is 10 years; Florida likewise mandates 10 years. Several states are shorter — Texas and Virginia require 5 years (Texas also requiring a backup copy), and some require 7. Treat the recording as a second, equally mandatory record.

Securing Records During an Active Commission

While commissioned:

1. Store paper journals in a locked, secure location — a fireproof safe is ideal.
2. Keep journals separate from your other personal documents.
3. Allow no unauthorized access — the journal stays under your exclusive control.
4. Maintain redundant backups of electronic records and RON recordings.
5. Transport securely during mobile assignments.

When the Commission Ends

Disposition depends on how the commission terminates:

• Expires or is not renewed — Deliver the journal to the designated authority (in California, the county clerk within 30 days). Some states let you keep it as long as it stays secure; file any required notice.
• Is resigned — Same delivery duty, usually on the same short deadline.
• Is revoked or suspended — Immediately stop all notarial activity, surrender the journal and your seal, and cooperate with the investigation.
• Notary relocates to another state — Records from the old state follow the old state's disposition rules; you begin fresh records under the new commission.
• Notary dies — The notary's personal representative (the executor or administrator of the estate) must deliver the journal to the proper authority. Family members and employers should be told this duty exists so the record is not lost or discarded.

Destroying Records

Never destroy notary records until you have:

1. Confirmed the full retention period has elapsed.
2. Followed any state-specific destruction procedure (some require notice or authorization).
3. Used a secure method — shredding for paper, certified deletion for electronic records — because the records contain signatures, ID numbers, and thumbprints.

Best practice: even after the minimum period, consider keeping records indefinitely. Storage is cheap, and an old journal can be decisive evidence if a long-past notarization is ever challenged.

Common Traps

• Assuming the retention clock stops when the commission expires — it does not; it usually runs from the last entry.
• Treating the RON recording as covered by the journal's retention rule — it has its own period.
• Letting an employer keep or destroy the journal — the record stays in the notary's custody, not the employer's.

Worked Scenario

A California notary's four-year commission expires on June 30, 2026, and she chooses not to renew. Her current journal's last entry is dated June 12, 2026. What must she do? Within 30 days — by July 30, 2026 — she delivers the completed journal to the county clerk of the county of her principal place of business, and she destroys her official seal so it cannot be misused. The 10-year retention clock the clerk observes runs from her last entry, not from the commission's expiration.

If instead her commission had been revoked for misconduct, she would have to stop notarizing immediately, surrender both journal and seal at once, and cooperate with the investigation rather than wait out the 30 days.

Destruction Comparison

On the Exam

Know your state's retention period (5 to 10+ years and often measured from the last entry, not from commission expiration); the journal is surrendered when the commission ends (California: county clerk, within 30 days, Government Code 8209); the personal representative delivers the journal if the notary dies; RON recordings are retained on a separate schedule (model standard 10 years; Texas and Virginia 5); the seal is destroyed when the commission ends; and records are never destroyed prematurely or left with an employer.