Asked in Real Estate Law for Texas

Q: Can a notary have two 2nd degree felonies for “FRAUD USE/POSS IDENTIFYING INFO # ITEMS 5<10” on her record?

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John Cucci Jr.
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Answered

A: The Secretary of State of Texas has the authority to appoint someone as a Notary Public. There are some basic eligibility rules that can disqualify someone from being a Notary Public. The law is as follows:

The Texas Government Code at Title 4, Sec. 406.004. ELIGIBILITY. (a) Each person appointed and commissioned as a notary public shall be at least 18 years of age and a resident of the State of Texas and must not have been convicted of a felony or crime involving moral turpitude.

(b) If the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall:

(1) reject the notary application; or

(2) revoke the notary commission. This should answer your question. Good Luck!

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