Can You Become a Colorado Notary With a Criminal Record?

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If you have a criminal record and want to become a notary in Colorado, the answer depends on what you were convicted of and when it happened. Colorado does not automatically disqualify everyone with a record, but certain offenses give the Secretary of State grounds to deny your application.

What Colorado Law Says

Under CRS 24-21-523, the Secretary of State has the authority to deny, suspend, or revoke a notary commission for several reasons. On criminal history, the SOS may deny your commission if you have been convicted of any felony, or if you have been convicted of a misdemeanor involving dishonesty within the past five years.

Felony convictions have no time limit. A felony from 20 years ago still gives the SOS grounds to deny your application. Misdemeanors involving dishonesty are only disqualifying if they occurred in the prior five years. After five years, a dishonesty misdemeanor no longer counts against you under this statute.

The word “may” matters. The statute gives the Secretary of State discretionary authority. This means a conviction does not guarantee a denial, but it gives the SOS a legally valid reason to deny if they choose.

Which Convictions Matter

Felony convictions (no time limit)

Any felony conviction, regardless of when it occurred, gives the SOS grounds to deny your commission. gives the SOS grounds to deny your commission:

• Forgery or identity theft
• Embezzlement or fraud
• Theft above the felony threshold
• Drug felonies
• Assault or other violent crimes
• Burglary or robbery
• Felony DUI

Misdemeanor dishonesty convictions (five-year lookback)

Only misdemeanors involving dishonesty, fraud, or deceit count, and only if they occurred in the five years before your application. Examples include:

• Passing bad checks
• Petty theft or shoplifting
• Fraudulent misrepresentation
• Insurance fraud
• Filing a false police report

If your dishonesty misdemeanor conviction is more than five years old, it no longer gives the SOS grounds to deny under this statute. A misdemeanor DUI, simple drug possession, or traffic violation would not disqualify you at all, regardless of timing, because those offenses do not involve dishonesty.

Other Grounds for Denial

CRS 24-21-523 also allows the SOS to deny commissions for non-criminal reasons, including:

• A finding against you in any legal proceeding based on fraud, dishonesty, or deceit (even without a criminal conviction)
• A substantial misstatement or omission on your notary application
• Having a notary commission revoked or denied in another state
• A court finding that you engaged in the unauthorized practice of law
• Failure to comply with Colorado’s notary statutes or SOS rules

What the Application Asks

The Colorado notary application asks about your criminal history. You must answer truthfully. A false statement on the application is itself grounds for denial or revocation under CRS 24-21-523(1)(b), and it could expose you to perjury charges.

If you disclose a conviction, the Secretary of State’s office will review your application manually. They may request court documents, disposition records, or sentencing information. This can add weeks to the processing time.

Arrests vs. Convictions

An arrest alone does not disqualify you. Only convictions matter under CRS 24-21-523. If you were arrested but charges were dropped, dismissed, or you were acquitted, those events do not count.

Deferred judgments are a gray area. In Colorado, a deferred judgment means you pled guilty but the conviction was never formally entered if you completed the terms. If the deferred judgment was successfully completed and dismissed, you may be able to answer “no” to the conviction question. Check with the Secretary of State’s office or an attorney before applying.

Out-of-State Convictions

Colorado’s disqualification rules apply to convictions from any state, not just Colorado. If you have a felony or recent dishonesty misdemeanor from another jurisdiction, the same rules apply.

If Your Commission Is Revoked

CRS 24-21-523(6) states that a person whose notary commission has been revoked “may not apply for or receive a commission and appointment as a notary.” This is permanent. If you lose your commission through revocation, you cannot get it back. This is different from an initial denial, where you may be able to reapply if your circumstances change.

Steps to Take Before Applying

1. Get your court records together. Obtain certified copies of the judgment, sentencing order, and any discharge or completion documents for each conviction.
2. Determine if your conviction is disqualifying. Any felony counts. Misdemeanors involving dishonesty count only if they occurred in the past five years. Other misdemeanors do not count.
3. Answer honestly on the application. Disclose what is required and include court documents showing the disposition of each case.
4. Complete the required training and exam. Colorado requires notary training from an approved provider and passage of the state exam before you can apply. Our Colorado notary training course covers everything you need to know, including ethics and legal obligations.

Common Questions

Can I become a notary with a DUI in Colorado?

A misdemeanor DUI does not involve dishonesty, so it would not disqualify you. A felony DUI is a felony conviction, which gives the SOS grounds to deny your application. Whether they actually deny it depends on their review.

Does a sealed or expunged record count?

Colorado allows you to answer “no” to questions about sealed or expunged records in most contexts. If your record has been formally sealed or expunged under Colorado law, you generally do not need to disclose it on the notary application. Confirm with an attorney for your specific situation.

What if my misdemeanor conviction happened six years ago?

If it was a misdemeanor involving dishonesty, the five-year lookback period in CRS 24-21-523(1)(c) means it no longer gives the SOS grounds to deny your application. You would answer honestly about it if asked, but the statute’s disqualification window has closed.

Will the Secretary of State deny me automatically?

No. The statute says the SOS “may” deny, not “shall” deny. The Secretary of State has discretion. If you disclose the conviction and provide complete court records, they will review your application and make a decision. Some applicants with older felony convictions have been approved.

Can I become a signing agent with a criminal record?

Signing agent requirements go beyond notary commission requirements. Most title companies and signing services require a background check through the NNA, which has its own standards. Even if Colorado grants you a notary commission, some companies may decline to work with you depending on the nature of the conviction.