Maine Notary Background Check

Maine Uses Self-Disclosure, Not a State Background Check

Maine does not run a formal criminal background check through a law enforcement database as part of the notary application process. Instead, the state relies on applicant self-disclosure. The paper application includes specific questions about your criminal history and prior disciplinary actions, and you're required to answer them truthfully under oath.

This means no fingerprinting, no FBI database query, and no waiting for a background check to clear. But it also means that falsifying your disclosure is itself a disqualifying act — and one that can result in criminal penalties, commission revocation, and a notation that makes future applications extremely difficult.

What Disqualifies You

Maine law sets clear thresholds for criminal history that make an applicant ineligible for a notary commission:

Automatic disqualifiers:

• A conviction for any crime punishable by one year or more of imprisonment (a felony or serious misdemeanor under Maine's classification system) — regardless of when the conviction occurred
• A conviction within the past 10 years for any lesser offense involving fraud, dishonesty, or deceit

Administrative disqualifiers:

• A finding of administrative liability based on fraud, dishonesty, or deceit by any government agency or regulatory body
• Having a notary commission revoked or suspended for cause in any U.S. jurisdiction within the past five years

The 10-year lookback for fraud-related lesser offenses means that older convictions may eventually stop being disqualifying — but only for the minor offenses. A felony conviction carries no time limit on disqualification.

What Counts as "Fraud, Dishonesty, or Deceit"

The statute doesn't provide an exhaustive list, but the categories it targets are clear:

• Fraud offenses — identity theft, wire fraud, mail fraud, insurance fraud, securities fraud
• Dishonesty offenses — perjury, false statements to government agencies, falsifying records
• Deceit offenses — forgery, counterfeiting, impersonation, passing bad checks with fraudulent intent

A DUI, simple assault, or traffic violation typically wouldn't fall under this category. But context matters — a charge that involves deceptive conduct (fraudulent use of a license, for example) could qualify even if the statutory name of the offense doesn't obviously signal dishonesty.

If you're uncertain whether a past conviction falls within the fraud/dishonesty/deceit category, consulting a Maine attorney before applying is the safer path. Disclosing a borderline offense and letting the Secretary of State make the determination is far better than concealing it and facing revocation later.

The Disclosure on the Application

The paper application includes a section where you must disclose:

1. Whether you have ever been convicted of a crime punishable by one year or more of imprisonment
2. Whether you have been convicted within the past 10 years of any offense involving fraud, dishonesty, or deceit
3. Whether you have been the subject of any administrative liability findings based on fraud, dishonesty, or deceit
4. Whether any notary commission you held in any state has been revoked or suspended for cause within the past five years

You must answer every question completely. If any answer is "yes," you should provide a written explanation describing the circumstances, the jurisdiction, the date, and the disposition of the matter. The Secretary of State reviews disclosures on a case-by-case basis — a disclosure doesn't automatically result in denial if the offense falls outside the disqualifying thresholds.

Consequences of Non-Disclosure

The application is signed under oath before an active notary public, making false statements a matter of sworn testimony. If the Secretary of State later discovers undisclosed criminal history — through a complaint, a random audit, or a public records check — the consequences escalate significantly:

• Commission revocation for failure to meet eligibility requirements
• Potential criminal charges for making false sworn statements
• Permanent notation in your state administrative record, making future applications for any commission extremely difficult

Renewals and the Ongoing Duty

The criminal history standards don't just apply at initial commissioning. They remain in effect throughout your seven-year (or four-year for NH residents) commission term. If you're convicted of a disqualifying offense while commissioned, you have an obligation to report it. The Secretary of State can suspend or revoke an active commission based on post-appointment criminal conduct.

At renewal time, the online application through the Total Notary Solution portal includes updated disclosure questions. The same honesty standard applies.

Expunged or Sealed Records

Maine follows its own rules on expungement and record sealing. If a conviction has been properly expunged or sealed under Maine law or the law of the jurisdiction where the conviction occurred, you may not be required to disclose it — but this depends on the specific expungement order and its terms. When in doubt, disclose and attach a copy of the expungement order to your application.

The Maine Notary Commission Requirements Guide walks through the complete eligibility requirements including criminal history thresholds, the application disclosure section, and what to do if you have a borderline history that might affect your commissioning.

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