Washington Notary Background Check — Eligibility and Disqualifying Offenses
How Washington Evaluates Notary Applicants
Washington's notary commissioning system relies on a background check rather than an exam. The Department of Licensing verifies your eligibility under the standards in RCW 42.45.200 and the disciplinary framework in RCW 42.45.210. There is no state-mandated test to pass, no coursework to complete — but you do need to clear the background screening.
The DOL cross-references your application against criminal records and disciplinary databases. This process is part of the standard 10–14 business day online processing window (or approximately 30 days for paper applications).
Baseline Eligibility Requirements
Before the background check even comes into play, you must meet four threshold requirements:
- Age: At least 18 years old
- Language: Able to read and write English fluently
- Residency or employment: Legal residence in Washington, or a physical place of employment or practice within the state
- No disqualifying disciplinary history: Not currently barred from licensing under RCW 42.45.210 or the Uniform Regulation of Business and Professions Act (RCW 18.235)
The residency requirement expanded in 2024. House Bill 1889, effective July 1, 2024, removed the citizenship and lawful permanent residency requirements for notary applicants. Under current law, immigration status cannot be used to deny a commission. Applicants without a Social Security Number can leave that field blank and use an ITIN instead.
What Can Disqualify You
The DOL evaluates criminal history under a case-by-case framework rather than an automatic disqualification list. Factors the department considers include:
- Nature of the offense: Fraud, forgery, identity theft, and crimes involving dishonesty are the highest-concern categories because they directly relate to the trust function of a notary public
- Severity: Felony convictions carry more weight than misdemeanors
- Recency: Recent offenses are weighted more heavily than older ones
- Rehabilitation: Evidence of rehabilitation, completion of sentencing requirements, and time since the offense factor into the decision
- Relevance to notary duties: Offenses that relate to document fraud, financial crimes, or abuse of a position of trust are most likely to result in denial
A criminal conviction does not automatically disqualify you. The DOL evaluates the totality of the circumstances. But convictions for fraud, forgery, or document-related crimes create the hardest path to approval, because those offenses strike at the core of what a notary is entrusted to do.
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The Disciplinary Standards
Beyond criminal history, the DOL can deny or revoke a commission under RCW 42.45.210 for:
- Performing a notarial act outside Washington's jurisdiction
- Performing notarial acts while your commission is expired or suspended
- Using the term "Notario" or foreign-language equivalents without being an attorney
- Engaging in unauthorized practice of law
- Failing to maintain your surety bond
- Any conduct that constitutes grounds for discipline under RCW 18.235.130 (the state's general professional licensing disciplinary statute)
These disciplinary grounds apply both to applicants (as a basis for denial) and to active notaries (as a basis for suspension or revocation).
Private-Sector Background Checks Are Separate
The DOL background check is a state licensing function. If you plan to work as a notary signing agent for title companies or signing services, many of those organizations require their own independent background screening — typically through the National Notary Association or a third-party service.
The scope of these private background checks varies by company. They serve the company's risk management needs, not the state's licensing requirements.
Passing the DOL background check does not guarantee you will pass a private-sector screen, and vice versa. They are independent processes with different standards.
If Your Application Is Denied
If the DOL denies your commission application based on background check results, you will receive a written denial with the specific basis for the decision. You have the right to request a hearing to contest the denial under the Administrative Procedure Act.
Gathering documentation of rehabilitation — completion of probation, character references, professional certifications, and community involvement — strengthens a hearing case. The DOL has discretion to approve applicants whose criminal history would otherwise raise concerns, if the evidence of rehabilitation is compelling.
The Washington Notary Commission guide covers the full eligibility framework, including the specific types of convictions that create the most friction and the documentation that strengthens a borderline application.
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