Who Cannot Be a Notary in New York — Eligibility and Disqualifications

The Basic Eligibility Requirements

New York sets four baseline qualifications under Executive Law § 130. If you meet all four, you are eligible to sit for the exam and apply for a commission:

Age: You must be at least 18 years old at the time of application. There is no upper age limit.

Residency or business presence: You must either reside in New York State or maintain an office or place of business within the state. This means non-residents can qualify if they maintain a New York office or place of business.

Education: You must possess a "common school education" or its equivalent. This is essentially a basic literacy standard — the statute does not require a high school diploma, college degree, or any specific credential.

English proficiency: You must have sufficient command of English to read and understand the laws governing notarial acts and to administer oaths. The exam is offered in several languages (Spanish, Haitian-Creole, Italian, Korean, Russian, and Chinese), but the underlying legal materials are in English and the notary must be able to work with English-language documents.

Criminal History Disqualifications

Under Corrections Law Article 23-A, individuals convicted of a felony or certain misdemeanors are generally disqualified from receiving a notary commission. The DOS evaluates criminal history on a case-by-case basis, weighing the nature of the offense, how long ago it occurred, and whether it directly relates to the duties of a notary public.

A conviction does not always mean permanent disqualification. The DOS can approve an applicant with a criminal record if they hold one of the following:

• Certificate of Relief from Disabilities — a rehabilitative certificate that can remove certain licensing disabilities.
• Certificate of Good Conduct — a rehabilitative certificate that can address licensing restrictions for qualifying criminal records.
• Executive pardon — a formal pardon from the Governor that explicitly restores eligibility for the notary commission.

If you have a criminal record and are uncertain whether it disqualifies you, the practical approach is to apply and let the DOS make the determination. The application asks background character questions, and complete, honest disclosure is critical.

The Citizenship Question

New York's original notary statute references U.S. citizenship as a requirement. However, the U.S. Supreme Court's decision in Bernal v. Fainter (1984) established that states cannot deny a notary commission based on citizenship status. As a result, New York accepts applications from permanent resident aliens (green card holders) who meet all other qualifications.

The practical implication is that lawful permanent residents are eligible. Applicants on temporary visas, DACA recipients, and undocumented individuals face a more complicated situation — the statute and case law do not clearly address these categories, and the DOS has not published formal guidance. If you are in a non-permanent immigration status and want to apply, consulting an immigration attorney before filing is advisable.

Non-Residents With a New York Office

The residency requirement has a built-in exception for non-residents who maintain an office or place of business in New York. If you live in New Jersey or Connecticut but have an office in Manhattan, you can qualify for a New York commission based on the office location. Your qualifying county would be the county where the office is located, not where you live.

If you lose that office — the business closes, you switch to remote work, or the lease ends — you must notify the DOS of the address change within five days. If you no longer maintain either a New York residence or a New York office or place of business, the commission is automatically canceled.

Who the State Will Not Commission

To summarize the disqualifications:

• Anyone under 18
• Anyone who is neither a New York resident nor someone who maintains a New York office or place of business
• Anyone whose felony or disqualifying misdemeanor conviction is disqualifying under Corrections Law Article 23-A and who has no applicable Certificate of Relief, Certificate of Good Conduct, or executive pardon
• Anyone who lacks basic English proficiency sufficient to administer oaths and understand notarial law

There is no disqualification based on profession, education level (beyond basic literacy), or prior notary experience in another state. The barriers are set intentionally low — the exam and the compliance obligations are where the state filters for competence.

For the full step-by-step commissioning process, including exam logistics, oath execution, and post-appointment requirements, the New York Notary Commission guide covers each phase in detail.

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