Identifying signers is one of the most important responsibilities of every Notary. But determining if a particular ID is acceptable can be a challenge.
Given the wide variety of IDs in the world, there’s a good chance that you’ll come across an unfamiliar ID at some point.
So how do you determine if it is acceptable? That depends on where you are commissioned. Guidelines vary greatly from state to state, so you will need to be familiar with the ID requirements for your state. These guidelines will determine how much judgment or discretion a Notary must exercise in accepting or refusing an ID, as we shall see. Some states have lists of acceptable IDs for Notaries
Some states — such as California, Florida and Pennsylvania — provide specific lists of IDs. In these states, if the ID is not on the list, the Notary cannot accept it as proof of identity.
California permits Notaries to accept the following forms of identification, provided they are current or issued in the past 5 years:
A California driver’s license or nondriver’s ID
A U.S. passport (or passport card)
An inmate identification card issued by the California Department of Corrections and Rehabilitation if the inmate is in prison or any form of inmate identification issued by a sheriff’s department if the inmate is in custody in a local detention facility
California also permits the following IDs, provided they include a photograph, signature, description of the person and a serial or ID number, and provided they are current or issued in the past 5 years::
A driver’s license or official nondriver’s ID issued by a U.S. state
A Canadian or Mexican driver’s license issued by an appropriate public agency
A U.S. military ID
A valid foreign passport from the applicant’s country of citizenship
An employee ID issued by an agency or office of a California city, county, or city and county
An identification card issued by a federally recognized tribal government
A valid consular identification document issued by a consulate from the applicant’s country of citizenship that meets specific requirements. (Note: Matricula consular cards issued by the government of Mexico do not meet California's statutory requirements.)
Additional California Notary ID requirements are available in the “Identification” section of the state’s official Notary Public Handbook.
In Florida, the list of acceptable IDs includes the following. These IDs must be current or issued within the past five years and include a serial or other ID number:
A Florida identification card or driver’s license
A U.S. passport
A foreign passport if it is stamped by the United States Bureau of Citizenship and Immigration Services
Another state driver’s license or identification card issued by a U.S. state or a territory of the United States
A Canadian or Mexican driver’s license or an identification card
An identification card issued by any branch of the armed forces of the United States
A veteran health identification card issued by the United States Department of Veterans Affairs
An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department
An inmate identification card issued by the United States Department of Justice, Bureau of Federal Prisons, for an inmate who is in the custody of the department
A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized
An identification card issued by the United States Bureau of Citizenship and Immigration Services
Pennsylvania Notaries may accept the following types of ID:
A passport, driver’s license or government-issued nondriver identification card, which is current and unexpired
Another form of government identification issued to an individual, which: (a) is current; (b) contains the signature or a photograph of the individual; and (c) is satisfactory to the notarial officer
If you live in one of these states, rely on the list. You don’t have to exercise much judgment, if any, in deciding whether or not to accept an ID. Other states set Notary standards for acceptable ID A number of states — such as Texas — prescribe specific elements or information an acceptable ID must have.
Notaries in these states must exercise some judgment in determining whether or not to accept an ID presented for notarization. As long as the ID meets the specific guidelines, a Notary may accept it. For example, Texas requires an ID to be current, issued by the U.S. federal government or any U.S. state government and contain the photograph and signature of the signer (CPRC 121.005[a]).
States that don’t offer ID guidance for Notaries Finally, some states have laws that offer little to no guidance about acceptable IDs. The decision of whether or not to accept an ID in these states is left completely to the judgment of the Notary.
Expired or suspicious IDs and Notaries Signers often produce expired IDs. But that doesn’t automatically mean you cannot accept it. Again, it depends on where you are commissioned. Notaries in Iowa, Montana, North Dakota, Oregon and West Virginia, which have enacted the Revised Uniform Law On Notarial Acts (RULONA), may accept an ID up to three years after it has expired.
More than a dozen states, including Arizona, specifically stipulate that IDs must be “current,” “unexpired” or “valid” at the time of notarization; in these states, expired IDs are not allowed. This is a solid guideline to follow if you live in a state that does not specifically spell out what to do in the case of an expired signer ID.
Finally, if you are presented with an unreliable or suspicious ID, the best action you can take is to have your signer provide an alternative form of ID, or use a different method to identify your signer, such as a credible witness or personal knowledge, depending on your state laws.