Section 3.8 - Notary Journal Care

Like the notary seal, the sequential journal must be kept in a locked and secured area (such as a lock box or locked desk drawer), under the direct and exclusive control of the notary public. (Government Code section 8206(a)(1)) Also like the notary seal, the sequential journal is the exclusive property of the notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. (Government Code section 8206(d))

The notary public shall not surrender the journal to any other person, except the county clerk, pursuant to Government Code section 8209, or to a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, who has reasonable suspicion to believe the journal contains evidence of a criminal offense and who has requested the journal in support of his or her investigation. In this case, the journal must be surrendered to the peace officer immediately, if available, or as soon as possible, if not presently available. Willful failure of the notary public to provide the journal when requested is punishable by a civil penalty up to $2500.

The notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by certified mail or any other means of physical delivery that provides a receipt within 10 days that the journal was relinquished to a peace officer. The notification shall include the period of the journal entries, the commission number of the notary public, the expiration date of the commission, and a photocopy of the receipt. The notary public shall obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the notary public and a new journal has been obtained, the notary public shall not make new entries in the returned journal. (Government Code section 8206(d))

If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public must immediately notify the Secretary of State by certified or registered mail or any other means of physical delivery that provides a receipt. The notification must include the periods of journal entries, the notary public commission number, the commission expiration date, and, when applicable, a photocopy of the police report that lists the journal. (Government Code section 8206(b))

Within 30 days from the date the notary public commission is no longer valid, the notary public must deliver all notarial records and papers to the county clerk’s office where the oath is on file. If the notary public willfully fails or refuses to do so, the notary public is guilty of a misdemeanor, and shall be personally liable for damages to any person injured by that action or inaction. (Government Code section 8209) Any notarial records and papers delivered to the Secretary of State will be returned to the sender.