Legal Question in Criminal Law in California

Are there any cases in California where the appeal of Government Code 8214.1(b), was won? I was denied a commission because I was convicted five years ago of doing business without a license which was a municipal misdemeanor. Is this a valid reason for denial?


Asked on 9/15/09, 10:13 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

California Government Code � 8214.1(b) allows the Secretary of State to deny a notary public license to people convicted of any felony, a crime involving moral turpitude (dishonesty) or "or a lesser offense of a nature incompatible with the duties of a notary public."

Based on that language, the Secretary of State has broad discretion whether to grant of deny a notary commission. You would have to prove it was an abuse of discretion, or that your offense didn't fall within the grounds for exclusion.

You posted this under criminal law, but it is more of an administrative law/licensing question. I would strongly encourage you to find an attorney who practices in this area as soon as possible. There may be very short deadlines to challenge the denial of your commission.

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Answered on 9/16/09, 11:51 am


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