Legal Question in Criminal Law in Iowa
I got a deferred judgment on a felony forgery charge 20 years ago. Am i eligible to apply for a notary license in the state of Iowa?
1 Answer from Attorneys
This is an interesting question and I assume the case was in Iowa. . First of all, Chapter 9B sets out the general requirements for a notary and 9B23 sets out the basis for refusal to grant a commission as a notary. .
Chapter 907.3 sets out the important requirements for a deferred judgment. If you have successfully completed all your requirements-that is, paid all fines, court fees, and court ordered restitution and obtained a court order that transfers the record to the deferred judgment docket, you can legitimately say you have never been convicted of this charge.
On the other hand, if you have any other convictions of any sort since that time you may find you have problems. Also, the fact that forgery is generally treated as a crime of dishonesty could hamper you.
You must also make sure that the record of the judgment has been expunged-as much as is possible in Iowa which means obtaining a court order sending it to the deferred judgment docket.
I would consult with an attorney who can serve as a go between between you and the Secretary of State office-this needs to be handled properly.
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