Becoming a Nevada notary public is relatively inexpensive compared with many other professional credentials, but applicants with a past charge or conviction face a more complicated question: whether their criminal history prevents the Secretary of State from issuing a commission.
Nevada’s basic notary requirements are easy to find, but the criminal-history restrictions appear elsewhere in the law. The answer does not simply depend on whether someone has a felony or misdemeanor. Instead, Nevada law distinguishes between crimes involving moral turpitude and a separate list of property and dishonesty offenses, and those categories can lead to very different outcomes.
The requirements Nevada publishes, and the disqualifier missing from them
Under NRS 240.015, a Nevada notary public generally must be a Nevada resident, be at least 18 years old, possess the required civil rights, and complete the required course of study.
Those basic qualifications do not themselves explain how a criminal conviction affects eligibility.
The criminal-history restrictions appear in NRS 240.010, which directs the Secretary of State not to appoint certain applicants. The statute applies not only to convictions but also to certain pleas, including guilty, guilty but mentally ill, and nolo contendere, or no contest.
That distinction matters because someone does not necessarily need a traditional conviction after trial for the criminal-history provisions to apply.
The Secretary of State’s public notary guidance focuses primarily on the general appointment requirements and does not provide a detailed explanation of the criminal-history categories.
For someone with an older case, reviewing the actual record before applying is therefore important. Record Sealing Nevada’s guide to getting your SCOPE report explains one way to begin reviewing Nevada criminal-history information.
Unlike some other licensing systems, Nevada’s notary materials do not publish a formal pre-application criminal-history review process, which makes understanding the statutory categories especially important before filing.
Two crime lists, and why felony versus misdemeanor is not the real question
Nevada’s notary law identifies two different criminal-history categories.
The first involves a conviction or qualifying plea to a crime involving moral turpitude.
The second specifically lists burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery, and other crimes involving the misappropriation of another person’s identity or property.
Those two categories do not carry the same consequences.
Nevada law provides a potential route back to eligibility for some applicants whose history involves a crime of moral turpitude, but that route does not apply in the same way to the specifically listed property and dishonesty offenses.
This is why simply asking whether a person has a felony can lead to the wrong conclusion. The nature of the offense, rather than its felony or misdemeanor label alone, can be more important.
Crimes involving moral turpitude
Nevada’s notary statute uses the phrase crime involving moral turpitude, but Chapter 240 does not define that term.
The Secretary of State’s public notary materials also do not provide a detailed list explaining which crimes qualify.
An older Nevada Supreme Court decision, State ex rel. Conklin v. Buckingham, discussed moral turpitude in another legal context and focused on conduct involving wrongful intent or dishonesty.
That case did not involve notary licensing, so it does not create a simple list that applicants can use to determine eligibility.
The lack of a modern notary-specific definition is important. Whether an offense falls within this category may require review of the exact conviction, statute, and circumstances rather than relying on the offense level alone.
The named property and dishonesty offenses
The second category is much more specific.
Nevada law expressly names offenses such as burglary, embezzlement, extortion, forgery, fraud, identity theft, larceny, robbery, and other crimes involving misappropriation of another person’s identity or property.
The statute does not limit those offenses to felonies.
That means the wording potentially reaches some misdemeanor offenses involving theft or dishonesty as well as more serious felony convictions.
This is one reason the common assumption that “felony means disqualified and misdemeanor means eligible” does not accurately describe Nevada’s notary law.
Record Sealing Nevada’s guide to misdemeanor record sealing explains how lower-level Nevada convictions may qualify for sealing under a separate legal process.
The ten-year route and when the clock actually starts
Nevada law provides a potential path to appointment for some applicants whose record involves a crime of moral turpitude. Under NRS 240.010, the applicant must provide proof satisfactory to the Secretary of State that more than 10 years have passed since release from confinement or the end of parole, probation, or sentence, whichever occurred later. The statute also requires completion of any applicable restitution, restoration of the necessary civil rights, and compliance with the separate restrictions involving certain property and dishonesty offenses.
The ten-year period does not necessarily begin on the conviction date, which makes calculating the timeline carefully important. For example, someone who entered a plea in 2016 but remained on probation until 2019 would generally count the ten years from 2019 rather than from the plea date. Applying too early can result in falling short of the statutory threshold. Nevada pardons are a separate form of relief, explained further in Record Sealing Nevada’s Nevada pardon guide.
Is the paperwork submitted under the ten-year provision confidential?
Ordinary Nevada notary filings are generally public records.
However, NRS 240.007 creates an important exception for documents submitted under the criminal-history relief provision in NRS 240.010.
Documents submitted to establish the applicable waiting period, restitution, civil rights, and other required facts under that provision are treated as confidential rather than public information.
That distinction can matter to someone who has kept an older criminal matter private in employment or professional settings.
Sealing and the civil rights the notary statute asks for
Nevada’s notary law requires applicants to possess certain civil rights, and record sealing can affect that requirement. Under NRS 179.285, sealing a qualifying criminal record can restore rights such as the right to vote, the right to hold office, and the right to serve on a jury if they had not already been restored. Record sealing may also become available before the notary statute’s ten-year period expires, with waiting periods varying by offense category. Record Sealing Nevada’s guide to record sealing eligibility and waiting periods explains those timelines in more detail.
Sealing does not resolve every notary-eligibility question automatically. NRS 179.301 allows certain agencies to inspect sealed records in specific circumstances, although the Nevada Secretary of State’s notary function is not expressly listed among those exceptions. The Secretary of State still decides whether an applicant satisfies the appointment requirements, and Nevada law prohibits material misstatements or omissions in a notary application. Applicants with a sealed record should therefore rely on the legal effect of the sealing order and the wording of the application rather than guessing about what must be disclosed.
Applying, renewing, and a charge that arrives later
The basic process for becoming a Nevada notary includes an application fee, required training, an examination, an oath, and a $10,000 surety bond.
Nevada’s official training must satisfy the statutory requirements, and applicants must achieve the required passing score on the notary examination.
A Nevada notary commission is generally issued for a four-year term.
Renewal requires the applicant to go through the applicable state renewal process again rather than simply extending the existing commission automatically.
Record Sealing Nevada’s guide to record sealing and starting a small business explains how removing eligible criminal-history barriers can also intersect with self-employment and professional opportunities.
Does Nevada require fingerprints for a notary application?
Nevada’s published materials are not entirely clear on this question.
NRS 240.030 states that fingerprints may be required by the Secretary of State and describes how they may be forwarded to the Nevada Central Repository and FBI.
Nevada’s administrative regulations contain broader language indicating that applicants must submit fingerprints, while the Secretary of State’s public notary application instructions and fee materials do not prominently list fingerprinting as a standard step.
Because those sources are not fully aligned, applicants with a criminal history should confirm the current procedure directly with the Nevada Secretary of State Notary Division before assuming that a fingerprint-based background check will or will not occur.
That is particularly important for someone with a sealed case, because public sources do not clearly explain how a particular sealed Nevada record would appear in every federal or state background-check system.
What happens if a current Nevada notary gets a new criminal charge or conviction?
The rules for someone who already holds a commission differ from the rules governing a new applicant.
NRS 240.150 gives the Secretary of State authority to suspend or revoke a commission or impose certain civil penalties when the statutory grounds apply.
Revocation generally involves a hearing, although the Secretary of State may take action when necessary to protect the public.
A revocation can also become public through the state’s list of suspended and revoked notaries.
The notary chapter does not provide the same ten-year relief language for someone dealing with discipline during an existing commission that it provides for certain new applicants.
That makes the timing and nature of a new charge or conviction especially important for a current notary.
Frequently Asked Questions
Can I transfer a notary commission from another state to Nevada?
No. A notary commission issued by another state does not simply transfer to Nevada. A person seeking a Nevada appointment must satisfy Nevada’s eligibility requirements and complete the state’s required process. An applicant’s prior notary history can still matter, however, because a commission that was revoked for cause in another jurisdiction may affect eligibility for appointment in Nevada.
Does the $10,000 notary bond protect me from problems related to a criminal record?
No. The $10,000 surety bond is part of the standard Nevada notary appointment process and does not function as a substitute for criminal-history eligibility requirements. It is filed with the appropriate county clerk and applies regardless of whether an applicant has a past criminal case. If an employer purchased the bond and later cancels it after employment ends, the notary may need to obtain a replacement to continue serving.
Can I use my Nevada notary commission for my own business?
A Nevada notary commission belongs to the individual notary, not to the employer that may have paid for training, fees, or the bond. A notary may generally perform authorized notarizations outside regular employment, subject to Nevada’s notary laws and conflict-of-interest restrictions. Separate rules apply when the notary has a personal or financial interest in the document being notarized.
Conclusion
A criminal record does not automatically produce a yes-or-no answer to whether someone can become a Nevada notary. The result depends on the exact offense, whether it falls within Nevada’s moral-turpitude provision or the separately listed property and dishonesty offenses, how much time has passed, whether restitution has been completed, and whether the applicant’s civil rights have been restored.
For some applicants, Nevada law provides a potential ten-year route back to eligibility. For others, the type of conviction may require a different analysis. Record sealing may also restore civil rights and change the legal treatment of qualifying cases, but it should not be treated as an automatic guarantee that a notary commission will be issued.
If a past Nevada charge or conviction is keeping you from applying for a notary commission, contact Record Sealing Nevada to review which parts of your record may qualify for sealing and when the applicable waiting period ends. You can also schedule a confidential consultation with a Las Vegas record sealing attorney to review how your particular record may affect the next step before submitting an application.
