Key Takeaways
- California notaries MUST maintain a sequential journal of all notarial acts
- Journal may be bound paper or electronic (meeting specific requirements)
- Journal must be kept under the notary's exclusive control
- Only one active journal at a time is recommended
- Journal is an official record and may be subpoenaed
Journal Fundamentals
A California notary's commission was revoked in 2019 when investigators discovered she had been performing notarizations without making proper journal entries. When a fraud scheme unraveled involving forged deeds, there was no way to determine which notarizations were legitimate because her journal was incomplete. She faced civil liability, bond claims, and permanently lost her commission.
The notary journal is not just a bureaucratic requirement—it is your primary legal protection as a notary. When someone claims you improperly notarized a document, your journal is your evidence. When a forged document appears with your seal, your journal proves (or disproves) that you performed the notarization. Think of it as your professional insurance policy.
Why the Journal Matters
Protection for Everyone
| Who | How the Journal Protects Them |
|---|---|
| The Notary | Proof of what actually happened during notarization |
| The Public | Evidence trail to detect and prosecute fraud |
| The Courts | Official record to resolve disputes |
| Law Enforcement | Investigation tool for document fraud |
Your Best Defense
If someone falsely claims you notarized a document:
- With a complete journal: "I can prove I didn't notarize this—see, there's no entry for that date, signer, or document."
- Without a complete journal: "I... don't have any record of whether I did or didn't."
Which position would you rather be in?
California's Journal Requirement
California law requires every notary to maintain a journal of all notarial acts. This is not optional:
| Requirement | Detail |
|---|---|
| Who must keep a journal? | Every California notary |
| For which acts? | ALL notarial acts performed |
| Is it optional? | NO — it's mandatory |
| Consequences of not keeping one? | Commission discipline, revocation, civil liability |
Journal Format Options
California allows two types of journals, each with specific requirements:
Bound Paper Journal
| Requirement | Purpose |
|---|---|
| Pages are sequentially numbered | Prevents page removal |
| Pages are permanently bound | Cannot be rearranged or removed |
| Entries made in ink | Cannot be easily erased |
| No removable pages | Maintains record integrity |
Advantages:
- No battery or technology issues
- Familiar and easy to use
- Widely accepted and understood
Disadvantages:
- Can be damaged by water or fire
- Takes up physical space
- Harder to search through old entries
Electronic Journal
| Requirement | Purpose |
|---|---|
| Security features prevent tampering | Ensures record integrity |
| Entries must be retrievable | Records accessible when needed |
| Must be printable | Courts may require paper copies |
| Specific technological requirements | Meets California's standards |
Advantages:
- Easy to search and retrieve entries
- Automatic backups possible
- Takes up no physical space
Disadvantages:
- Technology failures possible
- Must meet strict security requirements
- More expensive initially
Key Point: Whether paper or electronic, the journal must be tamper-proof. You cannot use a regular notebook or a simple spreadsheet.
Exclusive Control Requirement
Your journal must be kept under your exclusive control at all times—just like your notary seal:
| Rule | Reason |
|---|---|
| Only you may make entries | Prevents unauthorized records |
| Store in a secure, locked location | Protects against theft |
| Never allow others to access the journal | Maintains confidentiality |
| Protect confidential information | Privacy protection |
What This Means Practically:
- Lock it up at night
- Don't leave it in your car
- Never let someone else write in it
- Keep it separate from public documents
One Journal at a Time
While not strictly prohibited, maintaining only one active journal at a time is strongly recommended:
| Recommendation | Why |
|---|---|
| One active journal | Prevents confusion |
| Sequential entries | Ensures complete record |
| Simpler record-keeping | Easier to manage |
| Easier to secure | Only one book to protect |
Exception: Some notaries who work in multiple locations (like mobile notaries) find they need to carry one journal with them while leaving another at their office. This is allowed but requires extra care to maintain complete records.
Official Record Status
Your notary journal is an official public record:
| Status | Implication |
|---|---|
| May be subpoenaed by courts | Must comply with legal requests |
| Must be provided to law enforcement | Upon proper legal request |
| Supports or refutes fraud claims | Critical evidence |
| Protects both parties | Notary and public |
Practical Reality: When there's a lawsuit involving a notarized document, your journal may be the most important piece of evidence. Courts and attorneys frequently request journal entries to verify that notarizations were properly performed.
Journal Retention Period
| Requirement | Duration |
|---|---|
| Minimum retention | 7 years after last entry |
| When to dispose | Only after 7 years AND commission ended |
| How to dispose | Securely (shred or destroy) |
On the Exam
Expect 2-3 questions on journal fundamentals. Key points tested:
- Mandatory: Journal is REQUIRED for ALL notarial acts
- Format options: Bound paper OR electronic (both acceptable)
- Exclusive control: Only the notary may access or make entries
- Retention: Minimum 7 years after last entry
- Public record: May be subpoenaed
Is a notary journal required in California?
Which journal format is acceptable in California?