Key Takeaways

  • Retain journal for at least 7 years after the last entry
  • Upon resignation or revocation, deliver journal to county clerk within 30 days
  • Respond to subpoenas for journal records
  • Provide copies of journal entries to signers upon written request
  • Report lost or stolen journal to Secretary of State within 5 business days
Last updated: January 2026

Journal Retention & Access

A notary retired after 25 years of service and decided to throw out her old journals. "I'm done with all that," she thought. Two years later, a property dispute went to court, and attorneys needed her journal entries from a notarization she'd performed 4 years prior. Without those records, she could not prove the notarization was proper—and the property owner faced a devastating legal challenge with no evidence to support their claim.

Your journal isn't just important during your active commission—it remains a critical legal record for years afterward.

The 7-Year Retention Requirement

California law requires you to retain your journals for a minimum of 7 years after the date of the last entry in that journal:

RequirementDetails
Minimum retention7 years after last entry
Counts fromDate of LAST entry (not first)
During retentionKeep journals secure and accessible

Example: If you made your last entry in a journal on January 15, 2025, you must retain that journal until at least January 15, 2032.

During the Retention Period

ResponsibilityWhy
Keep journals in a secure locationPrevent theft or unauthorized access
Protect from damage, loss, or theftPreserve evidentiary value
Be prepared to provide records if requestedLegal compliance

What Happens When Your Commission Ends

Different rules apply depending on whether you renew your commission:

If You DO NOT Renew

Action RequiredDeadline
Deliver all journals to the county clerk30 days
In the county of your principal place of businessSame county where you practiced
Journals become public recordsMaintained by county clerk

Key Point: You must deliver journals to the county clerk, NOT the Secretary of State. This is a common exam trick question.

If You DO Renew Your Commission

ActionDetails
Keep your existing journalsContinue using them
Start a new journal or continue the old oneYour choice
Maintain 7-year retentionFor ALL journals

Practical Tip: Most notaries who renew continue using the same journal until it's full, then start a new one. Keep old journals secured for the required 7 years.

Responding to Subpoenas

Your journal is an official record subject to subpoena. You may receive subpoenas from:

SourceContext
CourtsCivil or criminal cases
Law enforcementFraud investigations
AttorneysLitigation discovery

How to Respond to a Subpoena

StepAction
1Verify the subpoena is valid and properly served
2Comply with the legal request
3Provide the original journal OR certified copies
4Protect confidentiality of unrelated entries if possible

Key Point: You must comply with valid subpoenas. Refusing to produce your journal when legally required can result in contempt of court.

Protecting Other Entries

When responding to a subpoena:

  • You may request that only the relevant entries be disclosed
  • Redaction of unrelated entries may be possible
  • Consult an attorney if you have concerns about privacy

Providing Copies to Signers

Signers have a right to obtain copies of their journal entries:

RequirementDetails
Request must be in writingVerbal requests insufficient
Notary may charge a reasonable feeCover copying costs
Provide copy within a reasonable timeDon't unreasonably delay
Cannot unreasonably deny accessIt's their right

What to Provide

ProvideDo NOT Provide
Copy of that signer's entryEntries of other signers
Information about that transactionUnrelated entries
Date, document type, ID usedOther clients' private info

Practical Tip: Mask or cover other entries when making a copy of a specific entry.

Lost or Stolen Journal

If your journal is lost, stolen, or destroyed, you must act quickly:

StepActionDeadline
1Notify the Secretary of State in writing5 business days
2Describe the circumstancesIn your notification
3File a police reportIf theft is suspected
4Document steps to prevent future lossesFor your records

What to Include in Your Notification

ElementExample
Date of discovery"I discovered the loss on January 10, 2025"
Circumstances"My bag was stolen from my car"
What was lost"Bound journal #3, covering dates 7/2024-1/2025"
Actions taken"Filed police report #12345"

Critical Deadline: 5 business days—not calendar days. Weekends and holidays don't count.

Summary: Key Deadlines

EventDeadlineReport To
Minimum journal retention7 years after last entryN/A
Deliver to clerk (resignation/expiration)30 daysCounty Clerk
Report lost/stolen journal5 business daysSecretary of State

On the Exam

Expect 2-3 questions on journal retention and access. Key points tested:

  • 7 years: Minimum retention period after last entry
  • 30 days: Deadline to deliver journal to county clerk (if not renewing)
  • County clerk: NOT Secretary of State for journal delivery at end of commission
  • 5 business days: Report lost/stolen journal to Secretary of State
  • Written request: Required for signers to get copies of their entries
Loading diagram...
Journal Retention and Disposition
Test Your Knowledge

How long must a notary retain their journal after the last entry?

A
B
C
D
Test Your Knowledge

When a notary resigns and does not renew, where must the journal be delivered?

A
B
C
D
Test Your Knowledge

Within how many days must a lost or stolen journal be reported to the Secretary of State?

A
B
C
D
Test Your Knowledge

Can a signer request a copy of their journal entry?

A
B
C
D