Work as a notary public comes with specific record-keeping obligations that might vary substantially from state to state. In most cases, however, notaries are either required or strongly encouraged to keep an up-to-date journal.

What is a notary journal? It is a book of records kept by notaries to document all their professional activities. Even after mastering the intricacies of filling out a journal, many professionals have critical questions about what, specifically, they should do with it.

The following guidelines provide general answers to these questions, but it is important to note that the rules and regulations that govern notarization are determined at the state level in America.

Therefore, notaries must check their relevant state laws to ensure that they are following proper record-keeping protocols.

Where to Store a Notary Journal

Safe journal storage is the sole responsibility of the notary who keeps it. Even if you keep your journal at your place of employment, you must protect it from theft or tampering by keeping it locked away in a secure drawer or safe.

Even if your employer paid for your journal, that book and the records within it are your property and yours alone. When you leave a place of employment, you are both entitled and obligated to take your journal with you.

Unless you live in Arizona, Colorado, or Oregon, your employer cannot legally keep your journal after your departure.

Even if you do live in one of those states, an employer can usually only request your journal under specific circumstances. Arizona notary law (A.R.S. § 41-319(E)) says an employer can only take your journal if you performed non-public notarizations for the company.

How Long to Keep a Notary Journal

One of the primary purposes of a notary's records is to provide an audit trail that can prove extremely useful when investigating cases of fraud. Because they contain a wealth of information that can verify the details of specific notarizations, record-keeping books are often requested for formal audits. Among other things, journal entries can help confirm the nature of specific documents as well as the identities of signers.

Because some documents (for example, mortgage agreements) include terms with long lifespans, we generally recommend keeping journals for at least 10 years from the date of the last entry.

Some states, like New York, make this 10-year storage period mandatory. Others require journal submission to local government offices within a specified timeframe.

California law (Government Code 8209), for example, sets a different retention period for notary public records. It states that anyone who no longer wants to be a notary must hand over all journals and records to their county clerk within 30 days of their commission expiration date.

Rules for Disposal

Because notarizations may be questioned many years after they are performed, keeping journals permanently can provide critical evidence to protect a notary from accusations of fraud. So, you should think twice before disposing of any journal, even if it is well over a decade old.

But, if you've been working as a notary for a while, then odds are you have a few full journals lying around your house or workspace. What can you do with them?

In addition to this general Q&A, you should check specific state laws for regional disposal regulations.

What if someone requests access to my journal?

Because a journal records the vital details of who was involved with a notarization, a notary may be asked to share that information for a government audit, document verification, or legal case.

If you are ever asked to share a journal entry, don't worry! Remember these general tips to help ensure you comply with the law while respecting your client's privacy.

Always follow your state's notary guidelines for sharing journal entries.

In Texas, for example, the law (Tex. Gov't Code §406.014) states that a notary's journal entries are public information, and a notary must provide a copy to anyone who submits a proper request.

If your state's laws don't mention anything about this situation, contact the governing body that regulates notarizations for guidance.

Note: If served with a subpoena or court order requesting access, we recommend complying with all terms.

Get the request in writing!

To protect your clients and yourself, it's best practice to require as much detail as possible with a written request.

Make sure the person making the request includes a name, specific dates, and the type of documents that were notarized.

Don't overshare.

Protect the privacy of your former clients by only sharing entries related to the request. Always hide all unrelated entries when sharing your journal unless you live in Texas or Nevada, where every entry is considered public information.

Can I throw my journals away?

Under no circumstances should you throw an old record-keeping journal in the trash. A few states, like Hawaii, can fine you up to $500 if you do so.

These journals serve to protect you against potential lawsuits, but they also contain highly sensitive information about your clients.

If a journal falls into the wrong hands, your client's identity could be at risk. Even if you've been a notary for 20 years and completed journals are stacking up, you should never throw them away.

Can I destroy a journal?

If your state doesn't require you to return your journal but has a specific retention period, you should be able to deface and destroy your journal once that retention period has ended. Massachusetts makes former notaries keep their journals for seven years. After that time, they can safely destroy old journals.

However, not every state allows this, so it is best to check before you do anything permanent.

Dealing with Misplacement or Loss

When a notary public loses a journal or suspects that it has been stolen, that notary must immediately notify all relevant government and notary commission offices.

Then, the notary must report the loss to any employers or clients that might be affected by the lost journal. Finally, the notary must replace the lost journal.

After a Notary's Death

Most states don't have specific rules for death and use the same requirements for all former notaries. However, there are some exceptions.

In Texas, the deceased notary's records and public papers must be turned in to their county clerk's office.

A representative of a deceased notary in Hawaii must deliver the seal and all other public supplies to the state attorney general's office within 90 days of the notary's death. Not doing so in time can result in a fine of up to $200.

If You Need a New Journal

A well-kept book of notarization records can prevent fraud and ensure the lasting validity of documents. It can also protect the notary who keeps it, providing evidence of adherence to proper procedures.

However, your record-keeping book cannot perform these functions if it is lost or disposed of. Furthermore, it can serve as a tool for fraud and false accusations if it is stolen or otherwise falls into the wrong hands.

If you need a new journal, our Notary Record Book with Thumbprint Area allows you to record all your notarial acts with details that extend to the inked thumbprints of document signers.