4.3 Record Retention and Disposal

Notary Public Certification Exam

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1 Introduction: The Notary Public Profession

What Is a Notary Public? Becoming a Notary Public: Requirements Overview

2 Chapter 1: Notarial Acts — Fundamentals

1.1 Overview of Notarial Acts 1.2 Acknowledgments 1.3 Jurats (Verification on Oath or Affirmation) 1.4 Oaths and Affirmations

3 Chapter 2: Notarial Acts — Advanced Types

2.1 Copy Certifications 2.2 Signature Witnessing 2.3 Protests of Negotiable Instruments 2.4 Depositions and Affidavits

4 Chapter 3: Signer Identification & Verification

3.1 Satisfactory Evidence of Identity 3.2 Handling Name Discrepancies 3.3 Assessing Willingness and Awareness

5 Chapter 4: Journal Keeping & Record Requirements

4.1 Notary Journal Requirements 4.2 Electronic Journals 4.3 Record Retention and Disposal

6 Chapter 5: Notary Seal & Certificate Requirements

5.1 Notary Seal and Stamp Specifications 5.2 Notarial Certificates and Wording

7 Chapter 6: Prohibited Acts & Ethical Obligations

6.1 Unauthorized Practice of Law (UPL) 6.2 Conflicts of Interest and Impartiality 6.3 When and How to Refuse Notarizations

8 Chapter 7: Fees, Bonds & Insurance

7.1 Notary Fee Schedules 7.2 Surety Bonds 7.3 Errors and Omissions (E&O) Insurance

9 Chapter 8: Remote Online Notarization (RON)

8.1 RON Fundamentals and History 8.2 RON Identity Verification Methods 8.3 RON Procedures, Recording, and State Compliance

10 Chapter 9: Special Situations & Accommodations

9.1 Foreign Language Signers 9.2 Signers with Disabilities 9.3 Elderly Signers and Diminished Capacity 9.4 Power of Attorney and Representative Signers

11 Chapter 10: Notary Signing Agent (NSA) Specialty

10.1 What Is a Notary Signing Agent? 10.2 Key Loan Documents

12 Chapter 11: State Variations & Compliance

11.1 Key State Variations Overview 11.2 Apostilles and Authentication 11.3 Commission Changes, Renewal, and Revocation

13 Chapter 12: Liability, Penalties & Best Practices

12.1 Notary Liability and Legal Consequences 12.2 Notary Best Practices Checklist 12.3 Exam Preparation Strategies

4.3 Record Retention and Disposal

Key Takeaways Explain This Topic AI

Notary records must be retained for the period set by state law — commonly 5, 7, or 10 years, and the period often continues after the commission ends

California requires completed journals to be kept 10 years after the last entry and delivered to the county clerk within 30 days when the commission ends (Gov. Code 8209)

RON audiovisual recordings are separately retained — the model standard is 10 years, but some states set 5 (Virginia; the Texas statute, though the Texas SOS online course says 10) or 7

If a notary dies, the personal representative (executor or administrator) must deliver the journal to the proper authority

Records must never be destroyed before the retention period ends and any required state procedures are followed

Last updated: November 2026

Records Are Official and Long-Lived

Notary records — the journal and, for RON, the audiovisual recording — are official records that must be maintained, retained, and eventually surrendered exactly as state law directs. Mishandling them can expose the notary to discipline, civil liability, and even criminal penalties in some states. The governing principle: you keep the records securely for the full statutory period even after you stop notarizing, and you never destroy them on your own initiative.

Retention Periods Vary by State

The required holding period is set by statute and differs widely:

Retention Period Typical examples

5 years Shorter-retention states; Virginia for RON recordings; the Texas statutory minimum (the Texas SOS online course says 10 years)

7 years A common middle standard, including some RON-recording rules
10 years California journals (after the last entry); Florida RON recordings
Life of the commission, then surrender Some states require holding through the term, then delivery

The California rule is the most-tested benchmark. Under California Government Code section 8209, a completed journal must be retained for 10 years after the date of the last entry , and when the commission ends the notary must deliver the journal to the county clerk of the county where the notary's principal place of business is located within 30 days . The county clerk then keeps it for at least 10 years.

RON Recordings Are Retained Separately

Because the signer is not physically present, RON statutes require the session to be recorded, and that audiovisual recording is retained on its own schedule apart from the journal. The widely cited model standard is 10 years ; Florida likewise mandates 10 years. Several states are shorter — Virginia requires 5 years and the Texas statute at least 5 (Texas also requires a backup copy, and the Texas SOS online course says 10 years), and some require 7. Treat the recording as a second, equally mandatory record.

Securing Records During an Active Commission

While commissioned:

Store paper journals in a locked, secure location — a fireproof safe is ideal.

Keep journals separate from your other personal documents.

Allow no unauthorized access — the journal stays under your exclusive control.

Maintain redundant backups of electronic records and RON recordings.

Transport securely during mobile assignments.

When the Commission Ends

Disposition depends on how the commission terminates:

Expires or is not renewed — Deliver the journal to the designated authority (in California, the county clerk within 30 days). Some states let you keep it as long as it stays secure; file any required notice.

Is resigned — Same delivery duty, usually on the same short deadline.

Is revoked or suspended — Immediately stop all notarial activity, surrender the journal and your seal, and cooperate with the investigation.

Notary relocates to another state — Records from the old state follow the old state's disposition rules; you begin fresh records under the new commission.

Notary dies — The notary's personal representative (the executor or administrator of the estate) must deliver the journal to the proper authority. Family members and employers should be told this duty exists so the record is not lost or discarded.

Destroying Records

Never destroy notary records until you have:

Confirmed the full retention period has elapsed.

Followed any state-specific destruction procedure (some require notice or authorization).

Used a secure method — shredding for paper, certified deletion for electronic records — because the records contain signatures, ID numbers, and thumbprints.

Best practice: even after the minimum period, consider keeping records indefinitely. Storage is cheap, and an old journal can be decisive evidence if a long-past notarization is ever challenged.

Common Traps

Assuming the retention clock stops when the commission expires — it does not; it usually runs from the last entry.

Treating the RON recording as covered by the journal's retention rule — it has its own period.

Letting an employer keep or destroy the journal — the record stays in the notary's custody, not the employer's.

Worked Scenario

A California notary's four-year commission expires on June 30, 2026, and she chooses not to renew. Her current journal's last entry is dated June 12, 2026. What must she do? Within 30 days — by July 30, 2026 — she delivers the completed journal to the county clerk of the county of her principal place of business, and she destroys her official seal so it cannot be misused. The 10-year retention clock the clerk observes runs from her last entry, not from the commission's expiration.

If instead her commission had been revoked for misconduct, she would have to stop notarizing immediately, surrender both journal and seal at once, and cooperate with the investigation rather than wait out the 30 days.

Destruction Comparison

Record type Who holds it Typical retention How to dispose

Paper journal Notary, then county clerk/Secretary of State Often 7–10 years from last entry Surrender to authority; never self-destroy early

Electronic journal Notary (and platform) Same as paper in that state Certified deletion after period and any required notice

RON audiovisual recording Notary (and platform) 5–10 years depending on state Secure deletion only after the separate period ends

Official seal/stamp Notary Destroyed when commission ends Render unusable so it cannot be misused
On the Exam

Know your state's retention period (5 to 10+ years and often measured from the last entry , not from commission expiration); the journal is surrendered when the commission ends (California: county clerk, within 30 days , Government Code 8209); the personal representative delivers the journal if the notary dies; RON recordings are retained on a separate schedule (model standard 10 years; Virginia 5; Texas at least 5 by statute, 10 in the SOS online course); the seal is destroyed when the commission ends; and records are never destroyed prematurely or left with an employer.