Getting Notarized with expired id
Notarization is a fairly simple and straightforward process. The main requirements are physical presence of the signer to be notarized, the document, and a satisfactory identification for the notary to proceed with verifying that the signer named in the document is the same person that is in front of them and has the same name as the identification.
One of the most common issues a Los Angeles Mobile Notary Public or individual requesting notarization will run into is attempting notarization with an expired identification. Whether it be one day expired, or 10 years expired, there are ways to notarize given certain conditions are met.
The following methods are not legal advice, and do not guarantee that all notarization types can be completed using the method of expired ID or credible witnesses. Some documents require the notary to fill in drivers license information and expiration etc, in which case the notary cannot fill out that information if they are using a credible witness to notarize. Also, some businesses do not allow credible witnesses or expired ID, such as with real estate, loans, banks and financial institutions.
One method: When an ID just recently expired sometimes it meets a certain guideline that California notary publics can go by. Which is that the ID must have been ISSUED within FIVE (5) years of the date of notarization. As of today, July 04, 2016, if someone was requesting a notarization with a expired ID it could be used to identify the signer if the ID issue date was July 04, 2011 or later.
Another method: The signer can obtain a valid identification, or present a different type of ID. Such as if the driver’s license is expired the signer can use a valid current passport for identification for notarization purposes.
Last resort: There is such a thing as CREDIBLE WITNESSES. Credible witnesses are only allowed to be used if the signer meets conditions which state that they would be unable to reasonably go obtain valid identification. It cannot be used in place of an ID because someone is simply unwilling to go get theirs, or because the name on the ID is not the same name they want to use on the document. It is intended for people who cannot get an ID for one reason or another. Such as an elderly person who is handicapped or unable to make it to DMV to get a drivers license or identification card.
Credible witness requirements: Two (2) people must appear before the Notary Public in addition to the signer. So all parties must be present at the same time. The witnesses cannot be named in the document being notarized, or have any beneficial or financial interest in said document. They must be impartial. Most importantly, the two witnesses MUST PERSONALLY KNOW the signer. Not through being a nurse or a random person called over. They must have a personal standing relationship with the signer to where they can swear under penalty of perjury that they know the signer and what their name is, and that they do not believe that the signer can obtain an ID.
1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and
5. The credible witness does not have a financial interest and is not named in the document signed.