TX Notary Eligibility Criteria 2 — Questions and Answers
Question 1: What is the minimum age requirement to become a Texas notary public?
- 16 years old
- 18 years old (Correct answer)
- 21 years old
- 25 years old
Correct answer: 18 years old
An applicant must be at least 18 years of age to be eligible for a Texas notary commission.
Texas Government Code §406.004(a) requires that an applicant must be at least 18 years of age. This aligns with the general legal age of majority in Texas. Minors cannot be commissioned as notaries public regardless of other qualifications.
Question 2: Which residency status qualifies a person to apply for a Texas notary commission?
- Student visa holder residing in Texas
- H-1B visa worker in Texas
- Lawful permanent resident alien of Texas (Correct answer)
- Undocumented immigrant residing in Texas
Correct answer: Lawful permanent resident alien of Texas
Lawful permanent residents (green card holders) who reside in Texas meet the residency requirement for a notary commission.
Texas Government Code §406.004 allows both US citizens and lawful permanent resident aliens who are Texas residents to apply. Temporary visa holders, regardless of duration, do not qualify. The applicant must both hold qualifying immigration status and actually reside in Texas.
Question 3: A person convicted of misdemeanor theft 10 years ago applies for a Texas notary commission. Are they eligible?
- Yes, misdemeanor convictions never affect eligibility
- Maybe — it depends on whether the theft involved moral turpitude (Correct answer)
- Yes, only felony convictions are disqualifying
- No, any prior conviction disqualifies an applicant
Correct answer: Maybe — it depends on whether the theft involved moral turpitude
Crimes involving moral turpitude, including some misdemeanor theft charges, may disqualify an applicant even if classified as a misdemeanor.
Texas Government Code §406.004 disqualifies persons convicted of a felony OR a crime involving moral turpitude. Moral turpitude can include certain misdemeanor offenses such as theft, fraud, or dishonesty. The Secretary of State reviews applications with conviction disclosures on a case-by-case basis.
Question 4: Must a Texas notary applicant be a registered voter in Texas?
- Yes, voter registration is required
- No, voter registration is not a requirement (Correct answer)
- Yes, but only for those seeking appointment as an electronic notary
- Yes, it is required along with residency proof
Correct answer: No, voter registration is not a requirement
Texas Government Code does not require notary applicants to be registered voters — only residency and other eligibility criteria apply.
Texas law does not require a notary applicant to be a registered voter. The eligibility criteria under Texas Government Code §406.004 focus on age, Texas residency, and absence of disqualifying convictions. Voter registration is a separate civil process unrelated to notary qualification.
Question 5: An applicant for a Texas notary commission was convicted of a felony but received a full pardon. Are they eligible?
- Yes, a full pardon restores all civil rights including notary eligibility (Correct answer)
- No, a felony conviction is an absolute permanent bar
- Yes, but only after 10 years post-pardon
- No, a pardon does not remove the disqualification under Texas notary law
Correct answer: Yes, a full pardon restores all civil rights including notary eligibility
A full pardon from the Governor of Texas or the President generally restores civil rights and may remove the disqualification, potentially making the person eligible to apply.
Under Texas law, a full pardon restores the civil rights of a convicted person, including the right to hold public office. Since a notary commission is a public appointment, a fully pardoned individual may be eligible to apply. However, the Secretary of State retains discretion and may review individual circumstances.
Question 6: Which of the following describes a person who is NOT eligible to become a Texas notary public?
- A 35-year-old US citizen who is a Texas resident with no criminal record
- A 19-year-old lawful permanent resident alien living in Texas
- A 25-year-old US citizen who was convicted of a felony 5 years ago (Correct answer)
- A retired judge who is 70 years old and lives in Texas
Correct answer: A 25-year-old US citizen who was convicted of a felony 5 years ago
A person with an unresolved felony conviction is not eligible for a Texas notary commission regardless of their age or citizenship.
Texas Government Code §406.004 disqualifies individuals convicted of a felony. A 25-year-old with a felony conviction (assuming no pardon or expunction) would be disqualified. The other individuals all meet the eligibility criteria.
TX Notary Eligibility Criteria 2
What is the minimum age requirement to become a Texas notary public?