One of the hot topics hitting the NNA’s Notary Signing Agent and Small Business LinkedIn group is the dilemma of signers with expired identification cards and whether or not a Notary can accept them. The circumstance usually crops up when an elderly signer presents a driver’s license that has lapsed. Do you know your own state’s regulations regarding the acceptance of an expired ID?
The laws on the subject of valid identification vary from state to state. At one end of the spectrum is California, which says a signer’s ID is acceptable if it is current or has been issued within the past five years, creating the possibility that a signer could present an expired ID that the Notary could accept. At the other end of the spectrum is Illinois, which requires the ID to be current and does not allow expired identification. Iowa and North Dakota are right in the middle those states allowing IDs that are current or have not expired by more than three years.
Notaries should check the laws and regulations in their own state to determine if they can accept an expired ID. If the statutes are inconclusive, the NNA’s Vice President of Legislative Affairs, Bill Anderson, recommends that Notaries should accept only IDs that are current, as prescribed in the Model Notary Act.