Can a Notary accept an expired ID?

Updated 10-2-23. Notaries are presented with expired IDs more often than you might think. The elderly, disabled, impoverished, or any person who doesn’t drive regularly, often let their identification documents expire. But they still need notarizations from time to time.

While some states offer clear direction on handling expired IDs, other states do not, which leaves Notaries responsible for determining whether the ID is acceptable. That’s why it’s so important to be familiar with your state’s requirements.

Know your state’s requirements

Some states only permit Notaries to accept an expired ID if it was issued within a certain time period.

In California, any signer ID allowed under CA law must either be current or, if expired, must have been issued within the past five years. An expired ID that was issued more than five years prior to the date the notarization takes place may not be accepted. This requirement applies to signer ID presented for both acknowledgments and jurats.

Florida also permits Notaries to accept expired IDs from a signer provided the expired ID was issued within the past five years and includes a serial identifying number. This includes driver’s licenses and ID cards issued by U.S. states and territories, Canada, or Mexico; U.S. passports or foreign passports stamped by U.S. Citizenship and Immigration Services (USCIS); U.S. military IDs; veterans health ID cards issued by the U.S. Department of Veterans Affairs; inmate IDs issued after January 1, 1991 by the Florida Department of Corrections for inmates in custody; U.S. Bureau of Federal Prisons IDs for inmates in custody or ID cards issued by USCIS.

A number of states have adopted the Revised Uniform Law On Notarial Acts (RULONA), which allows an ID to be accepted up to three years after it has expired. If you’re a Notary in Iowa, Montana, North Dakota, Oregon or West Virginia, then you may accept an expired ID that falls within the three-year period.

Some states require Notaries to accept a “current” ID. Pennsylvania, for example, requires a unexpired passport, driver’s license or government-issued nondriver identification card, or another form of government identification which is current. Texas requires an identification card presented by a signer to be current and issued by the federal or state government. Arizona requires IDs to be current and unexpired.

Virginia permits individuals who reside in an assisted living facility or nursing home to present an expired United States Passport Book, expired United States Passport Card, expired foreign passport, or expired state-issued driver’s license or state-issued identification card for identification, provided that the expiration of such document occurred within five years of the date of use for identification purposes.

Many states have laws that do not specify if an ID must be current, valid or unexpired. If your state’s Notary laws do not specifically spell out what to do in the case of an expired ID, then the NNA recommends that you make it your professional standard of practice to accept only unexpired IDs.

If a Notary cannot accept an expired ID

If you’re not allowed to accept an expired state-issued ID, there may be alternatives to identify your signer, but these methods also vary by state. In most cases, a valid, unexpired U.S. passport would be acceptable. U.S. passports are valid for 10 years, typically double that of most driver’s licenses and state IDs. Considering that more than 137 million people, or about half of all U.S. adults, currently hold passports, that is a workable option.

In some states, signers may also be identified through the use of one or more credible witnesses, if the witnesses meet all statutory requirements. In Pennsylvania, for example, a single credible witness may be used but the witness must personally know both the signer and the Notary. Florida, on the other hand, allows the use of two credible witnesses who do not personally know the Notary. In this case, the credible witnesses must present valid, state-approved ID to the Notary, and sign a sworn written statement.

To find out if you may rely on credible identifying witnesses, check your state Notary handbook, usually available from your commissioning authority, or the State Law Summaries posted on the NNA website.

If you have questions about what your state requires or does not require, you can call the NNA Hotline for further guidance.

How to determine if an ID card is acceptable for notarization

3 ways Notaries can properly identify signers

Additional Resources:

NNA Tips & Tutorials

Notary Law Primers

128 Comments

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Michelle

07 May 2024

(I am the Medical Power of Attorney and Durable Power of Attorney for my mother. We are both lifelong residents of Texas) My mother has recently suffered a stroke resulting in full-time nursing care. I realized that her TX driver's license expired on her 82nd birthday in March 2024. What ID options are suitable for having documents notarized if her license has recently expired? She won't be driving so she doesn't need a driver's license, but she will need an ID won't she? She is unable to use her right side and unfortunately, she is right-handed. She is bedbound and unable to be transported to the DPS for their "in-person" requirements. I'm seeking guidance for what is required since I am dealing with Medicare, nursing care contracts, sale of home, taxes, investments, etc. Thank you for any guidance.

National Notary Association

10 May 2024

Hello. In Texas, if a signer does not have acceptable ID for a notarization, the signer can be identified by a credible identifying witness who personally knows the signer. The credible witness must either personally know the Notary (Civil Practice and Remedies Code Section 121.005) or if the witness does not know the Notary, have an acceptable form of ID for themselves (a current ID issued by the federal or state govt. with a photo and signature) that the witness can present to the Notary. (1 TAC 87.40[b]) For more information, please see here: https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

David

01 May 2024

I'm in Texas and my TDL is expired. I have to prove citizenship (foreign born to American Citizens). To do this I have to request a from from the US State Department. That form is required to be notarized, which I cannot do because of the expired license. What do I need to do to get past this catch 22..

06 May 2024

Hello. In Texas, a signer may also be identified by a credible witness who personally knows the signer. The credible witness must either be personally known to the traditional notary public or the witness must provide qualifying identification to the Notary (1 TAC 87.40[b]).

Myrna Edwards

19 Apr 2024

I am not a notary i have a document for power of attorney it expired in 2020 of may i live in cheaspeake Va is it still vaild

22 Apr 2024

Hello. We're sorry, but that is a legal question that would need to be answered by a qualified attorney.

WASHAM

18 Jan 2024

HAVE CLOSING WITH A ACTIVE DUTY MILITARY PERSON WHO HAD A EXPIRE CA LIC HE TOLD ME IT WAS STILL GOOD WHILE HE WAS STILL ON ACTIVE IN THE MILITARY.

19 Jan 2024

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

tiobubble@sbcglobal.net

08 Jan 2024

In California, any signer ID allowed under CA law must either be current or, if expired, must have been issued within the past five years. An expired ID that was issued more than five years prior to the date the notarization takes place may not be accepted. This requirement applies to signer ID presented for both acknowledgments and jurats. Does CA issue any IDs or licenses that expire beyond 5 years? I thought 5 years is their standard. So, there would not be any valid expired CA IDs, right?

09 Apr 2024

Generally speaking, the driver’s licenses and ID cards issued by the California DMV do expire after 5 years. However, during the valid period of these ID cards, they may be lost by the bearer, or perhaps they are temporarily suspended. When this happens, a new issue date appears on the ID even though the expiration date remains the same. As a result, when those IDs expire, they can still be accepted for the purposes of notarization if the issue date is within 5 years of the date of the notarization.

MIchel

12 Nov 2023

Hi, What can you do for child passport consent form that needs to be notarized but other parent ALL forms of ID is expired, New York state. How can I go about it?

13 Nov 2023

Hello. In New York, the identity of a signer can be verified using one credible identifying witness who personally knows both the Notary and the signer, or two credible identifying witnesses who personally know the signer and can present identification to the Notary that is valid and current, contain photos of the bearers and include a physical description and signature of the bearers (19 NYCRR 182.5[b]).

June Siegel-Hill

17 Oct 2023

I responded to this article yesterday, but I made an error and I'd like to rephrase this. As a Virginia notary, we have conflicting instructions and the information we receive regarding notary law depends on its source. In the Sections of the Code Pertaining to Notaries Public (May 12, 2021), it states the same fact you have above, that expired passport or driver's license is acceptable if the signer is in an assisted living or nursing home. The Virginia Handbook (April 6, 2021) does not mention whether we can or cannot accept expired identification. The NNA Notary Primer states that an expired passport (no more than five years) or driver's license is acceptable for residents of healthcare and assisted living facilities. So, if the notary is relying on the VA Handbook, they aren't getting the correct information and this can have a huge effect on the elderly or the disabled who are homebound. Also, the NNA uses the term, healthcare facility. So does that now include rehab facilities too? Some people are long-term residents of rehab facilities and they also need to get important documents notarized. I've sent these questions off, along with many others, to my state delegate who said they're going to address these issues. We'll see if they will consider them this fall.

I'm in VA and understand that I can use expired ID of no more than five years under certain conditions. You did name assisted living facilties and nursing homes in this article. In the Sections of the Code (May 2021), it states that an expired driver's license or passport may be used, but it doesn't state which population that applies to. Then there's the VA Handbook, which does not mention a word about this. Then there's the NNA Notary Primer stating that an expired passport or driver's license is acceptable for residents of healthcare facilities and assisted living facilities. So my questions are this: You stated assisted living facilities and nursing homes. The Primer names healthcare facilities and assisted living facilities. How are healthcare facilities defined? Does that include rehab facilities and hospitals? What about the Sections of the Code that doesn't even mention healthcare facilities? What about the VA Handbook that doesn't even address expired ID? How would a VA notary possibly get the laws straight if nothing is consistent? And yes, I included this question in a letter to my state representative but so far don't have any response. The Secretary of State in VA only has robotic "ask an attorney" responses. The way we handle this can have a huge impact on the elderly or disabled people who are homebound. Do you have any other recommendations for ways to get answers other than searching through the Code of Virginia online? How many notaries have the time or ability to search the Code? Even when you do, the answers may not pop up. I have been unsuccessful in answering many questions.

KENNETH LEE RANDALL

I just checked this issue online for Kentucky. Under Kentucky law the Notary can only accept an unexpired ID.

Suzy Smith

16 Oct 2023

All States MUST do a better job at making sure that citizens understand the importance of having current photo ID - until death. Can there be a push by NNA to get DMV into these places to help these people?

Marie Sneed

In the State of Wyoming requires a valida Federal ID. True! We all may have had experienced a signer(s) who did presented to us an experied Federal ID. Since that we must verify the Signer(s) ID; it is clear to me that we cannot administering what our position dictates us to complying for identification. We are required to provide E&O. Also, the parties involved with the processing of a Mortgage Documents and whose the signer(s) usualy has direct contact during the time of this process for a Loan Applications to help with a demand for the matter of credit and financial information-packed. Then, we the last person from the Group to be face-to-face wirh a signer(s) to disregarding all what has been written and agreements for this Mortgage Documents to be signed in oder to released their "Money." Seriously, i have had experienced this situation once-in-a-lifetime of my career; i requested from the signer(s) to present to me another Federal ID. Instead, they were definitely not accepted it. I simplified by halted. We need to think about the reasoning of an E&O! There are so many facts to pondering when come to be in a signing process... On the other hand, people are people, they have an ocean of thoughts that it makes a great deal of challegings to us on this matter of a Signing Agent to be qualified in the mind of Mortgage companies. Have a great journeying and hoping to all of us to used a common-senses to make a betterment for signing a new Mortgages document.

Hello. In Wyoming, “'Identification credential' means a passport, driver’s license or other form of identification issued by a federal, state or tribal government agency, which is current or expired not more than three (3) years before performance of the notarial act, and is satisfactory to the notarial officer as evidencing a person’s identity” (WS 32-3-102[xiv]). “For the purpose of evidencing a person’s identity for satisfactory evidence, the identification credential shall comply with W.S. § 32-3102(a)(xiv) and shall contain a photograph of the principal or the credible witness(es)” (CWR 002.0012.6 Section 2).

Michelle Jackson

I am commissioned in Washington, D.C., can an expired ID be used for identification to have a document notarized? Thank you.

Hello. In Washington D.C., A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by means of: “(1) Current government-issued identification that is: “(A) A passport, driver’s license, or government-issued nondriver identification card; or “(B) Another form of government identification issued to an individual, which contains the signature or a photograph of the individual and is satisfactory to the officer; or “(2) A verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify based on a current passport, driver’s license, or government-issued nondriver identification card” (CDC 1-1231.6[b]; see also 17 DCMR 2408.4). Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (CDC 1-1231.6[c]).

Sandy Marsh

24 Aug 2023

I am commissioned in the state of Missouri, can an expired ID be used for identification to have a document notarized?

Hello. No, satisfactory evidence of identity in Missouri is defined as “(a) At least one current document issued by a federal, state, or tribal government in a language understood by the notary and bearing the photographic image of the individual’s face and signature and a physical description of the individual, or a properly stamped passport without a physical description; or “(b) The oath or affirmation of one credible witness disinterested in the document or transaction who is personally known to the notary and who personally knows the individual, or of two credible witnesses disinterested in the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in paragraph (a) of this subdivision” (RSMo 486.600[21]).

Laverne Plumpclay

16 Jul 2023

I live in Georgia now. I have an expired ID they told me that I needed an ammendment birth certificate. That's what I have. They just didn't want to read it. What should I do this is holding me up

18 Jul 2023

Hello. We're sorry, but we're not clear from your message what your question is. Can you please provide more details about how your situation involves notarization?

Carreen Grant-Clarke

03 May 2023

Very informative information

Ramona Polo

01 May 2023

Thank you NNA fot excellent information.

Peter Butzer

18 Oct 2022

Articles like these are worthless if they do not give the rules in my state!

Hello. If you have a question about your state's specific rules or guidelines, please let us know what your question is and what state you are commissioned in, and we will be happy to assist you if we can.

Lourdes. De la Paz

17 Oct 2022

Hi: I don’t see anything for the state of Michigan,can you help me with that Thank You

Hello. No, Michigan Notaries cannot accept an expired ID. An ID presented by a signer to a Notary in Michigan must be a current license, identification card, or record issued by a federal or state government that contains the person’s photograph and signature (MCL 55.285[6]).

Daura jones

I reside in NJ. Does NJ accept expired IDs for notary?

Hello. In New Jersey, “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of: “(a) A passport, driver’s license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act; or “(b) Another form of government-issued identification, which is current or expired not more than three years before the performance of the notarial act, and which: “(i) contains the individual’s signature or a photograph of the individual’s face; and “(ii) is satisfactory to the notarial officer; or “(c) A verification of oath or affirmation of a credible witness personally appearing before the notarial officer or using communication technology to appear before the notarial officer pursuant to section 19 of P.L.2021, c.179 (C.52:7-10.10) and personally known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver’s license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act” (NJSA 52:7-10.8.f[2]).

Gaby Roman

04 Oct 2022

Hi I'm in California, can I notarize if the person's ID is expired but they have confirmation that they just renewed their ID? They are just waiting for the physical ID now. Or do I have to make them wait until they receive their new ID.

06 Oct 2022

Hello. You cannot accept an expired ID in California unless it was issued within the past 5 years.

Monique

28 Sep 2022

I am a Texas notary. If I go to a county jail to notarize a document but they have the driver license locked up therefore I can not use it as current ID can I use the County Jail government issued ID bracelet. It doesn’t have a picture or signature however the inmate had to have their fingerprints taken and their identity verified to be placed in the county jail. It seems to me that since the county jail ID used the proper current ID to be issued. It is not clear to me reviewing what Texas requires as valid ID. I don’t know if I can have credible witnesses come in to visit the inmate at the same time of the notary so I’m concerned. What are my options if they do not have a passport, military ID or state issued ID card?

Hello. In Texas, any identification card presented by a signer must be a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person (CPRC 121.005[a]. If such identification is not available, the signer may be identified by the oath of a credible witness who personally knows the principal and either is personally known to the traditional notary public or provides qualifying identification as described above (1 TAC 87.40[b]).

Colleen blake

01 Nov 2021

RCW 42.45.050 Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: (a) By means of: (i) A passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or

Connie

Is the “Covid pandemic exception” for CA still in effect for expired i.d. (CA drivers licenses) extending expirations out 1 year?

04 Nov 2021

Hello. The DMV provided a 1-year extension to drivers age 70 and older with licenses that expire March through December 31, 2020, extended one year from the original expiration date. The DMV announced they will not be extending expiration dates further for drivers 69 and under. Most driver’s are eligible for online renewal.

S Platz

How does this apply to RON? For instance Im in Texas and am presented with IDs from all states and Passports from everywhere.

Hello. Any identification credential presented by a signer for a remote online notarization in Texas must be current: “In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter. Identity may be verified by: “(1) the online notary public’s personal knowledge of the person creating the electronic signature; or “(2) each of the following: “(A) remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person; “(B) credential analysis of the credential described by Paragraph (A); and “(C) identity proofing of the person described by Paragraph (A)” (GC 406.110[b]). “Credential means a valid, unexpired identification card or other document issued by the federal government or any state government, as defined by §311.05 of the Government Code, that contains the photograph and signature of the principal. With respect to a deed or other instrument relating to a residential real estate transaction, credential also includes a current passport issued by a foreign country (1 TAC 87.1[1]).

LYDIA MOORE

25 Oct 2021

I'm in Nevada, and I know that for senior citizens, we can accept expired ID card, or an ID card from a senior center or government agency. But, I'm not sure of the guidelines to accept expired documents for citizens that aren't elderly. Can you provide additional info on this?

29 Oct 2021

“[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person: “(a) Is personally known to the notarial officer; “(b) Is identified upon the oath or affirmation of a credible witness who personally appears before the notarial officer; “(c) Is identified on the basis of an identifying document which contains a signature and a photograph; “(d) Is identified on the basis of a consular identification card; “(e) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or “(f) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center” (NRS 240.1655.4).

Krysta

13 Oct 2021

Can I notarize a document for someone I know personally in Michigan if their ID expired a month ago?

15 Oct 2021

“A notary public has satisfactory evidence that a person is the person whose signature is on a record if that person is any of the following: “(a) Personally known to the notary public. “(b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the person. “(c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the person’s photograph and signature” (MCL 55.285[6]).” “When performing a notarial act, you should … [i]dentify the individual either from personal knowledge or satisfactory evidence. If you do not personally know the individual who is requesting a notarial act, ask to see a driver license, passport or state issued personal identification card. You can also identify an individual upon the oath or affirmation of a credible witness if you personally know the witness and the witness personally knows the individual” (Michigan Department of State website, “Notarization of Document(s)”).

Maggie Konze

11 Oct 2021

Re: Nicholas Vastis28 Sep 2015 It absolutely makes sense. Of course their identity doesn’t change but people attempting fraud will often use expired IDs because the unsuspecting person who owns the ID isn’t missing theirs because they have their current ID. Honestly, it is more of an issue for bartenders where big sister might give little sister her expired ID so she can purchase alcohol. But that is the reason for that rule. I hope that helps.

Phyllis A Denison

Thank you for a very informative article. I am in Arizona and find, when doing a service for a veteran at the S AZ home, most of the time the only photo id is their VA card. So, I have used that, made a note of it in my journal. For many of the seniors that I service, they simply do not have acceptable ID in AZ. So, I use a credible witness.

kelly

17 Aug 2021

my mom only has an expired driver's license as a photo id. she is bed-ridden and disabled and can only travel by ambulance on a stretcher. she lives in nj (her address matches her license) and needs to have some documents notarized to re-finance her mortgage. she has many other forms of id but only her expired license as her photo id. is this okay?

26 Aug 2021

Hello. To help us answer your question, can you please tell us what state your mother is located in?

Michael McFarland

16 Nov 2020

The California DMV issued letters to individuals whose licenses and IDs are expire in 2020 stating their expiration dates are automatically extended one year due to the COVID-19 pandemic and subsequent office closings. Does this supersede what the DMV issued?

17 Nov 2020

Hi Michael. We haven't received a letter like the one you described, but if you can forward a copy or picture of the message to us at publications@nationalnotary.org, we can ask our Government Affairs team to look into it.

Kerry Moses

09 Nov 2020

I have noticed that a lot of these notary signing companies has cut back on paying the proper notary fee considering the current risk we notaries are taking. For instance we take chances with this covid19 virus and they're reducing our income plus we have to print untold amount of pages and drive so many miles to get the job done.

s.f.Bastow

Actually with regards to California. The Secretary of State has allowed Californians over the age of 70 ia one year extension for their CA. drivers license and CA. state ID cards, because of Covid19. Just make a notation in your journal.

laurie brisbin

08 Oct 2019

i work in NYS and in a nursing home where there may be many expired ID's. i scanned the above comments and could not see anything about NYS.

Hello. New York Notary law does not specify whether or not an expired ID is acceptable. “An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument” (RPL 303).

Lewis Fennell

07 Oct 2019

Need information about Maryland notary laws

Hello. Please see here: https://www.nationalnotary.org/file%20library/nna/reference-library/state-law-summaries/maryland.pdf

William Turner

I once traveled to Canada on an expired passport. Canadian authorities accepted it. When I returned U.S. authorities accepted it. It was an overisigh on my part. On another trip the passport expired while I was away. On my return, customs pointed out that it was a passport I had lost and replaced. I took the wrong passport. They let me back in but cancelled the passport by punching some holes in it. I guess they know that your identity follows you throughout your life but not the validity of your passport. I have kept every passport I have ever had. The face is the only thing that changes.fED59v

Imelda Donaldson

Isn't it true for Texas notaries that we are not legally required to see an ID to perform a jurat? Only required for an acknowledgement?

Hello. Texas Notaries are not required to identify a signer for a jurat.

Lorena

13 Sep 2019

i am a Texas notary doing a real estate transaction purchase. the buyer had an expired Mexican passport and only other ID was a Mexican Matricula which i cannot accept. the title company said they would accept the notarization as long as it was a Jurat. is this valid?

23 Sep 2019

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Isa

17 Aug 2019

Is an ID issued by the department of justice a valid form of ID?

19 Aug 2019

Hello. To help us answer your question, can you tell us what state you are commissioned in, please?

Jamie

24 Jul 2019

I'm in a fat black hole situation. I have parents that screwed up both my birth certificate AND social security card when I was baby. Both of those documents have one letter missing. It's optional to fix it but I just feel like I need and must fix it personally. Plus I was born out of state so it's hard to get a correct birth certificate. Also 2 weeks ago I sent in my documents and money order to get my birth certificate fixed. Later on they sent me a letter saying I needed to notarize a letter and send it to them, and until I do, they will keep my documents/birth certificate on hold for a certain amount of days. If I don't get a letter notarized they send my birth certificate back uncorrected. Because of the misspellings I have on SS card and birth certificate it's HARD to get a government ID even though I actually have these documents. So all these notary places require government type ID. It's just sickening. It ends up blocking people like me from being notarized. Most of these places don't even LOOK at the documents you might have. They never even looked at my college ID which looks like me. The notaries I went to decline right away and said you need government ID. Those are rigid rules things need to change! As I present myself to a notary I'm not out there in front of them pretending someone else, but it always takes one rotten apple to ruin it for the rest.

Peter Gerdes

The argument you give justifies not accepting IDs issued more than a certain number of years ago (as CA actually does require). There is no reason not to accept expired IDs recently issued. For instance, because my wife had her passport lost/stolen twice while we were living overseas she was issued a replacement passport valid for only a single year (which unfortunately we didn't manage to reorder in time and we uber rather than drive). That year old expired passport is surely a better way to verify identity than a 9 year old valid passport yet MI law allows the later but not former.

In Michigan is a (signed pictured) employee ID (like student ID but says faculty) from a state school acceptable ID? I note that the employee ID does not have an expiration or issuing date printed on it but is current (issued in last year). If not what is the standard for personally known? I'm sure the university where my wife works has a notary employed somewhere in an administrative office. Is it enough to find another faculty member who has stopped by that office to deal with forms a few times likely to suffice? -- As an aside I was pretty shocked to find out that michigan notaries can only charge $10 per service. Frankly that seems way too low given the level of responsibility and hassle just meeting with someone can require even without travel. Seems everyone would be better off if we just let notaries set their prices since an expensive notary is a lot better than no notary.

26 Jul 2019

Hello. In order to accept an ID presented by a signer in Michigan, the ID must be current, issued by a federal or state government, and include the person’s photograph and signature (MCL 55.285[6]).

Carmen Siano

28 Jun 2019

You must have something against New York.You didn't mention it even once.g

Shayne

15 May 2019

I am a Notary in Tennessee, and I only do notarize for my job at the public library. Your site says "generally speaking" temporary IDs may not be used as sufficient evidence. Are notaries allowed to use temporary IDs in Tennessee? Are we allowed to continue to require the official license and deny a temporary license or ID for our own protection?

Hello. Temporary driver's licenses may not be accepted as proof of a signer's identity in Tennessee. Notaries may accept a TN driver's license that is current or issued within the past 5 years, or a driver's license from another state that is current or issued within the past 5 years that includes a a photograph and description of the person named on it, is signed by the person and bears a serial or other identifying number.

Wayne

23 Apr 2019

Had a situation where the driver’s license had expired the day before. License was renewed online a week before, but had not gotten the new license. Individual had receipt showing she had renewed. Issue date of just expired CA license was more than 5 years. What to do?

24 Apr 2019

Hello. The signer would have to provide an alternate form of identification acceptable under CA law.

Me

21 Oct 2018

Disappointed ☹️ that the recommendation is to be more stringent than state requirements sounds discriminatory 🤔

Norma Maldonado

25 Sep 2018

Nicholas, I ABSOLUTELY agree with you

steve A

I ran into this problem a few months ago. After calling The NNA told me it was legal to accept an expired ID in Navada

Mary Ellen

24 Sep 2018

I am looking in the NJ notary law primer, I can not find if I can notarize for someone that has an expired id. Can you help?

Hello. New Jersey does not provide specific guidelines regarding expired ID. The “New Jersey Notary Public Manual” instructs that signers present "at least one form of identification (ID) that provides a physical description of the signer — e.g., driver’s license."

Nanette

Interesting this should come up. In California it's 5 years from date of issue, not expiration, I had to keep that straight in my head. I had to turn away a client because of that and no other acceptable I.D. or credible witness. In the same week another notary in our office came to me with the same problem. Fortunately her client knew someone that the notary also knows and brought him in as a credible witness. So, point 1 - five years from issue not expiration and point 2 - if no other acceptable form of I.D. can be presented ask about a credible witness, you never know!

Arna G. S mith, Ed.D.

Picked up this useful suggestion from one of the comments above: Notaries Unit! Great idea for lobbying and all other purposes. That's the way to get things done -- not competitiveness. Keep up the good work!

Kris Fetter

I would think that the reason lenders require current id is that it proves that the person they're going to lend money to is reliable. Reliable enough to keep id current, then they may be reliable enough to keep other things current i.e. insurance etc. IMO.

Notary Bonnie

23 Sep 2018

every state issues a state ID card. You don't have to get a drivers license. Get a state issued ID if you're not driving. They are usually good for 5-10 years depending on state. We notaries should not be so eager to make a buck that we compromise the rules of our states. Remember if you notarization goes south, it will be you they sue. Going to court is not fun.

Jennifer Daniels

11 Sep 2018

Is an expired drivers license acceptable for ID in Michigan

Hi Jennifer. No, Michigan Notary law requires an ID presented by a signer to be a current license, identification card, or record issued by a federal or state government that contains the person’s photograph and signature (MCL 55.285[6]).

Sheila

09 Jul 2018

I am a notary in the Commonwealth of Virginia - need help with question about ID - Is it alright to use an inmate ID card for identification for notarizing a document?

10 Jul 2018

Hello. In order to meet Virginia's ID requirements, the inmate ID card would have to be issued by the state and include a photo and the bearer's signature. (COV 47.1-2)

Monica

23 Jun 2018

i had another question, so what does "be identified by the oath" mean ? and also affirmation of a credible witness thing i asked my bank wells fargo and they said they couldnt do that so do i go to someone else ? i also have a food handlers card with a rencent picture of few days ago and it has my name on it. can i use that and also ny expired id i also have my social card and proff of recidency everything expect birth and passport

27 Jun 2018

Hello. Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

09 Jun 2018

i need help! my California drivers license expired a few months ago but i moved to kansas for college and didnt notice my DL expired. i also lost my birth certificate and i need that to renew my DL.. so i signed up for a new birth certificate turns out i need a notarize document proving who i am and all but my DL is expired and ive been going around kansas and they wont sign it cuz its expired by a few months this year what can i do ? i need my birth certificate for a new DL but cant get it cuz my dl is expired whats the laws for kansas what can i do

11 Jun 2018

Hello. In Kansas, you would need to present another form of identification bearing a photograph (such as a passport), or be identified by the oath or affirmation of a credible witness who knows both you and the Notary personally.

Yvonne Klimowski

09 May 2018

Please explain what I can do with a expired driver license and 10 days before new one arrives. Im in California and need notary over documents from my sisters death 2 wks ago. I do not have a valid passport. What can I do??

10 May 2018

Hello. If you lack identification documents in California, one alternative is to bring two credible identifying witnesses who know you personally. The credible witnesses must not be named or involved in the documents and possess satisfactory proof of identity for themselves, such as a current CA driver's license, that they can present to the Notary. Essentially, the credible witnesses would act as "human ID cards" to vouch for your identity. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

Vee

26 Apr 2018

To all the people in favor of wanting to use an expired ID as a legal document, Can you travel with an expired passport? Is it fair if your local grocer knowingly sells you expired food even if all the original packaging and labeling is still accompanying the product? Let us be adults about these issues, we are talking about having someone's reputation here. I am a Notary Signing Agent, commissioned, insured, bonded and listed on multiple national registry lists. Neither my commission, exam & certification, bond, or insurance were done for free. As an NSA annual renewal are required and expensive, so unless you feel comfortable with cutting corners to have your legal documents notarized illegally by a non-compliant Notary who wants to be sued, so go right ahead....At the end of it all, the person with the last laugh will be the client and not the Notary, we also have rules and laws to follow. The price of a notary is much cheaper than loosing yoiur commission.....not worth it.

Anya

29 Mar 2018

My friend is taking cre of a good friends son he took a bus here to utah from nevada las vegas he just turned 19 but has no i.d or social or birth certificate his moms in jail and hasnt been in his life and dad wont help

steve

22 Sep 2017

I don't see anything on this subject about Nv. Can you help me on this? Thanks

From the Nevada Secretary of State's website: “Can I use an expired photo ID if the signature and photo match the person before me? — The statute doesn’t address expired IDs. You, the notary, have to make the determination of whether the ID presented is satisfactory or not” (website, “FAQs”).

jbaird@bex.net

19 Sep 2017

I have not found in the Ohio code if an expired ID can be accepted. Also looking for rules about credible identifying witness. Can you guide me to where in the Ohio code I can find this information?

Hello. Ohio does not address the issue of whether an expired ID is acceptable or not in their statutes.

arnold baskin

18 Sep 2017

What can be done or should be done to a person using another persons New York (attorneys)notary seal for his own purposes or using it as his own to notarize documents.

Hello. If you suspect someone is misusing another individual's Notary seal, you may wish to contact local law enforcement. If an attorney is involved, you may also wish to contact the state bar association to see if you can file a report.

Teresa

I agree with others that the requirement for a current drivers license as proof of identity is not only insane but completely out of date. Many people in big cities don't own vehicles. Other people stop driving for a variety of reasons and they don't renew driver's licenses when they don't drive or no longer own a vehicle. The rules need to be updated for the 21st century.

MsSanDiegoNotary

I am always baffled that some states allow expired ID's. I am a California Notary and am glad that we do not accept them. Some people say that peoples appearances don't change I disagree, I have had some people who are currently going through hormonal changes (trans) and do not look like they did in their expired ID's.

Mark

18 Jul 2017

CALIFORNIA...Deciding to no longer drive and will apply for Senior State ID card and forego renewing driver's license which will expire soon. Between the time the original license expires and before State ID arrives in mail, can the following satisfy ID requirement for notary: combination of the expired driver's license + DMV receipt proving that application for the State ID was submitted?. Thanks for any help.

Hello. No, a DMV receipt is not acceptable proof of identification for a notarization under CA law.

Will

14 Jul 2017

Hi, my wife just got an interim license until her actual license is mailed to her in two weeks. Would she be able to use the interim license to get a paper notarized. She still has her expired license and her new interim license.

Hello. It depends on the rules of your state regarding IDs. What state are you located in? Also, what information appears on the temporary license-for example,does it include her photo, description or signature?

Jessica

15 Jun 2017

My Aunt just moved back to Oregon and while she was living in Indiana, he ID expired. To get her birth certificate from California so that she can get her ID renewed, they need a notarized copy of her ID...but it's expired. So what do we do?

16 Jun 2017

Hello. You would need to contact the CA agency to ask them what alternative they will accept.

Becky

17 Jan 2017

Texas: I have misplaced my TDL but have the Change of address Expired but with current DL, does it qualify as able to is for Notarizing a Warranty Deed?

Hello. We're sorry but can you please clarify the situation a bit further? Are you asking if you can present a change of address form to a Notary as ID in order to have your signature notarized? Or are you a Notary and asking if you may perform your duties while waiting to update your commission address? If it is the former, a change of address form is not an acceptable form of signer ID for a notarization in Texas.

Angie

08 Nov 2016

If I was served papers after the notartys commission has expired, is it still legitament?

09 Nov 2016

Hi Angie. We're sorry, but we can't answer legal questions regarding whether a document is valid or not. You may wish to contact an attorney to review the documents in question and give you an opinion.

Dan

22 Oct 2016

I completely agree with Nicholas on the insanity of the requirement that a government issued photo ID be current to serve as a valid form of identification. Unless the presented ID appears in some way to be fake (who would fake an expired ID?) or for some reason a significant change in appearance from the photo ID presented; ie: significant age difference or physical alteration in appearance either intentional or accidental, there is only logical reason where it would not be valid...money. Requiring an government issued ID to be current, non-expired only has one real reason, it is an income stream for the state. the same is true for requiring current photo ID for a 60-yr old to purchase beer or wine at a store...it is about the revenue stream for the states and of course to further the indoctrination of control.

Cecilia

13 Oct 2016

Mary Book's comment makes total sense. If you cannot identify the person in front of you with the picture of the ID, and additionally the address is different, you have no certainty of the identity of that person.

Alden Martin

03 Oct 2016

FL. says 5 yrs. I interoperate that to be 5yrs. from expiration. If this signer was this signer 5 yrs. a go?...Once again dependent on circumstance ? Has the signer been in a nursing home for 5 yrs? (if so that fact would verify)...If "John Doe" walks in off the street?...5 yrs. from issue & would ask to see back-up ID

05 Oct 2016

No, your statement is incorrect. Florida law specifies that identification presented for a notarization must be current or issued within the past 5 years (FS 117.05). You may not accept an ID five years after it expires in Florida.

Notary Narayan

I had a situation where I had to notarize some structured settlement. The Signor claimed that during his arrest by tye police, they lost the ID and that he had not made efforts to obtain a replacement. May be just due to the lack of interest or lack of money or lack of transport to the Motor Vehicle department. However he had an expired ID, and was also able to produce a Social Security Card with his number/ name. So using the combination of both, I personally accepted the identifications presented and also corroborated by the lender about his arrest and who said they will accept that. In another case, I was called to a hospice/nursing home/terminal care center to notarize a POA for a man who did not have a valid ID. He was a retired state govt worker and was alcholic and homeless for a while before arriving at this place. How do you expect his to walk to DMV, stand in line and have ID renewed when a man was barely himself and now immobile? Since this was a POA and daughter was trying to get this in her name. A few questions let me know that currently his pension is controlled by his brother, who also has possession of his expired ID. This appeared to me as a situation in which perhaps the daughter ( who might be or not be estranged from her dad) is trying to take control of his bank/pension account ( perhaps with or without the knowledge of the signers brother).. I could smell a court battle a mile away and politely declined to notarize saying that I need a VALID ID. I still got paid for making that trip. She later got a different notary to do that job. More reason why notaries must unite to lobby their states to have identification laws made more relevant to the society. Perhaps mobile DMV clerks can create identification for people who cannot go elsewhere, or perhaps NOTARIES can create ID using the same Point system DMV uses to serve such people and create another revenue stream. While incarceration / police arrest sometimes results in ID being seized, and the signor is unable to show a valid current ID as it was seized by police, Similar to the south states where voter ID laws are making is difficult for minority and other neglected or less informed members of this society to obtain ID for normal transaction. These need to reform. Is biometrics the answer? An ID is a ID and Should be an Identification .that should never expire except when appearance drastically changes, but perhaps the privileges associated with that Identification document only expires, not the entire identity of that person. Certain immutable facts such as name, dob, should NOT expire just because ID document that bestows certain privileges expire.

Cynthia Hemon

24 Sep 2016

Hello, I having the same problem getting my passport application notarize due to an expired ID. I really need help any suggestions on what to do?

26 Sep 2016

Hello Cynthia. Depending on what state you are in, you may be able to use one or two credible identifying witnesses to vouch for your identity as an alternative ot using your expired ID. Please see here for more information: https://www.nationalnotary.org/notary-bulletin/blog/2011/10/hotline-tip-credible-identifying-witness

Monica Young

29 Aug 2016

In the State of Texas: can I accept an expired ID (driver's license) in the case of a loan? the person's license was expired but a health issue (MS) keeps them from driving.

30 Aug 2016

Hello. No, Texas law requires an identification document used by a signer to be current. (CPRC 121.005[a])

Pamela Minor

15 Aug 2016

I am beginning to see temporary driver's licences printed on an 8.5 x 11" paper with all the correct information and a black and white photo. The signer said she moved from Michigan and just applied for a Texas license and was required to surrender her Michigan card. Is that paper with the photo with all the correct information, signature and ink seal sufficient? How does one tell if that is fake?

18 Aug 2016

Hello Pamela. To help us answer your question, can you confirm what state you are commissioned in, please?

John Axt

19 Oct 2015

It is very difficult in the state of Florida to find a circumstance under which an ID was issued five years prior to the date of expiration. Most drivers licenses are issued for nine years in Florida. Passports are issued for 10 year periods. The only circumstance that I've ever found was an immigrant who had received a drivers license which was good for only two years. I used that ID because it was within the five your time limit. I also have concerns about lenders who demand that the ID be valid. The people who hire us should have no control on the execution of our duties as prescribed by law.

Robert Petty

11 Oct 2015

Nicholas I absolutely agree. A persons identity does not change just because they did not renew their drivers license. Especially if it is a picture ID. l

betty

28 Sep 2015

It isn't that I cannot accept an expired State ID in the state of Illinois, because I can. It is the lenders who won't accept them. I ask for email addresses when I contact borrowers and I have a standard email listing all of the common acceptable ID's that I have copied and pasted from various ID documents, including Patriot Act forms, which often list most of them. The last time I asked to see a Driver's license and it was expired, that borrower had her current Passport available for identification.

Nicholas Vastis

This requirement is silly. A person's identity does not change just because he didn't renew his driver's license. An ID that demonstrates a person's still serves the same purpose the day after expiration. More proof that the rules that govern us are propagated by people with no common sense.

Mary Buck

Hello! Thank you for this informative article! We were just wrestling with that issue and one of the notaries I work with asked the Virginia State's Attorney General's Office about the issue. Here is the relevant part of the memo they sent back: Re: Ambiguities in Virginia Notary Public Handbook August 15, 2015 Mr. Speaker – Included below is a brief memo regarding ambiguity in Virginia’s laws and the Handbook for Virginia Notaries Public, which X has inquired about. The relevant statutes are described in greater detail below, but after reviewing the Code and the Handbook, I believe that X is legally allowed but not required to notarize a document for an individual using an out of date driver’s license with an incorrect address. Importantly, if she is not 100% satisfied that she knows the individual’s identity after studying the driver’s license she cannot and should not notarize any document for that individual.

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If a Notary cannot accept an expired ID

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