The Applicant With a Larceny Conviction, a Defective Bond, and a Notario Publico Sign
Andre is 24, lives in Detroit, and applies for a Michigan notary commission. He was convicted of larceny by conversion four years ago, completed probation, and has no other record. He submits the application and $10 fee, and a $10,000 surety bond, but the bond form is a photocopy and the surety's expiration date is blank. He plans to work from his job at a used-car dealership, notarizing titles and affidavits for customers, and wants to advertise in Spanish as "Notario Publico" because many customers speak Spanish. He also plans to keep his notary supplies at home in Wayne County and notarize only at the dealership in Macomb County. He asks whether his conviction automatically bars him, whether the bond copy is acceptable, whether the advertising is allowed, and how long a commission lasts.
1. Evaluate Andre's eligibility and the effect of his felony conviction.
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Andre meets the basic age and residency requirements, and a Michigan notary commission lasts six years. But the larceny-by-conversion conviction is a serious obstacle because it involves dishonesty. Michigan does not make every felony an automatic permanent bar, but the Secretary of State may deny a commission based on a conviction involving fraud or dishonesty and will consider the nature of the offense, time elapsed, probation completion, and rehabilitation. Four years and completed probation help but do not guarantee approval. He must disclose the conviction truthfully and provide court dispositions, completion records, and reference letters. If denied, he should follow the appeal or reapplication process rather than notarizing without a commission.
2. What is wrong with the bond submission, and what must Andre file?
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The bond submission is defective. Michigan requires a $10,000 surety bond, and a photocopy with a blank surety expiration date is not acceptable proof of a valid bond. Andre must obtain an original, fully executed bond from an authorized surety, with the surety's expiration date and signatures completed, and file it as the Secretary of State requires. He should confirm the bond is active before commissioning. If he files a false or incomplete bond, his application can be delayed or denied.
3. May Andre advertise as "Notario Publico" and notarize at the dealership? Explain.
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He may not advertise as "Notario Publico" or use similar wording that implies he is an attorney; Michigan restricts misleading notary advertising and the term is associated with legal representation. He may advertise notary services accurately and in Spanish, but the wording must say he is a notary public, not an attorney. He may notarize anywhere in Michigan, so working at the Macomb County dealership is geographically allowed. However, he must not notarize documents in which he or his employer has a beneficial interest. Title and affidavit work at the dealership can create that conflict, so he needs a policy to screen those requests.