Felony Conviction and an Unfiled Bond
Daniela, 34, has lived in Texas for 12 years, reads and writes English, and wants to become a notary. In 2015 she was convicted of felony theft; she completed her sentence in 2018 and has not received a pardon. She applied to the Secretary of State, paid for a $10,000 surety bond, and received a four-year commission dated March 1. She has not yet filed the bond or her oath with the county clerk. Believing the commission itself was enough, she has already notarized two documents for neighbors. A friend tells her the felony is 'too old to matter' and that the county filing is a formality.
1. Is Daniela eligible to hold a Texas notary commission? Explain the statutory disqualification and whether the age of the conviction matters.
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No. Texas disqualifies an applicant who has been convicted of a felony or a crime of moral turpitude. The statute contains no look-back period, so the fact that the felony occurred in 2015 and the sentence ended in 2018 does not cure the disqualification. A pardon is the usual relief from a disqualifying conviction; Daniela has none. Her residency, age, and English literacy satisfy other requirements but do not overcome the conviction bar. The commission should not have been issued; if it was issued in error, she must stop acting as a notary and the Secretary of State may revoke it.
2. Assuming the commission was validly issued, what is the effect of Daniela's failure to file her bond and oath with the county clerk before notarizing the two documents?
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A Texas notary must file the surety bond and oath with the county clerk before performing notarial duties. Filing is not a mere formality; it is a condition of acting. Because Daniela notarized before filing, those two acts were performed without authority and are vulnerable to challenge. She should not perform any further notarial acts until the bond and oath are properly filed and she has confirmed her commission status with the Secretary of State.
3. What should Daniela do now, and what risks does she face if she continues notarizing?
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She should immediately stop notarizing, confirm whether the Secretary of State has revoked or will revoke the commission, and consult a lawyer about the felony disqualification. Continuing to notarize creates several risks: the notarial certificates may be rejected or attacked, she may face disciplinary action by the Secretary of State, and she may expose herself to criminal or civil liability for unauthorized acts. The 'too old to matter' advice is wrong because the disqualification is not time-limited.