When You Can Take the Texas Bar Again if You Fail It the First Time

Updated four-25-22. In some states, a conviction for a crime of moral turpitude will foreclose a person from getting a Notary commission or result in an existing Notary losing their commission — but it isn't exactly clear what moral turpitude means. Here are answers to questions Notaries have asked about moral turpitude and offenses that can disqualify a Notary from belongings a commission.

What Is 'Moral Turpitude'?

According to Merriam-Webster, "moral turpitude" has 2 legal meanings:

one.  An act or behavior that gravely violates the sentiment or accepted standard of the customs.

ii.  A quality of dishonesty or other immorality that is determined by a court to exist present in the commission of a criminal crime.

What Practice State Notary Laws Say About Moral Turpitude?

Notaries witness the execution of document signings. In full general terms, a person cannot be trusted to perform Notary services impartially and honestly if they take been convicted of a crime that involves moral turpitude. In some states persons convicted of crimes of moral turpitude may be disqualified from applying for a Notary committee.

Moral turpitude equally practical to Notary laws seldom has an exact definition. It is a concept that gives state commissioning government wide flexibility in deciding whether someone should receive or keep a Notary commission.

Not every state lists moral turpitude in its Notary laws as a disqualification for a Notary commission, but many do. North Carolina authorizes the Secretary of State to deny a Notary commission to an individual who has been convicted of whatsoever criminal offence involving "dishonesty or moral turpitude" (GS 10B-5[d][2]). Arizona disqualifies any person convicted of a crime "involving moral turpitude or of a nature that is incompatible with the duties of a notary public" (ARS 41-330.A.2).

California law states moral turpitude as grounds for the deprival, suspension or revocation of a commission (Government Code 8214.1[b]). The California Secretary of Land's Notary Public Disciplinary Guidelines lists examples of offenses of moral turpitude that can lead to revocation of a Notary's committee or denial of a commission application. The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay kid back up or failure to comply with a court order. The California Supreme Court has handled many cases in which crimes of moral turpitude were at issue. In one example, the Court said, "Although we take variously defined 'moral turpitude' in such broad terms as 'baseness, vileness or depravity'…, we have also decided that the question of whether a conviction involves moral turpitude then every bit to warrant revocation or suspension of a license to practice a professional cannot be determined in the abstruse but depends rather on whether the conviction demonstrates unfitness to practice that profession" (Cartwright five. Lath of Chiropractic Examiners, 16 Cal. 3d 762, 548 P.second 1134, 129 Cal. Rptr. 462, 1976 Cal. LEXIS 258).

Under Texas law, "a crime involving moral turpitude includes dishonesty, fraud, cant, misrepresentation, deliberate violence, moral depravity, or that reflects adversely on the applicant's honesty, trustworthiness, or fitness as a notary public …" (1 TAC 87.10 [c]). Crimes involving moral turpitude include felony or Grade A or B type misdemeanor convictions.

In short, the legal definition of moral turpitude is fuzzy around the edges. Information technology may be difficult to define, but it comes into clearer focus when you consider individual offenses that demonstrate the unfitness of the individual to perform official duties, in this case being a Notary Public.

What About Notary Laws In Other States?

States that practice not have moral turpitude provisions in their Notary laws may still disqualify persons convicted of certain crimes from serving every bit Notaries. For example, Florida disqualifies any Notary commission applicants who have been convicted of a felony unless the applicant has had his or her civil rights restored. Florida Notaries may also have their commissions suspended for fraud, unauthorized do of constabulary or other types of misconduct (FS 117.01).

Questions about convictions and Notary commission eligibility

Many readers have contacted the NNA asking if crimes committed as a juvenile or a confidence that has been vacated or pardoned will affect eligibility for a Notary committee. These situtations often include sensitive personal data and the NNA is not authorized to respond specific legal questions about criminal convictions. If you have an unusual legal situation in your personal record and desire to know if it affects your eligibility to serve as a Notary, the NNA recommends directly contacting your land Notary regulating agency for help to protect your privacy.

David Thun  is an Associate Editor at the National Notary Association.

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Source: https://www.nationalnotary.org/notary-bulletin/blog/2019/08/faq-moral-turpitude-crimes-notaries

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