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Notary · General

A signer presents an expired driver's licence as identification. Can the notary accept it?

Correct answer

Generally NO — most states require ID to be CURRENT (not expired); an expired licence may be a sign of identity fraud and the notary should request a valid current ID

  1. A Yes — the photo still identifies the person
  2. B Generally NO — most states require ID to be CURRENT (not expired); an expired licence may be a sign of identity fraud and the notary should request a valid current ID
  3. C Yes, if expired less than one year
  4. D Only if notarized for a family member

Why this is the answer

EXPIRED IDENTIFICATION is not acceptable as a primary identification document in most states. The requirement for 'current' ID is explicit in most notary statutes and administrative rules. Why? An expired ID: may have been stolen from someone whose licence later expired; may represent a person whose circumstances have significantly changed; provides less assurance of identity than a current, recently issued document. WHAT TO DO: Ask the signer for a current, valid government-issued photo ID (current passport, current state ID, military ID). If the signer has no current ID: in some states, a credible witness process is available. Accepting expired ID and notarizing exposes the notary to liability if the document later proves fraudulent. NOTE: A few states do allow recently expired ID (within 1 year) — check your state's specific requirement.
Source: Notary Exam, Expired Identification

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