Identifying the signer is the heart of what a notary does. California defines the standard as “satisfactory evidence” in Civil Code §1185, and getting it wrong carries a civil penalty of up to $10,000.
Personal knowledge is never enough
Start here, because it catches experienced notaries out. You may have known the signer for thirty years. You may be certain of who they are. Under California law that is still not sufficient — satisfactory evidence must be established by documents or by credible witnesses, and the details recorded in your journal.
Group 1 identification
Four documents form the strongest category Civil Code §1185(b)(3):
- California DMV driver’s licence
- California DMV identification card
- United States passport — book or card
- Inmate identification card issued by the CDCR (state prison) or by a sheriff’s department (local detention facility), for an inmate in custody
Group 2 identification
A wider set qualifies provided it meets every element. The document must be current or issued within the past five years, and must contain all four of: a photograph, a physical description of the person, the person’s signature, and an identifying number Civil Code §1185(b)(4).
- Out-of-state driver’s licence or identification card
- Foreign passport from the signer’s country of citizenship
- Canadian or Mexican driver’s licence issued by an authorised public agency
- United States military identification card
- Employee identification card issued by an agency or office of the United States, or by a California state, county or city entity
- Identification card issued by a federally recognised tribal government
- Valid consular identification document
The five-year rule
This is the single most misapplied rule in California notary practice. The document must be current or issued within five years — these are two separate tests and the document needs to satisfy one of them.
| Situation | Acceptable? | Why |
|---|---|---|
| Issued 3 years ago, expires next month | Yes | Current, and within 5 years |
| Issued 6 years ago, not yet expired | No | Fails the 5-year issuance test |
| Issued 2 years ago, expired last week | Yes | Issued within 5 years |
| Issued 7 years ago, expired | No | Fails both tests |
Credible witnesses
Where the signer has no qualifying identification, two routes remain.
One credible witness
The witness must be personally known to you, and must swear under oath to five things: that the signer is the person named in the document; that the witness personally knows the signer; that it would be difficult or impossible for the signer to obtain other identification; that the signer has no qualifying identification document; and that the witness has no financial interest in the document and is not named in it Civil Code §1185(b)(1).
“Personally known” means an existing relationship — not someone you met at the appointment.
Two credible witnesses
Where you do not personally know the witness, two witnesses may be used instead. You establish their identities by qualifying documents, and both must swear that the signer is the person named in the document and that the signer is unable to obtain another form of identification Civil Code §1185(b)(2).
What goes in the journal
For every identification document relied on, record four things GC §8206(a)(2)(D): the type of document, the issuing agency, the serial or identifying number, and the date of issue or expiration. All four — recording only the document type is a deficient entry.
Where credible witnesses are used, they sign your journal, or you record their identifying document information.
When something does not add up
Satisfactory evidence requires the absence of information that would cause a reasonable person to doubt identity. A significant mismatch between the physical description on the licence and the person in front of you is exactly that kind of information. Ask for a second document, and if doubt remains, decline. Failing to obtain satisfactory evidence carries a civil penalty of up to $10,000 Civil Code §1185(b)(1)(B).
Frequently asked questions
Can a California notary accept an expired driver’s license?
Sometimes. The document must be current or issued within the past five years. An expired licence issued two years ago still qualifies; one issued seven years ago does not.
Can a California notary rely on personally knowing the signer?
No. Personal knowledge alone is never sufficient under Civil Code §1185. Satisfactory evidence must come from qualifying identification documents or from credible witnesses.
Is a US military ID acceptable identification for notarization in California?
Only if it contains all four required elements: photograph, physical description of the person, signature and an identifying number. Many current military cards omit the physical description, which disqualifies them.
What must a California notary record about the signer’s ID?
Four items under Government Code §8206(a)(2)(D): the type of document, the issuing agency, the serial or identifying number, and the date of issue or expiration.
Can a student ID be used for notarization in California?
No. A university student identification card is not listed in Civil Code §1185 unless it is an employee identification card from a qualifying government entity meeting all Group 2 requirements.
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See the coursesPlease note. This article is educational information about California notary law, not legal advice. Statutes change and individual situations differ. The controlling authority is the California Government Code, Civil Code and the Secretary of State’s Notary Public Handbook. For advice about your own circumstances, consult an attorney.