New York State Notary Practice Exam

What happens to a notary public's commission if they are convicted of a felony?

1. They may continue serving

2. They must resign immediately

3. They cannot be appointed

4. They can appeal to the Secretary of State

The correct answer is: They cannot be appointed

The correct answer indicates that a notary public who is convicted of a felony cannot be appointed to serve as a notary. In New York State, the law explicitly states that a person who has been convicted of a felony is ineligible to be commissioned as a notary public. This is part of the state's effort to maintain the integrity and trustworthiness of the notary public position, ensuring that individuals who hold this office have not committed serious offenses that would compromise their ability to perform duties fairly and responsibly. In this context, the other options suggest actions that are not aligned with the legal framework governing notaries in New York. For instance, the idea that a notary can continue serving after a felony conviction contradicts legal requirements, as does the suggestion that they must resign immediately, since the commission itself would be invalidated upon conviction. The notion of appealing to the Secretary of State is also misleading, as eligibility is clear-cut following a felony conviction; there is no process for appeal regarding the fundamental disqualification arising from such a conviction.