Yesterday I recieve a email letter stating that my commission is being revoke here is the statement of why:
Also, based on the information obtained by this Office, it appears that you are not eligible to be a Notary Public of the state Texas. A person who has been finally convicted of a felony that has not been set aside, been the subject of a pardon, or been the subject of a restoration of rights, is not eligible to serve as a notary public. Tex. Gov’t Code §406.004; 1 Tex. Admin. Code §87.2. A final conviction for a crime involving moral turpitude is good cause for this office to reject an application for appointment as a notary public. Tex. Gov’t Code §406.009; 1 Tex. Admin. Code §87.11(a) (2). In addition, this office may reject an applicant who fails to truthfully complete the notary public application, for example, by failing to fully disclose the criminal history requested in the application. Tex. Gov’t Code §406.009; 1 Tex. Admin. Code §87.10, §87.11(a) (3).
I don’t know what to do. In the packet of information they sent me they show the first page of my application where he first question is do you have > I have been found guilty of a crime other than a Class C misdemeanor. (Applicants selecting this option must attach the
following for each crime: (1) copies of court order and sentence, and papers pertaining to release from probation; and (2) a statement of (i) the nature, circumstances, date, and location, and (ii) whether the case is on appeal.) {A conviction for a crime involving moral turpitude OR a FELONY disqualifies you from appointment as a notary public under Texas law.}
I don’t have any felonies I do have an assault conviction and a Public lewdness conviction from 1994 and 1996 I also have a DUI from another state which i also included. They have this information because when I talked to the lady over the phone she mentioned the assault and public lewdness it is apart of my file.
I received my commission in November of 2016… So why this now? How do I defend my commission?
I went through all this before with my DUI. It was filed in the wrong court. My civil rights had been violated many times that night which I had to fight in court. I spend four years and petitioned 136 judges to get correction to the public deposition of my case.
My life was totally ruined my life for a long time because someone didn’t do there due diligence. I am getting that feeling once again that someone didn’t do their job and now I have to suffer for it.
They want me to proof that I wasn’t convicted of these crimes. But i was, I ADMIT IT, I TOOK RESPONSIBILITY, I TOLD THE TRUTH THE FIRST TIME!!
I hold three other state occupational a licenses and I have always disclosed my background.
I’m scared this will have an effect on my other licences. i have never had a licences revoked. Evertime i renew a licences they ask have you ever had a license revoked? now i have to say yeas and may not get renewed.
please someone help me!
This may help you - possible you can appeal the decision?
You should be provided with written notice along with appeal procedures. Sadly, just because you admitted to all of your past wrongdoings doesn’t erase them. Based on this article I posted, you answered your own questions when you said “I don’t have any felonies I do have an assault conviction and a Public lewdness conviction from 1994 and 1996 I also have a DUI from another state which i also included” - this statement alone, and your providing the supporting paperwork, did their footwork for them and, IMO, the app should have been denied right then and there, based on the Texas law cited. Honestly, I’m surprised the commission was issued in the first place. Or did someone file a complaint against you and they reviewed your application and found this and realized their error?
I wish you well - I’d suggest you find an attorney who handles administrative law, particularly cases against the state, and get an appeal in motion; perhaps you can get attorney’s fees included in any award you may receive. in the meantime don’t do any notary work at all - anything you do AFTER the date you received the notification can be called into question later.
Sorry to hear you’re going through this and good luck to you.
No one here can give you legal advice, unless they are an attorney in the state where you are living in. Seek counsel who can help you in this matter. If any of us are seen on a forum of Notary Public’s giving out legal advice, then we could also lose our commission for this.
That previous person would be me and, if you read the link I provided there is a case cited, which is why I mentioned the appeal.
Note I also suggest she get an attorney - no true legal advice in my post at all - it’s not legal advice to tell someone they may be able to fight an issue and get a lawyer.
Yes, I agree with @Arichter and @LindaH-FL that it’s odd you received this type of decision via email. Very odd, indeed.
Is that standard procedure in your state to email notification of a revocation of a notary commission?
@octalogic1999, I suggest the first thing in the morning to call your secretary of state and inquire about the letter. If they said they sent it, then I’d contact an attorney.
If they did not send it, I would still contact an attorney because someone would be messing with you and impersonating your local SOS, or whichever entity deals with notary commissions, to do it.
Wow. The provided website list of “moral turpitude” convictions (if it’s correct) shows that the only charge holding you back is the Public Lewdness. DWI and Assault are marked “no”.
Have you checked into the expungement laws in the states where the crimes were committed? Some states are fairly lenient on expungements. I find it so frustrating to live in a state that is STRICT on expungements. I have met so many people with permanent marks on their record here, while in other states the same “crimes” can be expunged after a few years–and some of them twice!
Anyway, that’s too bad for you. As far as the DUI–do you think that has anything to do with it? It’s not on the list. But DUIs can be expunged in some states–so you can check into that too.
