If you are a California Notary and your Commission is due to expire soon, you should be aware of some new rules. As of January 1st, 2008, all Notary applications need to include a 2” x 2” color (passport style) photo attached to the application. Also new is the requirement to have Live Scan Fingerprints submitted to the Department of Justice and the FBI.

So where do you obtain these new, necessary items? Well, you can easily get your passport-type photo from any store that has a photo processing service. You can find places that do Live Scan Fingerprinting by contacting your local police department, or by checking out local services that offer both.

Since this requirement has gone into effect, many new businesses offering the combined service have opened. The photo runs between $10 – $20 and the fingerprinting averages about $30.Also keep in mind that you are still required to take the mandatory 6-hour Notary class. Rumor has it that a shorter refresher course may become available soon for renewing Notaries, however they will probably be hard to come by for a few years.

If you are shopping places to take the Notary Class, you might save yourself some time and money by choosing one that offers the photo and fingerprinting service.Whether you are renewing, or applying for the first time, all Notary applicants must complete the same application. For renewing notaries, there is a place on the application to note your previous Commission Number and Expiration Date.

Since 9/11, the American public has become much more conscious about security. It is now common for someone looking for work to learn that an employer checks criminal records of prospective new employees.

Criminal background checks are now being done by some companies on current employees. As a result, some people are finding that offenses committed many years ago are causing trouble in the present.

Additionally, most states have laws requiring professional licensing boards to do criminal record checks to for occupation-related convictions. This practice is leading to youthful offenses, making it difficult for workers to find jobs. Some people are even losing jobs that they have worked at for years.

As part of the Government’s identity theft solutions a company must always obtain a prospective employee’s written consent before it can run a check and get criminal record information. Read your application carefully. Often the wording for obtaining consent for a criminal record check is written into the job application, though some companies use a separate consent form.

Many states have laws limiting how far back they can check for convictions, or limiting the types of convictions they take into account for business or job-related offenses. Even if your record has been expunged, these types of offenses may still come up in a criminal records search. You may want to check with a lawyer to find out how far into the past an employer can look for arrests or convictions.

A licensing board is an agency that checks criminal records for people who wish to work in many occupations. Teachers, health care workers, childcare or elder care workers and accountants are examples of license applicants who may be subject to criminal record search. The licensing agency may limit the background check to occupation-related offenses.

While a larceny conviction will most likely not cause a problem if applying for a license for massage therapy, one for prostitution or for a sex offense would. A criminal record can create special problems if you are applying for a license to work with vulnerable persons, such as children.

A past criminal offense can create problems for a person who is looking for work. This is true whether an employer is doing a criminal records search or it is a state licensing board that checks criminal records. If the arrest or conviction was in the distant past, then having a clean criminal record in the years since can work in your favor. Having the conviction expunged from your record can also help in getting a job or a professional license. In either case, if you have had a past brush with the law, you should talk to an attorney to find out how offense will affect your being able to find work.

A Notary Public is allowed to perform wedding ceremonies in the State of Florida, but not all Notaries will perform weddings, usually because of their own personal religious beliefs. The law giving Notaries the authority to perform marriages was enacted in 1861.

In order to solemnize a marriage, the couple must obtain a valid Florida marriage license from a county court judge or Clerk of the Circuit Court and present it to the Notary before the marriage ceremony. The Notary must verify the effective date and expiration date of the license and require proper identification if they are not personally known to the Notary.

Vows can be personalized and unique, but the intent to make a legally binding commitment must be made. The Notary is responsible for completing the certificate portion of the Marriage Record and returning it to the office that issued the license, within 10 days after the ceremony.

Following is an example of what a ceremony should contain(at a minimum), when performed by a Notary Public:

Some sort of announcement (like “Dearly Beloved….we are gathered here today..)to announce the joining of the man and woman in (holy) matrimony….Then the Exchange of Vows:

The Notary will ask the woman, “(her name), do you take this man to be your husband, to live together in (holy) matrimony, to love him, to honor him, to comfort him and to keep him in sickness and in health, forsaking all others, for as long as you both shall live”"She should answer….”I do”This may be repeated in kind for the man.

Then the Notary would state, “repeat after me” – To the Man….”I (his name), take you (her name) to be my wife, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part.” To the Woman…” I (her name), take you (his name) to be my husband, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part.”

Then they would exchange rings as the Notary would ask the man to place the ring on the woman’s finger and to repeat, “I give you this ring as a token and pledge of our constant faith and abiding love” (same for woman).

Then the Notary would ask the couple to join hands and would declare, “By virtue of the authority vested in me under the laws of the State of Florida, I now pronounce you husband and wife” Then to the man….”you may now kiss the bride”

Having had to deal with identity theft personally, the following article rings true and is worthy of repeating, even if you “already know this.” We often forget the simple ways we let our personal information escape into the public.

Becoming an identity theft victim can happen to anyone. Many people believe they can only become a victim if they make purchases online. However, there are countless ways people can become a victim of identity theft. Identity theft is becoming an increasing problem at an alarming rate.One of the most common ways people become victims of identity theft is through mail fraud. Every day, people receive junk mail that they carelessly toss in the trash. If someone gets a hold of your junk mail, with some of your personal information, they can easily steal your identity. Therefore, it is important to shred any unwanted mail you may receive. It is worth investing in a cross shredder, so that your information does not fall into the wrong hands. These are readily available at just about any office supply store, or even a national chain such as Best Buy or Circuit City, and they are relatively inexpensive.You can also become an identity theft victim if your wallet is either lost or stolen. Chances are, you carry credit cards, your driver’s license and other valuable, personal information in your wallet. Therefore, if it falls into the wrong hands, your identity can easily be taken over.If you have fall victim to identity theft, there are a variety of different steps you will want and need to take. One of the first steps is to contact the three major credit bureaus and place a fraud alert on your credit. This can help in preventing the thief from continuing to use your identity and your credit.Next, you will want to close any and all accounts that could have been affected by the thief. You will want to speak with a fraud worker for each company, so they have a full understanding of what is going on. When it is time to open new accounts, do not use the same PIN or Personal Identification Number you had used before. Likewise, you will want to avoid using numbers such a portion of your social security number, part of your phone number or birth date. As well, you will want to avoid using consecutive numbers.You will also want to contact the Federal Trade Commission and file a complaint with them. You can either file the complaint online or by contacting them personally. The information that you provide the Federal Trade Commission will then be used to help track down the person who stole your identity. As well, you will want to file a report with your local police department. By filing a report with the Federal Trade Commission and your local police department, you are then entitled to certain types of protection. The reports will help block any fraudulent information from showing up on your credit report. Likewise, you will not be held responsible for any debt the thief racked up.One of the most important things you can do is keep accurate records. Keep a notebook with the date and time and name of the person that you talked with at your bank, at your credit card companies, and even at the police department. Keep a copy of the fax or email you sent to report the crime. This is for your own benefit, since there are some credit card companies who may not believe that your identity was stolen, that all these new charges are really yours, and this documentation can help them understand this is real for you.Anyone can become an identity theft victim. However, there are a variety of different steps you can take to both prevent the theft from occurring, as well as steps you can take to recover from the incident. With the rise in number of identity theft cases, it is very important to remain on the defense and take as many precautions as possible.

For more insights and additional information about how to avoid becoming an Identity Theft Victim as well as finding out about some services available to help prevent identity theft, please visit our web site at http://www.idtheftprotectiontips.com

A Florida grand jury studying the problem of identity theft concluded that businesses lose an average of $17,000 per identity theft victim. A Notary Public is one of lines of defense against identity fraud, the continuing crime after the actual identity theft.

During sensitive transactions, such as the purchase or sale of real estate, a Notary Public who performs their duties properly and with a keen eye, can serve as a deterrent in fraudulent situations.

Here are three basic reminders of what Notaries should know without fail, to prevent identity fraud:

First and foremost, the signer must personally appear in front of the Notary to sign.

Secondly, the signer must provide proper identification. NO photocopies of licenses, or passports. Only the original document. Birth Certificates are not valid identification.A good Notary knows what constitutes valid ID.

Third, watch the individual sign the document and examine the signature for any discrepancies between their signature and the identification provided.

Keeping a Notarial log of each transaction handled is an added measure of protection. Keep in mind that Florida recommends, but does not require Notaries to keep a log – there are States that require a Notary Public to maintain a transaction log.

CYA – keep a log.