Moral Turpitude (Commission Disqualification)

Government Code §8214.1 authorizes the Secretary of State to deny, suspend, or revoke a notary commission when the notary has been convicted of a crime involving moral turpitude. The phrase is a legal term of art describing offenses that reflect a fundamental character defect — typically crimes involving dishonesty, fraud, deceit, or intentional harm to others.

Examples courts have found to involve moral turpitude: theft, fraud, forgery, perjury, and crimes with an inherent dishonesty element. Examples generally found not to involve moral turpitude: minor traffic infractions, most regulatory offenses, and crimes lacking any element of dishonesty.

The standard applies to convictions of any degree — felony, misdemeanor, or lesser offense — as long as the offense's essential character involves the relevant dishonesty element. A nolo contendere plea counts as a conviction for this purpose under §8214.1(b).

Exam Tip: The reliable rule: if the crime involves lying, stealing, defrauding, or deceiving, it almost certainly qualifies as moral turpitude. If a notary receives any criminal conviction during their commission period, they should report it to the Secretary of State's office. The SOS may take action regardless of whether the conviction was for a felony or a misdemeanor.