Background Check Screening
Federal Law pertaining to the Handling of Personal Information
In 1999, the U.S. Congress passed
The Gramm-Leach, Bliley Financial Services Modernization Act
(Gramm-Leach, 15 U.S.C. subchapter 1, section 6801-6809)
which became law. Because of this federal mandate to protect the consumer's personal
information, some of the lending and title services are requiring all persons
handling sensitive personal information to have a more extensive background screening.
As a Certified Notary Signing Agent handling loan documents, you may be requested to
comply with this additional background check by these service companies.
State of California requirements
A notary public background check is required by the Secretary of State's office in
California for all seeking to become commissioned as a notary public. The background
check is completed by the Department of Justice (DOJ), State of California and now
additionally by the Federal Bureau of Investigation (FBI).
Current commissioned California Notary Publics can be assured that you are in compliance
and authorized to complete any notary services within the State of California,
including the handling and completing of loan documents.
If you would like to obtain a copy of your criminal history summary record
on file with the Department of Justice in California, you can find information on this at
Criminal Records - Request Your Own.
Other States requirements
Most states do not require a background check to be performed at the time you are
commissioned as a Notary Public, but they do require you to swear that you have not
been convicted of a felony or a lesser offense involving moral turpitude of a nature
that is incompatible with the duties of a notary public.
Notary Public Background Check Certification
The Notary Learning Center supports the
Notary Public Background Check Certification
offered by the National Verification Registry.
They are offering a Standard Level 2 Notary Public Background Check certification.
Many real estate title companies are or will be requiring that notary signing agents
submit to criminal background checks. This requirement is based on an interpretation
of laws and guidelines pertaining to privacy and the confidentiality of customer
information. The Financial Modernization Act or Graham-Leach-Bliley Act of 1999 (GLBA),
for example, requires safeguards to help protect the privacy of others.
Be sure to check with your clients to determine that this Level 2 Background Check will be
acceptable to them. You will also have the opportunity to purchase
Official Copies
of your background report which is ideal for mailing to your clients.
Despite the fact that many notaries public have already submitted to intensive,
state-commissioned background checks, certain industry players have been promulgating
the need for third-party checks and expensive certifications. These actions have called
into question the method and motive of the players, along with the legitimacy and value
of a large number of existing notary signing agent educational programs.
Still, because it appears the demand for third-party background checks is here to stay,
Notary Learning Center is sponsoring the
National Verification Registry™ an open, independent, Notary Public Background
Check Certification service.
We include this (GLBA) information in our "Certified Notary Signing Agent" classes. This
Notary Public Background Check does not require a membership or any additional purchasing
of product or services.
This certification program is available at
www.notarypublicbackgroundcheck.com.
Notaries should be aware that restrictions for presenting loan documents may be limited
or constrained in some states. For more information go to
State Restrictions
.
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