Notaries public play a crucial role in authenticating documents and witnessing signatures, but their authority does not automatically extend to performing fingerprinting. This article explains what a notary can and cannot do regarding fingerprints, how fingerprinting is typically conducted, and the best practices for individuals who need background checks in the United States.
Overview Of Notaries And Fingerprinting
Notaries public are commissioned to verify identities, witness signatures, and ensure documents are executed properly. Their authority varies by state, and most notaries are not trained or authorized to capture or process fingerprints. Fingerprinting involves collecting biometric data, which is governed by state and federal privacy and security regulations. Because fingerprinting is a specialized task with potential privacy implications, it is usually handled by dedicated fingerprinting services, law enforcement agencies, or approved providers rather than general notaries.
When Fingerprinting Is Required
Background checks for employment, licensing, volunteering, or immigration often require fingerprints. The requesting agency or organization will specify the type of fingerprinting needed, such as FBI background checks or state-level checks. Common formats include ink cards, electronic livescan submissions, and digital files. Applicants should confirm which method is accepted and the exact submission path, since inaccuracies can delay approvals or require repeat prints.
- Ink fingerprinting uses traditional print cards and is sometimes requested for state records or specific programs.
- Livescan/electronic fingerprinting uploads prints directly to state or federal databases and is generally faster and more secure.
- Specialized background checks may require additional documentation or attestations beyond fingerprint data.
Notaries should not imply they can complete or certify fingerprint submissions. If a notary is approached for fingerprints, it is appropriate to refer the requester to an authorized fingerprinting service or agency to avoid misrepresentation.
Can Notaries Perform Ink Or Live-Scan Fingerprinting
In most jurisdictions, notaries are not authorized to capture or process fingerprints as part of their routine duties. Some states may permit basic in-person identity verification for fingerprinting appointments arranged by an approved provider, but the notary’s role would be limited to witnessing identity or collecting required documents, not capturing the prints themselves. It is essential to verify:
- State-specific rules limiting or permitting notaries to assist with fingerprinting.
- Whether the provider conducting the fingerprints is separately licensed or certified.
- Privacy protections governing how fingerprints are stored, transmitted, and retained.
If a notary does offer fingerprinting services, it should be explicitly allowed by state law and the notary’s commissioning authority. In practice, most notaries will avoid handling biometric data beyond notarization tasks to minimize risk and ensure compliance.
Legal Boundaries And Jurisdictional Rules
Fingerprinting law is complex and varies widely by state. Notaries must adhere to the applicable Notary Act, privacy statutes, and any regulations related to biometric data. Key considerations include:
- Authentication vs. collection: Notaries authenticate signatures, not collect fingerprints.
- Data security: Fingerprints are highly sensitive; improper handling could violate privacy laws and trigger penalties.
- Third-party services: Many agencies require fingerprints be captured by approved providers with secure transmission to the appropriate database.
When in doubt, individuals should contact the requesting agency for a list of approved fingerprinting providers in their area and confirm the submission method. Notaries should refrain from offering fingerprinting services unless explicitly authorized by state law and their regulatory body.
Alternatives And Best Practices
For those who need fingerprints for a background check, consider these best practices:
- Use approved providers: Seek out the agency’s recommended vendors or state police/child welfare offices for fingerprints.
- Choose the right method: Determine whether ink cards or livescan is accepted, and ensure proper format and submission.
- Schedule promptly: Plan ahead to accommodate potential delays in processing and reporting.
- Confirm identity documentation: Bring government-issued photo ID and any required forms or consent waivers.
- Protect privacy: Inquire about data retention policies, who can access prints, and how long records are kept.
If a notary is consulted for assistance, the notary can help with proper identity verification and document preparation, but the actual fingerprint capture should be handled by a licensed fingerprinting service or agency.
Costs And How To Verify Service
Costs for fingerprinting vary by provider, location, and the type of background check. Typical components include:
- Service fee for fingerprint collection.
- Processing or submission fee to the relevant agency or database.
- Expedited options with faster processing times.
To verify legitimate services, check:
- Credentials of the provider (certifications, licenses, or agency approvals).
- Accepted formats by the requesting entity (FBI, state check, etc.).
- Privacy policies and data handling practices.
For those considering notary assistance, it is prudent to confirm with the notary whether they can facilitate scheduling or document collection, but not to perform fingerprinting themselves unless explicitly authorized.