A Massachusetts notary public is a public officer commissioned by the Commonwealth, so the records they keep—called a notarial journal—are official records of each notarial act. The journal entry shows when the notarization took place, who appeared, what type of document was involved, and how the signer was identified. This creates a clear, reliable trail if the notarization is ever questioned later.
However, a notary’s journal is not a general "public record" that anyone can freely inspect. It is the notary’s official business record and may contain sensitive personal information. Access is limited and may be allowed only in specific situations, such as by subpoena, court order, or as otherwise permitted by law—not through ordinary public records requests.
Destroying, Stealing, or Defacing a Notary Public's Official Papers
In Massachusetts, interfering with the records or official papers of a notary public is a crime under M.G.L. c. 222 § 10, which states: "[w]hoever knowingly destroys, defaces or conceals the records or official papers of a notary public shall forfeit not more than one thousand dollars and be liable for damages to any person injured thereby."
In Massachusetts, interfering with the records or official papers of a notary public is a crime under M.G.L. c. 222 § 10, which states: "[w]hoever knowingly destroys, defaces or conceals the records or official papers of a notary public shall forfeit not more than one thousand dollars and be liable for damages to any person injured thereby."
Summary of M.G.L. c. 222 § 22 - Chronological Official Journal of Notarial Acts; Contents; Exceptions From Duty to Maintain; Examination; Safeguarding.
📘 Core Purpose of the Law
The statute requires most notaries to maintain a permanent, tamper-evidence journal documenting their notarial acts. This journal serves as an official record that can be inspected by law enforcement, subpoenaed by a court, or surrendered to the Secretary of the Commonwealth when required.
🧾 What the Journal Must Contain
For every notarial act except issuing a summons/subpoena or administering an oral oath, the notary must record:
The law prohibits recording Social Security numbers or credit card numbers.
📚 Journal Format and Limits
🛡️Safeguarding and Access
Notaries must:
A journal cannot be used by another notary or surrendered to an employer when employment ends.
⚖️ Who Is Exempt
A journal is not required for:
If an attorney or paralegal chooses to keep a journal, attorney‑client privilege and work‑product protections remain intact.
📝 Additional Requirement
If a notarial act is not completed, the notary must record the reason in the journal.
📘 Core Purpose of the Law
The statute requires most notaries to maintain a permanent, tamper-evidence journal documenting their notarial acts. This journal serves as an official record that can be inspected by law enforcement, subpoenaed by a court, or surrendered to the Secretary of the Commonwealth when required.
🧾 What the Journal Must Contain
For every notarial act except issuing a summons/subpoena or administering an oral oath, the notary must record:
- Date and time of the act
- Type of notarial act
- Type or title of the document or transaction
- Signature, printed name, and address of each principal and witness (with privacy protection for battered persons)
- How the notary identified each person (ID details, credible witness, personal knowledge)
- Whether the act was in‑person or remote
- Any fee charged, including technology fees
- The address where the notarization occurred (special rules for remote notarization)
The law prohibits recording Social Security numbers or credit card numbers.
📚 Journal Format and Limits
- A notary may keep only one tangible journal at a time.
- Multiple electronic journals are allowed if they meet the Secretary of State's tamper-evident requirements.
- Tangible journals must be bound with numbered pages.
🛡️Safeguarding and Access
Notaries must:
- Maintain exclusive control of the journal (or designate a third‑party technology provider by agreement)
- Protect the journal from unauthorized use
- Surrender or destroy records only as allowed by law or by direction of the Secretary
- Allow inspection by law enforcement during an investigation, or comply with court subpoenas
A journal cannot be used by another notary or surrendered to an employer when employment ends.
⚖️ Who Is Exempt
A journal is not required for:
- Attorneys admitted in any jurisdiction
- Employees of attorneys (paralegals)
- Notaries working for government entities performing notarial acts within their employment
If an attorney or paralegal chooses to keep a journal, attorney‑client privilege and work‑product protections remain intact.
📝 Additional Requirement
If a notarial act is not completed, the notary must record the reason in the journal.
