Washington Notary Credible Witness and ID Requirements
You Cannot Notarize What You Cannot Verify
Before anything else in a notarization — before you open your journal, before you pull out your stamp — you must confirm that the person sitting in front of you is who they claim to be. Washington law under RCW 42.45.030 requires satisfactory evidence of identity for every notarial act. If you cannot establish identity, you cannot proceed. Full stop.
This sounds straightforward until a signer shows up without a current driver's license, or hands you an ID you've never seen before, or has no photo identification at all. Understanding what Washington accepts — and what to do when none of those options work — is what separates a smooth notarization from a liability exposure.
Acceptable Forms of Identification
Under RCW 42.45.030, satisfactory evidence of identity includes a government-issued identification document that is current or expired within the preceding five years and bears a photograph and signature of the individual. In practice, that means:
- Washington driver's license or state ID card
- U.S. passport or passport card
- Military identification (CAC or dependent ID)
- Other state-issued driver's license or ID from any U.S. state or territory
- Foreign passport — current, with photo and signature
The document must be an original — not a photocopy, not a photo on a phone screen, not a digital wallet rendering. It must contain both a photograph and a signature. An ID with a photo but no signature field (some foreign national IDs, certain tribal cards) does not satisfy the statutory requirement on its own.
Expired documents are acceptable only if they expired within the last five years. A driver's license that expired six years ago does not qualify, regardless of how clearly the photo matches the signer.
When the Signer Has No Acceptable ID
This is where the credible witness mechanism comes in. Under RCW 42.45.030, if a signer cannot produce a qualifying identification document, you may rely on the oath or affirmation of a credible witness to establish their identity.
A credible witness is a person who:
- Is personally known to both the notary and the signer — or is personally known to the notary and swears/affirms that they personally know the signer
- Can be identified by the notary through a qualifying government-issued photo ID (the same standard that applies to signers)
- Has no financial interest or beneficial stake in the transaction being notarized
- Signs the notary's journal as a witness to the identification
The credible witness does not sign the document itself. They appear before you, present their own valid ID, take an oath or affirmation that they personally know the signer, and you record their information in your journal alongside the signer's entry.
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How to Document a Credible Witness Transaction
Your journal entry for a credible-witness notarization must include more than the standard fields. Record:
- The signer's name (as it appears on the document being notarized)
- The credible witness's full legal name
- The credible witness's identification document type, number, and expiration date
- A notation that identity was established through credible witness rather than direct ID
- The credible witness's signature in your journal
This documentation matters because it creates the audit trail that protects you if the notarization is later challenged. Without it, you have no evidence that you followed the statutory procedure for identity verification.
Common Scenarios and How to Handle Them
The signer has an expired license (more than five years). This does not qualify. Ask whether they have a passport, military ID, or any other government-issued photo ID. If not, request a credible witness.
The signer presents a foreign document you cannot read. If it is a government-issued document with a photograph and signature, it qualifies under the statute regardless of language. You are verifying the photo match and document authenticity, not reading the text. If you have reasonable doubts about authenticity, you have the authority to refuse under RCW 42.45.060.
The signer wants to use a work badge or student ID. These are not government-issued and do not satisfy the identification requirement, even if they include a photo and signature.
Two credible witnesses instead of one. Washington's statute allows identity to be established by a single credible witness who meets all the requirements. You do not need two — though having two is not prohibited if both are present and willing.
The Notary's Refusal Authority
RCW 42.45.060 gives you explicit authority to refuse a notarization if you are not satisfied that the signer's identity has been adequately established. This is not optional caution — it is a professional obligation. If the ID looks altered, the photo does not match, or the credible witness seems unreliable, you must refuse.
Refusing protects you from personal liability, potential bond claims, and commission revocation proceedings. A declined notarization has no penalty; a fraudulent one can end your commission.
For the full identity verification sequence integrated into the step-by-step commissioning workflow, the Washington Notary Commission guide covers what to check, how to document it, and when to walk away.
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