Arizona UPL Statute Summary

A.R.S. §41-329. Notary Public Title; Foreign Language; Violation; Classification.

  1. Every notary public who is not an attorney and who advertises, by any written or verbal means, the services of a notary public in a language other than English, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the other language. The notice shall be of conspicuous size, if in writing, and shall state: "I am not an attorney and cannot give legal advice about immigration or any other legal matters."
  2. A notary public who is not an attorney may not render any service for compensation that constitutes the unauthorized practice of immigration and nationality law as defined in section 12-2701.
  3. If a notary public violates subsection B of this section, in addition to any other penalty, the secretary of state shall impose a civil penalty of not more than one thousand dollars and permanently revoke the notary public's commission.
  4. A notary public who violates subsection A of this section is guilty of a class 6 felony and the secretary of state shall permanently revoke the notary public's commission.

A.R.S. § 12-2701. Definitions

In this chapter, unless the context otherwise requires:

  1. "Immigration or naturalization matter" includes all matters implicating any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States.
  2. "Original document" means any document of the United States government or any department or agency of the United States government, any foreign government, any state government or any political subdivision of any state, any United Nations document or any other document, including signed affidavits, that would demonstrate physical presence by a person in the United States.
  3. "Unauthorized practice of immigration and nationality law" means:
    1. The act of any person appearing in any case, either in person or through preparation or filing of any brief or other document, paper, application or petition on behalf of another person or client before or with the immigration and naturalization service, or any officer of the immigration and naturalization service, the executive office for immigration review or the board of immigration appeals, without authorization under this chapter.
    2. The study of the facts of a case and the applicable laws, coupled with giving advice and auxiliary activities, including the incidental preparation of papers, without authorization under this chapter, but does not include the lawful functions of a notary public, nonprofit organization or service consisting solely of assistance in the completion of blank spaces on printed immigration and naturalization service forms by a person whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure.

Immigration and Nationality Law Practice Act

A.R.S. § 12-2703. Scope of Remedies; Violation; Classification

  1. It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to otherwise violate this chapter.
  2. A person having an interest or right that is or may be adversely affected under this chapter may initiate an action for civil remedies. The provisions of this article are in addition to all other causes of action, remedies and penalties that are available in this state.
  3. The attorney general shall initiate appropriate proceedings to prevent or to stop violations of this chapter.
  4. Section 13-703, subsection A does not apply for the purpose of enhancing the sentence of a person who is convicted of two or more offenses under this section.
  5. A person who violates this chapter is guilty of a class 6 felony.

A.R.S. 12-2704. Unlawful Practices; Investigation

An act or practice in violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.

A.R.S. 13-604. Class 6 Felony; Designation

  1. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.
  2. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following:
    1. An information in superior court designating the offense as a misdemeanor.
    2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court.
    3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.

Reporting Ineffective Assistance of Counsel

Ineffective assistance of counsel can be reported to the Arizona State Bar. They prefer that you first read the information on this page, then go to the complaint form.

Enforcement Mechanisms/Complaint Processes for UPL

Victims may contact the Consumer Protection Section of the Office of Attorney General. You may file a complaint online or mail it and supporting documents to:

Office of the Attorney General

Attn: Consumer Information and Complaints
2005 N Central Ave
Phoenix, AZ 85004

Liability under the Arizona Immigration and Nationality Unfair Practices Act, accessible here.

The Arizona State Bar also has a UPL Committee, which has the authority to bring an action to enforce rules regarding non-lawyers engaging in the unauthorized practice of law. You may file a complaint regarding the conduct of the non-lawyer and the state bar will review the allegations and determine whether it is appropriate to prosecute the individual.  A complaint form can be accessed here.

Contact Information for Relevant Agencies

Office of Attorney General:

Phoenix Office
2005 N Central Ave
Phoenix, AZ 85004-2926
Tel: (602) 542-5025 
Fax: (602) 542-4085

Tucson Office
400 West Congress
South Building, Suite 315
Tucson, AZ 85701-1367
Tel: (520) 628-6504
Fax: (520) 628-6530

Prescott Office
1000 Ainsworth Dr.
Suite A-210
Prescott, AZ 86305-1610
Tel: (928) 778-1265
Fax: (928) 778-1298

Arizona State Bar Association:

Main Office
4201 N. 24th Street, Suite 100
Phoenix, AZ 85016-6266
Tel: (602) 252-4804
Toll Free: (866) 482-9227
Fax: (602) 271-4930

Southern Regional Office/Tucson
270 N. Church Ave, Suite 100
Tucson, AZ 85701-1113
Tel: (520) 623-9944
Fax: (520) 623-9974

Notary Public Information:

Secretary of State
Attn: Notary Dept.
1700 W. Washington St., Floor 7
Phoenix, AZ 85007-2808

Consumer Information and Complaints

Phoenix: (602) 542-5763
Fax: (602) 542-4579
Tucson: (520) 628-6504
Email: consumerinfo@azag.gov

Becoming a Notary Public

To qualify for an Arizona notary public commission, an applicant:

  • Must be 18 years of age
  • Must be a citizen or a legal permanent resident of the U.S.
  • Must not have a conviction for a felony unless your civil rights have been restored, or a conviction of a lesser offence involving moral turpitude or of a nature that is incompatible with the duties of a notary public
  • Must be able to read and write English
  • Must be an Arizona Resident for income tax purposes
  • If you have had a professional license revoked or suspended for misconduct or dishonesty or any cause that substantially relates to the duties or responsibilities of a notary public, or if you have had your notary commission revoked or suspended, the Secretary of State may refuse to grant you a commission.

The application for notary public can be accessed here.

The Secretary of State has a search tool of recently issued commissions or to locate any current Arizona notary, which can be accessed here.