RON recording retention by state
Every remote act leaves a recording, and every state that allows remote acts says how long it must survive. Fewer say who may hold it, and fewer still what happens to it when you change platforms. This guide reads all three for 12 states, from each state's own rule. Related record rules are under journals, records and e-seals.
Rules last read
Fig. 1The periods, state by state
Periods count from the session. The journal's period sits beside the recording's because in most states they match, and where they do not (Pennsylvania hands its journal to the county recorder) you plan for two dates. For a given session, the retention date calculator works both out.
| State | Recording kept | Journal kept | Who holds the recording |
|---|---|---|---|
| CO | 10 years | 10 years | Only a remote notarization system or storage provider approved by the Secretary of State. |
| KS | 10 years | 10 years | The rule read here sets the period, not the holder. Check the platform's terms. |
| LA | check | check | Check your state's current rule. |
| ME | 10 years | 10 years | The rule read here sets the period, not the holder. Check the platform's terms. |
| MD | 10 years | 10 years | The rule read here sets the period, not the holder. Check the platform's terms. |
| MO | 10 years | 10 years | The approved platform backs it up and must let you access and export it. |
| NE | 10 years | 10 years | The solution provider, which must let you download your records. |
| PA | 10 years | to the county Recorder of Deeds within 30 days | The platform, for the period you designate, or you, once you download it. |
| FL | 10 years | 10 years | The RON service provider keeps the copy; it may be delegated to a secure repository, with notice. |
| TX | 5 years | 5 years | You, under your exclusive control, or a third party that gives you complete access for the whole period. |
| VA | 5 years | 5 years | You, as part of your electronic record of notarial acts, backed up and protected. |
| WA | 10 years | 10 years | You, or a repository under a written contract. |
Fig. 2A platform as custodian, or you
A recording is a large file in someone's cloud. The question that matters on the day a lender, a court or the Secretary of State asks for it is whose cloud, and whether you can get it out. The rules read here sort like this:
- The platform holds itCO, FL, PA, MO, NE
- You hold it, or a contracted storeTX, WA
- You hold itVA
- Not stated in the rule readKS, MD, ME
Where the platform is the custodian, its terms become part of your compliance. In Colorado only an approved system or storage provider may store the recording at all, so a copy on your own drive is a backup, not the record (our Colorado page has the provider rules). In Florida the provider keeps the copy and may charge up to $20 for access, free to the parties, a title or settlement agent, the Department and the notary. In Texas and Washington the duty is yours, and a storage contract is how you meet it, which is why the contract's access terms matter more than the storage price; the Washington platform comparison reads those terms platform by platform. Pick the platform with this in mind; the solo notary platform comparison reads each one's stated retention.
When you leave a platform
Changing platforms does not end your duty to keep what the old one holds. The period runs from each session, so records from your first year on a platform may need keeping long after you stop using it. The states that say what happens next:
- TXIf your contract with a third-party store ends, all your records must be transferred to you.
- PAA provider that stops offering its technology tells the Department and every notary who used it in the preceding 10 years at least 60 days ahead, with instructions for exporting journals and recordings.
- COYour remote approval expires automatically if the approval of the provider you use is revoked, unless another provider is already on file or you have notified one; if it expires, delete your seal and signature from the system and deal with the journal and recordings unless the Secretary reapproves you within 30 days. Notify the Secretary of State through its online system within 30 days after changing a system or storage provider.
- FLAn added, changed or dropped provider is reported to the Department within 30 days.
- MDTell the Secretary of State within 10 business days of a vendor change.
Fig. 3Backups and file format
A period means little if the file will not open in eight years. A few states say how the recording is kept, not only how long:
- WA Keep the audio-visual recording at least ten years after it is made, password-protected, in an industry-standard file format, without images of the record, with a secure backup. A repository may store it under a written contract.
- TX The original recording and a backup, both for the full period.
- MO Captures what the notary needs for the record, lets the notary access and export it, and backs up the records and the recording automatically.
- FL An uninterrupted, unedited copy of the audio-video recording.
What the recording itself must show, and what must stay out of it, is set out in RON session recording requirements.
Questions notaries ask
How long do I keep a RON recording?
It depends on the state whose law governs the act. 9 of the 12 states read here set 10 years; Texas and Virginia set 5. Outside these states, check your state's current rule.
Is it enough that my platform keeps the recording?
Only where the rule makes the platform the custodian, and only if its own retention is at least your state's period. Get its retention term and its export route in writing.
Can I delete a Texas recording after five years?
The Texas period is 5 years after the notarization, for the original and the backup. The Secretary of State calls keeping records indefinitely a best practice, so deleting is allowed after the period, not advised.
Does the recording include the documents?
Texas says the recording need not include a copy of the documents, and Washington's rule keeps images of the record out of it. The documents are kept as the notarized electronic records.
Related
- RON recording retention date calculatorSession date and state in, the earliest date the recording and journal may go out.
- RON session recording requirementsWhat the recording must show, what it must not hold, the backup rule, and who may get a copy.
- Notary journal requirements by stateWhich states require a journal, what an entry for a remote act must hold, and how long it is kept.
- RON platforms for a solo notary, comparedFor an independent notary: own signers, a journal and recording kept for your state's period, and the state lists each is on.
- Using more than one RON platformWhether a notary may work on several platforms, and the notice each state asks for per technology.