What an affidavit of loss is and why you need one
An affidavit of loss is a sworn statement you file with your state's DMV saying your driver's license has been lost or stolen. It is not the same as a replacement license — it is a legal document that goes into your DMV record before you order a new one. Most states require you to file this affidavit before they will issue a replacement, especially if your license was stolen rather than straightforward misplaced.
You need an affidavit of loss because it protects you and the state. It creates an official record that your old license is no longer valid, which matters if someone finds it or if a thief tries to use it. Without this step, your old license could theoretically still be presented as valid identification, and you could be held responsible for anything done with it. Filing the affidavit also alerts the DMV to flag your old license number in their system.
The process varies by state. Some states let you file the affidavit online or by mail; others require you to appear in person at a DMV office. A few states do not require a separate affidavit at all — they treat the replacement process itself as your sworn statement. Check your state's DMV website to see which category yours falls into before you start.
Key Takeaways
- An affidavit of loss is a sworn legal statement filed with your DMV that declares your driver's license lost or stolen and invalidates the old license number.
- Most states require you to file an affidavit before issuing a replacement license, though the exact process and whether it is a separate document depends on your state.
- You will need to swear or affirm under penalty of perjury that your license is lost or stolen, and some states require this to happen in front of a notary public or DMV officer.
- Filing an affidavit of loss itself is free, but you will pay a separate fee for the replacement license itself, which varies by state from $15 to $50.
- After you file, your old license is flagged in the DMV system and should no longer be accepted as valid identification.
How to file an affidavit of loss in your state
Start by visiting your state's DMV website and searching for "affidavit of loss" or "lost driver's license." Most state DMVs have a dedicated page that tells you whether you need a separate affidavit form or whether you can file it as part of your replacement process. Some states use the term "statement of loss" or "declaration of loss" instead, so try those terms too if your first search does not return results.
If your state requires a separate affidavit, read or request the form. Common forms include the Statement of Loss (used in California), the Affidavit of Loss (used in Texas and New York), or the Lost/Stolen License Report (used in some other states). Read the form carefully — it will ask you to state under penalty of perjury that your license is lost or stolen, when you last had it, and whether you have reported it to police if it was stolen.
Some states require you to have the affidavit notarized before you submit it. A notary public is someone authorized by the state to witness your signature and verify your identity. You can find notaries at banks, UPS stores, law offices, and some libraries — many charge $5 to $15 per signature. If your state requires notarization, the DMV website will say so explicitly. If it does not, do not pay for notarization; you do not need it.
Once the affidavit is complete and signed (and notarized if required), submit it according to your state's instructions. This might mean mailing it to a DMV address, uploading it to an online portal, or bringing it in person to a DMV office. At the same time, you will usually submit your process for a replacement license and pay the replacement fee.
What information goes on the affidavit form
The affidavit asks for basic identifying information: your full name, date of birth, current address, and your driver's license number (if you remember it). If you do not remember your license number, leave it blank — the DMV can look it up using your name and date of birth.
You will also state whether your license was lost or stolen. If it was stolen, you may be asked whether you reported it to police and, if so, the police report number. Having a police report strengthens your case and protects you further, but not all states require one. If your license was straightforward lost and you did not report it, that is fine — just select "lost" on the form.
The affidavit will include language stating that you are swearing or affirming under penalty of perjury that the information is true. This means you are making a legal statement, and lying on the form is a crime. You do not need to worry about this if you are being truthful — it is standard legal language that appears on most government forms.
Notarization requirements by state
Whether your state requires notarization depends on which state you live in and how you are filing. Some states require a notary public to witness your signature before you submit the affidavit. Others allow you to sign in front of a DMV officer at an office instead. Still others let you sign electronically as part of an online filing, which needs no notary at all.
If notarization is required, you can find a notary at banks, UPS stores, law offices, libraries, or through online notary services. Most charge $5 to $15 per signature. If your state does not require notarization, do not pay for it — your signature alone is sufficient. Check your state's DMV website or the affidavit form itself to see what your state requires.
| State Requirement | What This Means | Where to Get It Done |
|---|---|---|
| Notarization required | You must have a notary public witness your signature before submitting the affidavit. | Banks, UPS stores, law offices, libraries, or online notary services (varies by state). |
| Notarization not required | Your signature alone is sufficient; no witness needed. | Not applicable — sign and submit. |
| DMV officer signature required | You must sign the affidavit in front of a DMV employee at an office. | Your local DMV office during business hours. |
| Online filing only | You sign electronically as part of your online replacement process; no separate notarization. | Your state's DMV website. |
Timeline and what happens after you file
Once you submit your affidavit of loss and replacement process, the DMV will process both together. Processing time varies by state — some states issue a replacement license within one to two weeks, while others take four to six weeks. Check your state's DMV website for the current processing time, as it can change depending on volume.
While you are waiting, your old license number is flagged in the DMV system. If someone tries to use your old license, it will show as invalid. You will receive your new license by mail in most cases, though some states allow you to pick it up in person at a DMV office if you need it faster.
If you filed a police report for a stolen license, keep a copy of that report for your records. Some states use it to prioritize your replacement, and it also protects you if the old license is later used fraudulently — you have documentation that you reported it.
What to do if you cannot find your license number
Your driver's license number appears on the physical card itself, but if the card is lost, you may not know the number. This is not a problem. The DMV can look up your license number using your name, date of birth, and address. Leave the license number field blank on the affidavit if you do not know it, and the DMV will fill it in from their records.
If you are filing in person at a DMV office, a staff member can look up your number while you are there. If you are filing by mail or online, the DMV will match your information to their database automatically. Either way, you do not need to track down your old license number yourself.
Fees and costs
Filing an affidavit of loss itself is free in all states. However, you will pay a fee for the replacement license, which varies by state. Replacement license fees typically range from $15 to $50, depending on your state and the type of license (standard, REAL ID, or commercial). Some states charge less if you are replacing a lost license than if you are renewing an expired one.
If you need notarization and do not have a free option (such as through an employer or bank), expect to pay $5 to $15 for a notary's signature. Some online notary services charge more, but they may be faster if you cannot visit a notary in person. Check your state's DMV fee schedule on their website to see the exact cost for your replacement license.
Frequently Asked Questions
Do I need to file a police report before filing an affidavit of loss?
No, a police report is not required to file an affidavit of loss. However, if your license was stolen rather than lost, filing a police report is a good idea for your own protection. It creates an official record that you reported the theft, which protects you if the license is later used fraudulently. Some states ask on the affidavit whether you reported it to police, but answering no does not prevent you from getting a replacement.
Can I file an affidavit of loss online, or do I have to go to the DMV?
It depends on your state. Some states let you file entirely online through their DMV portal, while others require you to mail the form or appear in person. A few states allow you to choose. Check your state's DMV website to see which options are available. If you can file online, it is usually the fastest route.
What if I find my old license after I file the affidavit?
If you find your old license after filing an affidavit of loss, you should destroy it or return it to the DMV. Do not try to use it — it has been flagged as invalid in the system. Your new license is the valid one. If you are concerned about the old license being misused, you can contact your DMV to confirm it has been deactivated.
How long does it take to get a replacement license after filing an affidavit?
Processing time varies by state, typically ranging from one to six weeks. Some states offer expedited processing for an additional fee if you need the license faster. Check your state's DMV website for current processing times, as they change based on how busy the DMV is.
Can someone else file an affidavit of loss on my behalf?
No, you must file the affidavit yourself because you are swearing under penalty of perjury that your license is lost or stolen. However, someone can help you fill out the form or take it to the DMV for you. The signature and the sworn statement must be yours.