Changing your name is a significant personal decision that can affect many aspects of your life. In Texas, the law allows most adults to legally change their names.
However, for convicted felons, the process is much more complex and comes with unique legal barriers and requirements.
There are various reasons why someone might want to change their name. These can include personal identity, religious conversion, marriage, divorce, or even wanting a fresh start after serving a criminal sentence.
For convicted felons, the desire to break away from past associations can be especially compelling.
Texas Laws on Name Changes
Texas law regulates name changes through the Texas Family Code, specifically Chapter 45. This chapter outlines the procedures, documentation, and requirements for adults and minors seeking a legal name change.
The law distinguishes between individuals based on their criminal history. While adults without a felony conviction can often change their name with relative ease, those with felony convictions face several additional hurdles.
“A person convicted of a felony may change their name only under limited circumstances as outlined by state law.”
Key Legal Provisions
| Law | Description |
|---|---|
| Texas Family Code § 45.103 | Specifies requirements for adults seeking a name change |
| Texas Family Code § 45.103(b) | Details restrictions for individuals convicted of a felony |
Felony Convictions and Name Changes
A felony conviction in Texas is a serious matter. State law places strict limitations on convicted felons who wish to change their names.
According to the Texas Family Code, a person convicted of a felony may file for a name change only if certain conditions are met.
The intention behind these restrictions is to prevent fraud, concealment of criminal history, and to protect public safety. Courts scrutinize such requests more closely than those from non-felons.
Eligibility Requirements for Felons
Texas law requires convicted felons to meet at least one of the following criteria to petition for a name change:
| Requirement | Explanation |
|---|---|
| At least two years after discharge | The applicant must wait at least two years after they are discharged from prison, parole, or probation before filing for a name change. |
| Pardon | The applicant has received a full pardon from the Governor or the President. |
| Certificate of Discharge | The applicant can present a certificate of discharge from the Texas Department of Criminal Justice or equivalent agency. |
Step-by-Step Process for Felons
If you are a convicted felon who meets at least one of the above requirements, you may proceed with the name change process. However, the process is detailed and requires careful preparation.
- Gather Documentation: Collect all necessary documents, including proof of identity, the court order of your conviction, your discharge certificate (if applicable), and any pardon documentation.
- Prepare a Petition: Draft a Petition to Change Name of Adult. This form must be filed in the county where you reside.
- Disclosure of Felony: Clearly state your felony conviction, the nature of the offense, the date of conviction, and details about your discharge or pardon.
- File in Court: Submit your petition and documentation to the district court. Pay the filing fee, unless you qualify for a fee waiver due to indigence.
- Set a Hearing: The court will schedule a hearing. You must attend and present your case in front of a judge.
- Judicial Review: The judge will review your petition, criminal history, and reasons for the name change.
- Receive Court Order (if approved): If the judge grants your request, you will receive a signed court order legally changing your name.
Important Points to Remember
- The court has discretion to deny any petition it finds to be fraudulent or intended to avoid criminal prosecution.
- You must provide honest and complete disclosure of your criminal record in your petition.
- If your request is denied, you may not refile immediately unless circumstances change.
Reasons for Denial
Not all petitions for a name change by convicted felons are approved. Judges are guided by law and the circumstances of each case.
The following table outlines common reasons for denial:
| Reason for Denial | Description |
|---|---|
| Failure to meet waiting period | The applicant has not waited two years since discharge or does not have a pardon. |
| Intent to defraud | The court suspects the name change is to avoid debts or criminal prosecution. |
| Incomplete disclosure | The petition lacks full and honest disclosure of the applicant’s criminal history. |
| Ongoing criminal charges | The applicant is currently facing new criminal charges. |
| Public safety concerns | The court believes the name change poses a risk to the public. |
Impact of a Name Change for Felons
A name change does not erase your criminal record. Even after a successful name change, background checks conducted by employers, landlords, or government agencies will still reveal your conviction history.
The new name will be linked to your previous identity through official records.
For many felons, a name change can offer a symbolic fresh start. However, it is important to have realistic expectations about the practical effects.
In some cases, a name change could complicate matters if not properly reported to all relevant agencies.
“A legal name change is not a substitute for expungement or record sealing.”
Reporting Your Name Change
If your name change is approved, you must update your name with various entities to ensure consistency across all records. Some key organizations and documents to update include:
- Texas Department of Public Safety (driver’s license)
- Social Security Administration
- Bank accounts and financial institutions
- Texas Department of Criminal Justice (if on parole or probation)
- Employers and educational institutions
- Passport office
- Voter registration
- Medical providers and insurance companies
Failure to update your records can cause legal and administrative problems, including mismatched records and potential accusations of fraud.
Special Considerations for Sex Offenders
Texas law imposes additional restrictions on registered sex offenders. If you are required to register as a sex offender, you must:
- Notify local law enforcement of your intent to change your name
- Report your new name within seven days of the change
- Comply with all sex offender registration requirements under Chapter 62 of the Texas Code of Criminal Procedure
Failure to follow these steps is a criminal offense and may result in prosecution.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I change my name while on parole or probation? | No. You must wait until you have been fully discharged from parole or probation for at least two years, unless you have received a pardon. |
| Will a name change clear my criminal record? | No. Your criminal record remains intact and will reference your new name as an alias. |
| Do I need a lawyer to change my name? | It is not required, but legal advice can help ensure your petition is complete and increases your chances of success. |
| How long does the process take? | It varies by county, but most cases take several weeks to a few months from filing to hearing. |
| What happens if my petition is denied? | You may have to wait to reapply, and you should address the reasons for denial before trying again. |
Court Costs and Fees
There are filing fees associated with submitting a petition for a name change. These fees differ by county but typically range from $200 to $350.
If you cannot afford the fee, you may request a waiver by filing an Affidavit of Inability to Pay Costs.
Additional costs may include the expense of obtaining certified copies of court orders and updating identity documents.
Legal Assistance and Resources
Navigating the name change process as a convicted felon can be daunting. Seeking guidance from an attorney, especially one with experience in criminal law and family law, is highly recommended.
Some organizations provide free or low-cost legal assistance for eligible individuals.
Helpful resources include:
- TexasLawHelp.org
- State Bar of Texas Lawyer Referral Service
- Local legal aid societies
- Texas Department of Criminal Justice
Common Mistakes to Avoid
- Failing to meet the two-year waiting period
- Omitting or misreporting felony details in your petition
- Not updating all required agencies after a name change
- Assuming a name change will erase your criminal history
- Ignoring special rules if registered as a sex offender
Summary Table: Name Change for Convicted Felons in Texas
| Step | Description | Key Considerations |
|---|---|---|
| 1. Eligibility Check | Ensure you meet time, discharge, or pardon requirements | Wait two years after discharge or obtain a pardon |
| 2. Court Petition | File petition in county court with full disclosure | Be honest and thorough about your record |
| 3. Court Hearing | Appear before judge and present your case | Prepare to answer questions about your conviction |
| 4. Notification | Update government agencies and other records | Include DPS, SSA, and any required registries |
Conclusion
In Texas, a convicted felon can change their name, but only under certain conditions and with the approval of a court. The process is more complicated than for non-felons, requiring a waiting period after discharge or evidence of a pardon.
Full disclosure and transparency are essential.
A name change does not erase your criminal record, nor does it shield you from background checks. Before starting the process, carefully review your eligibility and consider speaking with a qualified attorney to improve your chances of success.
By understanding the law, preparing your petition properly, and following all required steps, you can navigate the legal process of changing your name in Texas—even with a felony conviction in your past.
