Changing one’s legal name is a significant step that requires understanding state-specific laws and regulations. In Florida, the process for a convicted felon to change their name involves additional requirements and scrutiny compared to the process for individuals without a criminal record.
This article explores the legal framework, the detailed steps, and other important considerations for felons seeking a name change in Florida.
Overview of Name Change Laws in Florida
Florida law allows most adults to petition for a legal name change by filing with the circuit court in their county of residence. However, the state imposes stricter rules for those with felony convictions.
The process is guided by Florida Statutes Section 68.07, which outlines who can apply, the necessary documentation, and disqualifying factors.
“No person shall be permitted to change his or her name when the court finds that the petitioner has been convicted of a felony, unless such person has received a full pardon or has had his or her civil rights restored.”
— Florida Statutes, Section 68.07(3)
For convicted felons, the key issue is whether they have received a full pardon or have had their civil rights restored. Without meeting one of these conditions, the court will deny the name change request.
The Importance of Civil Rights Restoration
In Florida, a felony conviction results in the loss of certain civil rights, including the right to vote, serve on a jury, and hold public office. Restoration of civil rights is a formal process that a felon must complete before becoming eligible for a legal name change.
The restoration process is separate from the completion of a prison sentence or probation.
A full pardon is rarely granted and typically requires action from the Governor and Cabinet sitting as the Board of Executive Clemency. Restoration of civil rights, on the other hand, is more common and is also handled by the Office of Executive Clemency.
| Requirement | Details |
|---|---|
| Felony Conviction | Must disclose all felony convictions in the petition |
| Civil Rights Restoration | Required unless you have received a full pardon |
| Pending Charges | No pending criminal charges allowed at the time of petition |
| Intent | Name change must not be for illegal or fraudulent purposes |
Step-by-Step Process for Felons Seeking a Name Change
The process for convicted felons in Florida to change their name is more complex than for non-felons. Careful preparation and compliance with the law are absolutely essential.
Here is a step-by-step guide to navigating this process.
Restoration of Civil Rights or Full Pardon
Before filing for a name change, felons must have their civil rights restored or have received a full pardon. The Florida Commission on Offender Review oversees applications for clemency and rights restoration.
The process may take several months or even years, depending on the circumstances and type of offense.
- Review eligibility requirements at the Florida Commission on Offender Review website.
- Gather all necessary court documents, proof of sentence completion, and identification.
- Submit a formal application for rights restoration or pardon.
After approval, obtain official documentation as proof that your civil rights have been restored or that you have received a pardon. This documentation is necessary for the name change petition.
Complete the Name Change Petition
Once rights have been restored, download the Petition for Change of Name (Adult) form from the Florida Courts website. Complete the form carefully, providing all required information, including:
- Current legal name
- New name requested
- Date and place of birth
- Social Security number
- All prior felony convictions, including dates and jurisdictions
- Certification that rights have been restored or a pardon granted
Omitting or falsifying information can result in criminal charges and immediate denial of the petition.
Fingerprinting and Background Check
Florida requires all adult name change petitioners to undergo a fingerprint-based criminal history check. This applies to felons and non-felons alike, but is especially significant for those with a criminal record.
“The fingerprints must be taken by a law enforcement agency and submitted to the Florida Department of Law Enforcement and the Federal Bureau of Investigation for a criminal history records check.”
The results of this background check will be sent directly to the court and will reveal any felony convictions, as well as the completion of sentences and pardon or rights restoration status.
Filing the Petition
File the completed petition, along with the fingerprint receipt and documentation of rights restoration or pardon, with the Clerk of Court in your county of residence. There is a required filing fee, which varies by county but typically ranges from $400 to $450.
Fee waivers may be available for those with financial hardship.
| County | Filing Fee |
|---|---|
| Miami-Dade | $401 |
| Hillsborough | $408 |
| Orange | $410 |
| Broward | $400 |
After filing, the court will review your petition and schedule a hearing. You will be notified of the date and time.
Court Hearing
Attendance at the scheduled hearing is mandatory. The judge will review your petition, criminal history, and supporting documentation.
Be prepared to explain why you wish to change your name and verify that your request is not for purposes of fraud, evasion of law enforcement, or avoiding creditors.
If all requirements are met and the judge finds your reasons legitimate, the court will issue a Final Judgment of Change of Name.
Publishing the Name Change (If Required)
In most cases, Florida does not require publication of the name change in a newspaper. However, the court may order publication under certain circumstances, especially if there are concerns about fraud or public interest.
If required, you must publish notice in a local newspaper and provide proof of publication to the court before the name change becomes final.
Updating Identification and Records
After the court grants your name change, obtain certified copies of the Final Judgment. Use these to update your:
- Social Security card
- Driver’s license or state ID
- Bank accounts and credit cards
- Employment records
- Other legal documents
Notify all relevant agencies and institutions to avoid confusion or legal complications in the future.
Restrictions and Disqualifications
Not every convicted felon is eligible to change their name in Florida, even with rights restoration. The court will deny a petition if:
- The petitioner is seeking a name change to commit fraud or evade law enforcement.
- The petitioner’s rights have not been restored or no pardon has been received.
- There are pending criminal charges or ongoing criminal investigations.
- The petitioner is attempting to avoid creditors or other civil obligations.
Fraudulent intent is a serious offense. Attempting to change your name to hide criminal activity can result in severe penalties, including new criminal charges.
Special Considerations for Sex Offenders
Florida law imposes additional restrictions on registered sex offenders or sexual predators. Even if civil rights have been restored, sex offenders must comply with all registration requirements.
Name changes by sex offenders are reported to law enforcement and the Florida Department of Law Enforcement (FDLE).
Failure to report a name change as a registered sex offender can result in felony charges and re-incarceration.
Alternatives to Legal Name Change
In some situations, especially if rights restoration or a pardon is not possible, felons may use an assumed name or nickname in informal situations. However, this does not provide the legal benefits of an official name change and may not be accepted by government agencies or financial institutions.
For those who cannot change their name legally, focusing on other methods of starting anew—such as expungement or sealing of eligible records—may offer some relief from the stigma of a criminal conviction.
Benefits and Drawbacks of Name Change for Felons
Changing one’s name after a felony conviction can offer a sense of closure or a fresh start. However, it does not erase the underlying criminal record, nor does it guarantee that past convictions will not be discovered by employers, landlords, or law enforcement.
| Pros | Cons |
|---|---|
| New identity for personal or religious reasons | Does not erase criminal history |
| Eases social stigma in certain situations | Background checks will reveal name change and prior record |
| May assist in moving past criminal past | Complex and costly process |
| Legal recognition of new name on documents | Possible legal consequences if used for fraud |
Frequently Asked Questions
Can I change my name if I am still on probation or parole? No.
Florida courts will not grant a name change to anyone who has not completed all aspects of their sentence, including probation or parole. You must wait until your sentence is fully served and your civil rights are restored.
Will my criminal record be hidden after a name change? No.
A name change does not seal or expunge your criminal record. Background checks will reveal previous names and all associated records.
How long does the name change process take for a felon? The process can take several months, especially if you must first apply for rights restoration or a pardon.
The court proceedings themselves typically require 30–90 days from filing to judgment, assuming all documentation is in order.
Do I need a lawyer to change my name as a convicted felon? Legal representation is not required but is recommended, especially for those with complex criminal records or prior legal issues.
A lawyer can help ensure proper documentation and increase the likelihood of approval.
Summary: Key Points for Felons Seeking a Name Change in Florida
- Felons must have civil rights fully restored or have received a full pardon to qualify for a legal name change.
- The process involves filing a formal petition, submitting to a background check, and attending a court hearing.
- Name changes are not allowed for fraudulent purposes or to avoid legal obligations.
- Registered sex offenders have additional reporting requirements.
- A name change does not erase or hide a criminal record.
Consult with an attorney or the Florida Commission on Offender Review for the most current information and legal advice tailored to your specific situation.
Resources and Further Reading
- Florida Petition for Change of Name (Adult) Form
- Florida Commission on Offender Review
- Florida Statutes Section 68.07
- Florida Department of Law Enforcement (FDLE)
Understanding and following the legal process is essential for any convicted felon seeking a name change in Florida. With patience, attention to detail, and proper documentation, eligible individuals can achieve a legal name change and move forward with their lives.
