Changing your legal name can be a significant and meaningful decision. Whether seeking a fresh start or reflecting a new identity, the process is generally accessible to most adults.
However, for individuals with felony convictions, the path is more complicated—especially in Virginia, where specific laws govern name changes for felons.
Understanding Name Change Laws in Virginia
Virginia law provides a legal process for adults to change their names, outlined in Virginia Code § 8.01-217. The process is straightforward for most residents: file a petition with the circuit court in your county or city, pay a filing fee, and, if approved, receive a court order for your new name.
However, the law imposes additional restrictions and requirements for people with felony convictions, making it important to understand your rights and responsibilities.
General Name Change Requirements in Virginia
To change your name in Virginia, you must meet certain requirements:
- You must be at least 18 years old (minors require a different process).
- You must have lived in Virginia for at least six months.
- You need to file the petition in the circuit court of your city or county of residence.
- You cannot seek a name change for fraudulent purposes or to avoid debts, criminal prosecution, or legal obligations.
These rules apply to everyone, but convicted felons face additional scrutiny and procedural hurdles.
Felony Convictions and Name Changes: What the Law Says
Virginia Code § 8.01-217(D) specifically addresses name changes for felons. The law states that anyone convicted of a felony cannot have their name changed unless they meet certain conditions and receive special approval from the court.
“No change of name shall be ordered for a person convicted of a felony unless the court finds good cause for the change and that the change is not sought for a fraudulent or unlawful purpose.”
– Virginia Code § 8.01-217(D)
This means that, while it is possible for a convicted felon to change their name in Virginia, the process is more stringent and may be denied if the court is not convinced of your reasons or intentions.
Steps for a Convicted Felon to Change Their Name in Virginia
If you have a felony conviction and want to legally change your name in Virginia, you must follow these steps:
-
Obtain and Complete the Correct Petition Form
Use the Petition for Name Change (Adult) form. Indicate your felony conviction and provide all required information about your criminal history. -
Gather Supporting Documents
You will need certified copies of your conviction records, proof of your current residence, and any documents supporting your reasons for the name change. -
File Your Petition
File your completed petition and supporting documents with the circuit court in the city or county where you live. Pay the required filing fee (fees vary by location). -
Notice and Hearing
The court will schedule a hearing. You must appear before a judge, who will review your petition, your criminal record, and your reasons for seeking a name change. -
Demonstrate Good Cause
You must convince the judge that your name change is for “good cause” and not for fraudulent or unlawful purposes. The burden of proof is on you. -
Background Check
The court will usually order a criminal background check to verify your record and ensure you have disclosed all convictions. -
Judicial Decision
The judge will decide whether to grant or deny your name change. If granted, you will receive a court order with your new legal name.
Good Cause: What Does It Mean for Felons?
The phrase “good cause” is not specifically defined in Virginia statutes but generally refers to a legitimate, compelling reason for requesting the change. For example, you might want to:
- Reclaim a birth name after a divorce or family estrangement
- Reflect a gender transition or other significant personal change
- Protect yourself from threats or harassment (with supporting evidence)
- Practice a new faith or cultural identity
If you simply dislike your current name or want to leave your criminal record behind, the court may view your request with suspicion. The court is particularly cautious if it believes you are trying to evade your criminal history, debts, or other legal obligations.
Table: Name Change Process for Felons vs. Non-Felons in Virginia
| Step | Non-Felon Applicant | Felon Applicant |
|---|---|---|
| File Petition | Yes | Yes (must disclose felony history) |
| Background Check | Not always required | Required |
| Show Cause | Minimal explanation | Must show “good cause” to the judge |
| Notice to Commonwealth’s Attorney | Not required | May be required |
| Hearing | Usually brief | More thorough; judge may question applicant closely |
| Chance of Denial | Low (if requirements met) | Higher; judge has broad discretion |
Reasons a Court May Deny a Felon’s Name Change
Even if you follow all procedures, the court may deny your petition for several reasons:
- Your stated reason is vague, trivial, or unconvincing
- Evidence suggests you are attempting to evade criminal liability, debt, or law enforcement
- You failed to disclose relevant criminal history
- Your background check reveals outstanding warrants or charges
- The name change could harm the public interest or facilitate fraud
If your petition is denied, you may reapply in the future, but you should address the court’s concerns before doing so.
Special Considerations: Sex Offender Registry
If you are a convicted sex offender, there are even stricter requirements. Virginia law requires anyone on the sex offender registry to notify the Virginia State Police within three days of a name change.
Failure to do so is a felony offense.
“Any person required to register… who changes his or her name shall notify the State Police… within three days of such change.”
– Virginia Code § 9.1-903
Additionally, your new name will be added to the public sex offender registry, preserving transparency and public safety.
Impact of Name Change on Criminal Records
A common misconception is that changing your name will erase or hide your criminal record. In reality, your previous names (aliases) are linked to your criminal record, and law enforcement agencies will retain a record of your name change.
When background checks are performed—for employment, housing, licensure, or other reasons—your old and new names are cross-referenced. Courts, police, and many employers can still access your full criminal history.
After a Name Change: Steps to Take
If your petition is granted, you must notify various agencies and update your records:
- Update your Social Security record with the Social Security Administration
- Apply for a new Virginia driver’s license or state ID
- Notify the Department of Motor Vehicles (DMV)
- Update bank accounts, credit cards, and financial institutions
- Contact employers, schools, and professional licensing boards
- Notify the Virginia State Police if you are on the sex offender registry
You should also retain certified copies of your court order, as you will need proof of your legal name change for many years to come.
Can the Process Be Expedited?
Name changes are not emergency matters in most courts. However, if you can demonstrate urgent need—such as personal safety concerns—you may request an expedited hearing.
Provide documentation of any threats, abuse, or other compelling circumstances to support your request.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Is there a waiting period after a felony conviction before I can apply? | No specific waiting period, but you must be able to show good cause and demonstrate you are not seeking to avoid legal obligations. |
| Can I change my name while on probation or parole? | Yes, but the court may consider your current supervision status in its decision. You must notify your supervising officer. |
| Will my new name appear on my criminal record? | Yes, your new name (and all prior names) will be linked to your criminal history in law enforcement databases. |
| Does a name change restore my civil rights? | No, changing your name does not restore voting rights or firearm rights. Restoration requires a separate legal process. |
| Can the court deny my petition without a hearing? | In most cases, the court will schedule a hearing, but if your petition is clearly defective, it may be denied without a hearing. |
Tips for a Successful Name Change as a Felon
- Be honest and thorough in your petition—disclose all criminal history.
- Prepare a clear, compelling explanation for your name change request.
- Gather supporting evidence, such as letters from employers, therapists, or community leaders.
- Consult with an attorney experienced in name change and post-conviction matters.
- Attend your court hearing promptly and respectfully.
Legal Assistance and Resources
Navigating the name change process as a convicted felon can be daunting. The court system requires careful compliance with rules and procedures.
Many applicants benefit from working with a lawyer, especially if their case is complicated by recent convictions, parole status, or public safety concerns.
You can find assistance from:
- Virginia Legal Aid organizations
- Public defenders or criminal defense attorneys
- Local bar association referrals
- Online guides from the Virginia Judicial System
Potential Consequences of Failing to Follow the Law
Attempting to change your name without full disclosure of your felony status can lead to criminal charges, including perjury or fraud. Likewise, failure to notify the proper agencies—especially if you are a registered sex offender—can result in new felony charges and significant penalties.
Always follow the legal process closely and seek guidance if you are unsure about any step.
Conclusion: Can a Convicted Felon Change Their Name in Virginia?
A convicted felon can change their name in Virginia, but the process is much more complex than for non-felons. You must file your petition with full disclosure, demonstrate a good reason for the change, and convince the court that your request is not for fraudulent or unlawful purposes.
Judges have broad discretion to approve or deny your request, and your criminal record will remain connected to your new name. If you are under supervision or on the sex offender registry, additional notification requirements apply.
Changing your name as a felon is a legal right under certain circumstances, but it’s not guaranteed. Preparation, honesty, and legal support can help you make your case and move forward with your new identity while staying within the law.
