Changing your name is a significant decision that can affect many aspects of your life. For individuals with a felony conviction, the process can be more complex, especially in California.
Understanding the requirements, legal process, and potential roadblocks is essential if you have a felony record and wish to change your name in the state.
Overview of Name Changes in California
In California, any adult can petition the court for a legal name change. The process is designed to ensure that the name change is not being used to commit fraud, evade law enforcement, or avoid financial obligations.
For most people, the process is straightforward. However, for felons, there are additional requirements and restrictions that must be considered.
Legal Rights of Felons in California
A felony conviction does not automatically strip you of your right to change your name. However, the law imposes some specific limitations and extra steps that apply only to individuals with certain types of criminal records.
California Code of Civil Procedure Section 1279.5(a): “Except as provided in subdivision (b), a person who is under the jurisdiction of the Department of Corrections and Rehabilitation or on parole may file a petition for a change of name.”
In other words, while felons are not strictly barred from requesting a name change, special procedures and restrictions apply, especially for those currently in prison or on parole.
Reasons for a Name Change
People may wish to change their name for a variety of personal, religious, or safety reasons. Common motivations include marriage, divorce, gender transition, or simply a desire for a fresh start after a difficult past.
Felons sometimes seek a name change to reduce discrimination, find employment, or rebuild relationships. Regardless of the reason, the court will scrutinize your intent more closely if you have a felony conviction.
The Name Change Process for Felons
The process for changing your name as a felon in California involves several legal steps. These steps are similar to the standard procedure, but with additional requirements for those with a felony history.
| Step | Description | Special Notes for Felons |
|---|---|---|
| 1. File Petition | Submit a Petition for Change of Name (Form NC-100) to the superior court in your county of residence. | Felons must disclose their criminal history on the petition. |
| 2. Publication | Publish the Order to Show Cause for Change of Name in a local newspaper for four weeks. | Publication may be waived for safety reasons, such as domestic violence. |
| 3. Court Hearing | Attend a hearing, where the judge will consider your petition. | The court will examine your criminal record and the reasons for the name change. |
| 4. Notification | Notify law enforcement or other relevant agencies of the name change request. | Required for those with certain convictions or on parole/probation. |
| 5. Judge’s Decision | The judge will grant or deny the petition based on evidence and intent. | Felons may be denied if the court believes the request is for fraudulent purposes. |
Mandatory Disclosure of Felony Conviction
When filing for a name change, you must answer honestly about your criminal history. California law requires you to disclose any felony convictions on the petition.
Failing to do so can result in immediate denial of your request and possible legal consequences.
The court will review your criminal record and may request additional information or documents. Transparency is critical during this process.
Name Change for Incarcerated Individuals
If you are currently incarcerated in a California state prison, your ability to change your name is limited. Under Section 1279.5(b) of the California Code of Civil Procedure, prisoners can only file a name change petition with the written consent of the Director of the Department of Corrections and Rehabilitation.
This means you must get approval from the prison system before you can even petition the court. The Department typically approves name changes for religious reasons, gender transition, or other compelling circumstances.
Name Change While on Parole or Probation
If you are on parole or probation in California, you must also obtain written consent from your supervising officer or agency. This consent must be filed with your petition.
| Status | Can File Name Change? | Special Requirement |
|---|---|---|
| Incarcerated | Yes, with consent | Written approval from Director of Corrections |
| On Parole | Yes, with consent | Written approval from Parole Officer |
| On Probation | Yes, with consent | Written approval from Probation Officer |
| Completed Sentence | Yes | No special consent required |
If you are no longer under the supervision of the Department of Corrections, you do not need special permission, but you still must disclose your felony conviction on your petition.
Prohibited Name Changes
Not all name change requests are granted, even for those without a criminal record. For felons, the court will deny a name change if it believes the request is for the following reasons:
- To commit fraud or conceal your identity
- To avoid law enforcement or creditors
- To escape from criminal liability
- To interfere with the rights of others
The judge has broad discretion to deny any petition that appears suspicious or contrary to public safety.
Required Forms and Documentation
To request a name change in California, you must complete specific court forms. The main forms include:
- NC-100: Petition for Change of Name
- NC-110: Attachment to Petition
- NC-120: Order to Show Cause for Change of Name
- NC-130: Decree Changing Name
- Proof of publication (unless waived)
Felons must also attach documentation regarding their conviction and, if applicable, written consent from the relevant corrections authority.
Notice Requirements
California law generally requires you to publish notice of your name change petition in a newspaper of general circulation once a week for four consecutive weeks. This is to give the public notice and allow anyone with objections to come forward.
If you can show that publication would put you in danger (for example, in cases of domestic violence), the court may waive this requirement. For felons, especially those with a history of identity-related crimes, the court will be cautious about waiving publication.
Court Hearing: What to Expect
The court will schedule a hearing for your name change petition. At the hearing, the judge may ask about your reasons for changing your name, your criminal history, and your intentions.
If you are a felon, you should be prepared to answer questions about your conviction and how your new name will be used. The judge wants to ensure that the name change will not endanger public safety or enable further criminal activity.
Tip: Bring all supporting documents, including your conviction records and any letters of consent, to the hearing.
Notification of Law Enforcement and Other Agencies
If you have been convicted of certain crimes, especially those requiring sex offender registration, you must notify law enforcement agencies of your intent to change your name. You must also inform the Department of Justice and the court.
Failure to notify the appropriate agencies can lead to criminal charges or reversal of the name change. This is particularly important for felons with offenses related to fraud, identity theft, or sex crimes.
Special Considerations for Registered Sex Offenders
California imposes even stricter requirements on registered sex offenders. If you are required to register under Penal Code Section 290, you must provide written proof that you have informed the law enforcement agency where you register of your proposed name change.
The court will not approve your name change unless you comply with these notification requirements. Even then, the judge may deny your request if it is deemed contrary to public safety.
| Type of Felony | Additional Requirements | Likelihood of Approval |
|---|---|---|
| Non-violent Felony | Disclosure and standard process | Moderate to High |
| Violent Felony | Disclosure, possible additional scrutiny | Moderate |
| Sex Offense (PC 290 Registrant) | Mandatory law enforcement notification | Low |
| Identity Theft/Fraud | Thorough review of intent | Low to Moderate |
What Happens After a Name Change is Approved?
If the judge grants your name change, you will receive a signed Decree Changing Name (Form NC-130). This document is your legal proof of your new name and can be used to update your identification records.
You must notify the following agencies of your name change:
- California Department of Motor Vehicles (DMV)
- Social Security Administration
- County Recorder’s Office (if you own real estate)
- Employers and educational institutions
- Any other entity where you have official records
For felons, you may also need to notify parole or probation officers, or continue to comply with any registration requirements under your new name.
Possible Reasons for Denial
A California judge can deny a felon’s name change petition for several reasons:
- You failed to disclose your felony conviction
- Your request appears to be for fraudulent or deceptive reasons
- You did not obtain the required written consent
- You are required to register as a sex offender and did not notify law enforcement
- The judge determines the change is not in the public interest
“The court may deny a petition for a change of name if the court finds that the petition is made to defraud, mislead, or otherwise compromise public safety.”
Appealing a Denied Name Change
If your petition is denied, you have the right to appeal the decision. The appeal process involves filing a notice of appeal with the same court that denied your petition.
You must act quickly, as there are strict deadlines for filing an appeal.
During the appeal, you may need to provide additional documentation or clarify your reasons for requesting a name change. Legal representation is highly recommended if you choose to appeal.
Effects on Criminal Record and Background Checks
Changing your name does not erase your criminal record. Law enforcement databases and court records will link your new name to your previous name(s) and criminal history.
This means that employers, landlords, and others conducting background checks will still see your felony conviction, regardless of your new name. Attempting to use a name change to hide your criminal record is illegal and can result in further charges.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can a felon change their name for any reason? | Yes, but the court must approve the reason and ensure it is not for fraudulent or deceptive purposes. |
| How long does the process take? | Typically 2-3 months, but may take longer if additional documentation or hearings are required. |
| Does a name change affect parole or probation? | You must notify your supervising officer and may need official approval before proceeding. |
| Will a name change remove my felony from public record? | No. Your criminal record remains accessible under both your old and new names. |
Tips for Felons Seeking a Name Change
- Be honest and transparent about your criminal history on all court forms
- Obtain all necessary written consents before filing your petition
- Prepare a clear explanation for your name change, demonstrating positive intent
- Bring all documentation, including conviction records and letters of consent, to your court hearing
- Consult a qualified attorney if you have questions or encounter legal obstacles
Summary
Felons in California are not automatically barred from changing their names, but the process involves extra scrutiny and legal requirements. You must disclose your criminal history, obtain necessary permissions if you are on parole, probation, or incarcerated, and comply with all notification rules.
A judge will review your petition carefully to ensure that your request is legitimate and not intended to deceive or harm others. Changing your name will not erase your felony from public records, and any attempt to use a name change for unlawful purposes can result in serious consequences.
If you are a felon considering a name change in California, it is highly advisable to seek legal guidance to ensure you meet all requirements and to improve your chances of success.
