Houston, TX asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas

Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes, there are more conditions and the judge has more latitude to decide not to grant the petition. If a person files the proper documents, and the change benefits the person and the public, then the court "shall" grant a name change. However, if the person is a convicted felon, the court "may" grant the request if the change is beneficial AND it has been more than 2 years since they finished the sentence, were pardoned OR the new name better matches their criminal history.

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.45.htm#45.103

Sharita Blacknall
Sharita Blacknall
Answered
  • Plano, TX
  • Licensed in Texas

A: Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors with which you have been charged.

-You have either:

-Never been convicted of a felony, or

-If you have been convicted of a felony, you provide proof that you were either pardoned or it has been at least two years since you were discharged from prison or completed probation.

Note: Even if you were convicted of a felony, you may be able to change your name without waiting two years if you are asking to change your name to the primary name used in your criminal history record information. See Texas Family Code 103(b)(2).

-You are either:

-Not required to register as a sex offender, or

-If you are required to register as a sex offender, you provide proof that you notified your local law enforcement authority that you are asking the court to change your name.

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