When Can a Felon Change His Name in Maryland?

Full question:

I was adopted, but my adoptive parents separated when I was 4 and my mother later divorced my father and went back to her maiden name. She never offered to have my name changed. I had no contact with my father from the age of 4 all the way up until his death.Later I learned from both my mother and my dad's brother that the reason my parents separated was that he had molested a child (not me) and been put in a mental institution for a while. Now I carry around his name, but have no desire to. I'd like to go back to my birth name, prior to adoption. I have my adoption papers and can prove the name I want to change to was once my real name. Unfortunately, I made some mistakes 8 years ago and committed felony theft during a period of homelessness. I was arrested and received probation, restitution and court-mandated psychological counseling. I paid my restitution off a year ahead of schedule, and completed counseling, which I found very helpful. Since then I've lived a good life, being productive and taking good care of myself and my mother. I'd like to move forward with changing my name, not to escape my own record, which I never will -- I tell anyone who needs to know -- but simply to close the chapter on the legacy of my father's name. I've read that some states won't consider name changes for felons until 10 years have passed. I can wait another 2 if I need to, but I'd rather do it now if possible. If I apply for a name change now, will I receive an automatic refusal? Or would I be given a hearing and have a chance to justify the change? Is it best to wait another 2 years?

• Category: Name Change
• Date: 04/07/2025
• State: Maryland

Answer:

There is no legal requirement that a felon needs to wait 10 years before applying for a name change. It may be more a matter of local practice. There is no certainty in how a judge will decide any case, it is possible that you may convince the judge that you have proper motives and have testimony or other character evidence to show that you’ve become a law-abiding citizen. We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who is familiar with the local judges and their customs.

The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a marriage certificate as proof of name change.

The petition is filed in the civil court in the county where the Petitioner resides. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person. For an order of name change to be granted, the court must find sufficient reasons for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.

The name change process begins with the filing of a petition for name change in the court where the petitioner resides. A copy of the birth certificate is attached to the petition. Unless the court on motion of the petitioner orders otherwise, a notice must be published one time in a newspaper of general circulation in the county at least fifteen days before the date specified in the notice for filing an objection to the petition. The petitioner must then file a certificate of publication. A hearing will then be held. If there are no objections filed with the court, the court may enter the order granting change of name. Most entities will accept a legal name change order as proof of a name change in order to change records with that entity.

Please see the following MD Rule:

Rule 15-901. Action for change of name.
(a) Applicability. This Rule applies to actions for change of name other than in connection with an adoption or divorce.
(b) Venue. An action for change of name shall be brought in the county where the person whose name is sought to be changed resides.
(c) Petition. (1) Contents. The action for change of name shall be commenced by filing a petition captioned "In the Matter of . . ." [stating the name of the person whose name is sought to be changed] "for change of name to . . ." [stating the change of name desired]. The petition shall be under oath and shall contain at least the following information:
(A) the name, address, and date and place of birth of the person whose name is sought to be changed;
(B) whether the person whose name is sought to be changed has ever been known by any other name and, if so, the name or names and the circumstances under which they were used;
(C) the change of name desired;
(D) all reasons for the requested change;
(E) a certification that the petitioner is not requesting the name change for any illegal or fraudulent purpose;
(F) if the person whose name is sought to be changed is a minor, the names and addresses of that person's parents and any guardian or custodian; and
(G) whether the person whose name is sought to be changed has ever registered as a sexual offender and, if so, the full name(s) (including suffixes) under which the person was registered.
(2) Documents to be attached to petition. The petitioner shall attach to the petition a copy of a birth certificate or other documentary evidence from which the court can find that the current name of the person whose name is sought to be changed is as alleged.
(d) Service of petition — When required. If the person whose name is sought to be changed is a minor, a copy of the petition, any attachments, and the notice issued pursuant to section (e) of this Rule shall be served upon that person's parents and any guardian or custodian in the manner provided by Rule 2-121. When proof is made by affidavit that good faith efforts to serve a parent, guardian, or custodian pursuant to Rule 2-121(a) have not succeeded and that Rule 2-121(b) is inapplicable or that service pursuant to that Rule is impracticable, the court may order that service may be made by (1) the publication required by subsection (e)(2) of this Rule and (2) mailing a copy of the petition, any attachments, and notice by first class mail to the last known address of the parent, guardian, or custodian to be served.
(e) Notice. (1) Issued by clerk. Upon the filing of the petition, the clerk shall sign and issue a notice that (A) includes the caption of the action, (B) describes the substance of the petition and the relief sought, and (C) states the latest date by which an objection to the petition may be filed.
(2) Publication. Unless the court on motion of the petitioner orders otherwise, the notice shall be published one time in a newspaper of general circulation in the county at least fifteen days before the date specified in the notice for filing an objection to the petition. The petitioner shall thereafter file a certificate of publication.
(f) Objection to petition. Any person may file an objection to the petition. The objection shall be filed within the time specified in the notice and shall be supported by an affidavit which sets forth the reasons for the objection. The affidavit shall be made on personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The objection and affidavit shall be served upon the petitioner in accordance with Rule 1-321. The petitioner may file a response within 15 days after being served with the objection and affidavit. A person desiring a hearing shall so request in the objection or response under the heading "Request for Hearing."
(g) Action by court. After the time for filing objections and responses has expired, the court may hold a hearing or may rule on the petition without a hearing and shall enter an appropriate order, except that the court shall not deny the petition without a hearing if one was requested by the petitioner.