Can I change my name after a felony conviction?

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 for a felon to wait ten years before applying for a name change. This may vary by local practice. A judge has discretion in these cases, and you might be able to persuade them that your reasons for the name change are valid. Providing character evidence or testimony about your rehabilitation may support your case.

Generally, a name change can be pursued for various reasons, such as marriage, divorce, or adoption. However, it cannot be done for fraudulent purposes, like avoiding debts. The process typically involves filing a petition in civil court where you live, attaching a copy of your birth certificate, and publishing a notice in a local newspaper. A hearing will be held unless there are no objections.

For your specific situation, you would need to file a petition that includes your current name, the name you wish to adopt, and your reasons for the change. You must also certify that you are not seeking the name change for illegal purposes. If anyone objects, they can file a response, and you can request a hearing.

In summary, while you may face some challenges due to your felony record, you could still apply for a name change now. However, if you prefer to wait two more years for a potentially smoother process, that is also an option.