Can a sex offender change his name?

Full question:

One of my old drivers is a registered sex offender. He was convicted of a sex crime act and is placed on the Sexual Offender Registry. He has been released on parole now. Can he change his name through court?

Category: Name Change
Date: 04/07/2025
State: West Virginia

Answer:

A person, who wants to change his name in West Virginia, can apply to the court by a verified petition setting forth and affirming that he is not a registered sex offender pursuant to any state or federal law. The court may not grant the name change of a sex offender during the period he is required to register with the State Police pursuant to the provisions of the Sex Offender Registration Act.
W. Va. Code § 48-25-101 reads:
“(a) A person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:
***
(5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law;
***”

W. Va. Code § 48-25-103§ 48-25-103 reads:
“***
(c) The court may not grant any change of name for any person required to register with the State Police pursuant to the provisions of article twelve [§§ 15-12-1 et seq.], chapter fifteen of this code during the period that the person is required to register.
***”

W. Va. Code § 15-12-1 reads:
“This article may be cited as the "Sex Offender Registration Act."”

It looks the court may not grant the name change of your old driver since he is a registered sex offender.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What can a registered sex offender not do?

Registered sex offenders face various restrictions, including limitations on where they can live, work, and travel. They may be prohibited from living near schools or parks and may have to report their address and employment to law enforcement. Additionally, they often cannot change their name while still registered. These restrictions vary by state, so it's essential to check specific local laws for detailed information.

What can sex offenders not do?

Sex offenders typically cannot participate in certain activities, such as working in jobs involving children or residing near schools and playgrounds. They may also be restricted from owning firearms and can face limitations on internet use, including social media. The specific restrictions depend on state laws and the nature of the offense.

How long are most people on sex offender registries for?

The duration a person remains on a sex offender registry varies by state and the severity of the offense. In many states, individuals may be required to register for a minimum of 10 years, while others may face lifetime registration. Some states allow for removal from the registry after a certain period, depending on compliance with legal requirements.

Can a sex offender be a truck driver?

Whether a sex offender can be a truck driver depends on state laws and the nature of the offense. Some trucking companies may have policies against hiring registered sex offenders, especially for positions that involve driving long distances or working with vulnerable populations. It is advisable for individuals to check with potential employers for specific hiring policies.

Can sex offenders have Facebook in NY?

In New York, registered sex offenders are not explicitly prohibited from using social media platforms like Facebook. However, they must comply with their registration requirements and any conditions set by the court. It's essential for sex offenders to be aware of the terms of their parole or probation, as there may be restrictions on internet use.

What are the rules for sex offenders in New York state?

In New York, sex offenders must register with the Division of Criminal Justice Services and provide personal information, including their address and employment. They face restrictions on living near schools and parks and must update their registration if they change addresses or jobs. Additionally, they may be subject to parole or probation conditions that impose further limitations.