Posted by Nydia Streets of Streets Law in Florida Name Change
Can I change my name in Florida if I have a criminal record? This is a question often asked by parties wishing to change their name. A name change can be granted as part of many family law actions, including divorce, adoption and paternity. It can also be granted as an independent action under a name change petition. An appeal was taken in the case Medina v. State, 4D19-3891 (Fla. 4th DCA January 20, 2021) in which a request for a name change was denied because of the petitioner’s criminal record.
The petitioner completed a Florida name change petition which included language indicating that his civil rights were not suspended or if they had been, they were restored. He disclosed a criminal history which included a ten-year prison sentence in 1997. The trial court denied the petition citing the criminal history and holding it would be against public policy to grant the name change in light of that history. The petitioner appealed.
The trial court’s decision was reversed on appeal with the appellate court holding “[T]he trial court erred in denying the facially sufficient petition without providing a proper factual basis for determining whether the name change was sought for a wrongful or fraudulent purpose or otherwise would have been inconsistent with the law. Merely indicating that Appellant had a criminal history is not a proper basis for denying the petition.”
if you are seeking a name change and are concerned how a criminal record, bankruptcy or other matters may affect your request, schedule a consultation with a Miami name change attorney.