Legal name change in Florida with a criminal record

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 many may have who are looking to legally change their name. Generally, as long as a person proves he or she has no ulterior or malicious reason for changing his or her name, a petition for this is usually granted. Therefore, a criminal record on its own is not a reason to deny a name change petition. This was an issue in the case In Re: Williams, 4D21-1749 (Fla. 4th DCA March 23, 2022).

The petitioner sought to change her name, and likely indicated (as required) in her petition that she had a criminal record. The trial court also likely reviewed the results of her fingerprinting, which is required to do a criminal record database check in the case of name changes in Florida. The court entered an order simply stating the petition was denied, without specifying why. The petitioner appealed.

The appellate court found this was error. It held “The requirements for a petition for a name change are found in section 68.07. When a court denies a facially sufficient petition for name change, the court must provide the factual basis for doing so. See In re Zimmer, 207 So. 3d at 1007 (citing Barton v. Cir. Ct. of Nineteenth Jud. Cir., 659 So. 2d 1262, 1263 (Fla. 4th DCA 1995)). Here, the petition facially satisfied the requirements of section 68.07. But the circuit court denied the petition, stating only that the ‘Petition is Denied. Petitioner shall continue to be hereafter be known [as]’ Williams. The circuit court erred when it denied the petition without setting forth a basis for doing so. See, e.g., In re Zimmer, 207 So. 3d at 1008; Name Change of Wages v. State, 160 So. 3d 100, 102 (Fla. 4th DCA 2015) (‘As the petition was facially sufficient, the trial court should not have summarily denied it by concluding that [petitioner’s] purpose was fraudulent.’).”

If you want to legally change your name in Florida, consult with a Miami name change attorney to understand how the law may apply to the facts of your case.