How do I obtain court record to see if someone legally changed their name?
Full Question:
Answer:
You should be able to contact the district court in the county where the family member resides to obtain a copy of the court records of the name change if the person met the requirements in Minnesota for legally changing a name, unless the person's name change was made in connection with his or her participation in a witness and victim protection program. If that is the case, the court will have ordered that the court records of the name change are not accessible to the public.
The following are Minnesota statutes:
259.10 General Requirements.
Subdivision 1. Procedure. A person who shall have
resided in this state for six months may apply to the district
court in the county where the person resides to change the
person's name, the names of minor children, if any, and the
name of a spouse, if the spouse joins in the application, in
the manner herein specified. The person shall state in the
application the name and age of the spouse and each of the
children, if any, and shall describe all lands in the state
in or upon which the person, the children and the spouse if
their names are also to be changed by the application, claim
any interest or lien, and shall appear personally before the
court and prove identity by at least two witnesses. If the
person be a minor, the application shall be made by the
person's guardian or next of kin. The court shall accept the
certificate of dissolution prepared pursuant to
section 518.148 as conclusive evidence of the facts recited
in the certificate and may not require the person to provide
the court a copy of the judgment and decree of dissolution.
Every person who, with intent to defraud, shall make a false
statement in any such application shall be guilty of a
misdemeanor provided, however, that no minor child's name
may be changed without both parents having notice of the
pending of the application for change of name, whenever
practicable, as determined by the court.
Subd. 2. Witness and victim protection name changes;
private data. If the court determines that the name
change for an individual is made in connection with the
individual's participation in a witness and victim protection
program, the court shall order that the court records of the
name change are not accessible to the public; except that
they may be released, upon request, to a law enforcement
agency, probation officer, or corrections agent conducting a
lawful investigation. The existence of an application for a
name change described in this subdivision may not be disclosed
except to a law enforcement agency conducting a lawful
investigation.
259.11 Order; Filing Copies.
(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless: (1) it finds that
there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of
the change of a minor child's name, the court finds that
such name change is not in the best interests of the child.
The court shall set forth in the order the name and age of
the applicant's spouse and each child of the applicant, if
any, and shall state a description of the lands, if any, in
which the applicant and the spouse and children, if any,
claim to have an interest. The court administrator shall
file such order, and record the same in the judgment book.
If lands be described therein, a certified copy of the order
shall be filed for record, by the applicant, with the county
recorder of each county wherein any of the same are situated.
Before doing so the court administrator shall present the
same to the county auditor who shall enter the change of
name in the auditor's official records and note upon the
instrument, over an official signature, the words "change of
name recorded." Any such order shall not be filed, nor any
certified copy thereof be issued, until the applicant shall
have paid to the county recorder and court administrator the
fee required by law. No application shall be denied on the
basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall
determine whether the person has a criminal history in this
or any other state. The court may conduct a search of national
records through the Federal Bureau of Investigation by
submitting a set of fingerprints and the appropriate fee to
the Bureau of Criminal Apprehension. If it is determined
that the person has a criminal history in this or any other
state, the court shall, within ten days after the name change
application is granted, report the name change to the Bureau
of Criminal Apprehension. The person whose name is changed
shall also report the change to the Bureau of Criminal
Apprehension within ten days. The court granting the name
change application must explain this reporting duty in its
order. Any person required to report the person's name change
to the Bureau of Criminal Apprehension who fails to report
the name change as required under this paragraph is guilty
of a gross misdemeanor.
(c) Paragraph (b) does not apply to either:
(1) a request for a name change as part of an application
for a marriage license under section 517.08; or
(2) a request for a name change in conjunction with a
marriage dissolution under section 518.27.
259.115 Criminal Penalties.
A person who has a felony conviction under Minnesota law or
the law of another state or federal jurisdiction and who
does any of the following is guilty of a gross misdemeanor:
(1) upon marriage, uses a different surname from that used
before marriage without complying with section 259.13;
(2) upon marriage dissolution or legal separation, uses a
different surname from that used during marriage without
complying with section 259.13; or
(3) with the intent to defraud or mislead, or to cause
injury to or harass another, uses a different name without
complying with section 259.13.
259.12 Correctional Inmates; Name Changes; Limited.
During an inmate's confinement in a correctional facility,
as defined in section 241.021, subdivision 1, paragraph (f),
an inmate may request a name change under section 259.10 only
once and may proceed in forma pauperis only when the failure
to allow the name change would infringe on a constitutional
right of an inmate.
259.13 Persons with Felony Conviction; Name Changes.
Subdivision 1. Procedure for seeking name change. (a)
A person with a felony conviction under Minnesota law or the
law of another state or federal jurisdiction shall serve a
notice of application for a name change on the prosecuting
authority that obtained the conviction against the person
when seeking a name change through one of the following
procedures:
(1) an application for a name change under section 259.10;
(2) a request for a name change as part of an application
for a marriage license under section 517.08; or
(3) a request for a name change in conjunction with a
marriage dissolution under section 518.27.
If the conviction is from another state or federal
jurisdiction, notice of application must also be served on
the attorney general.
(b) A person who seeks a name change under section 259.10
or 518.27 shall file proof of service with the court as
part of the name change request. A person who seeks a name change
under section 517.08 shall file proof of service with the
county as part of the application for a marriage license.
(c) The name change request may not be granted during
the 30-day period provided for in subdivision 2 or, if an
objection is filed under subdivision 2, until satisfaction
of the requirements in subdivision 3 or 4. Nothing in this
section shall delay the granting of a marriage license under
section 517.08, which may be granted without the name
change.
Subd. 2. Objection by prosecuting authority. At any
time within 30 days from the date of service of the notice
of application for a name change under this section, the
prosecuting authority or the attorney general may file an
objection to the application for a name change. The objection
may be made on the basis that the request aims to defraud or
mislead, is not made in good faith, will cause injury to a
person, or will compromise public safety. If an objection to
the application for a name change is filed within this time
period, the court may not grant the name change request, and
the county may not allow the name change as part of a
marriage license.
Subd. 3. Motion to grant name change request. A person
who seeks a name change may contest the prosecuting
authority's or attorney general's objection by filing a
motion with the court for an order permitting the requested
name change. Except as provided in subdivision 4, no name
change shall be granted unless the person requesting it
proves by clear and convincing evidence that the request is
not based upon an intent to defraud or mislead, is made in
good faith, will not cause injury to a person, and will not
compromise public safety.
Subd. 4. Constitutional right to name change. The
court shall grant a name change if failure to allow it would
infringe on a constitutional right of the person.
Subd. 5. Costs. A person seeking a name change under
this section may proceed in forma pauperis only when the
failure to allow the name change would infringe upon a
constitutional right.
Subd. 6. Criminal penalty. A person who knowingly
violates this section is guilty of a gross misdemeanor.
