Can a judge refuse to grant name change due to prior criminal charge?
Full Question:
Answer:
13:4751. Petition for name change; adults; minors
A. The name of a person may be changed as provided in this Section.
B. Whenever any person who has attained the age of majority desires to change his name, he shall present a petition to the district court of the parish of his residence, the parish of his birth, or the parish of venue for the Vital Records Registry, or, in the case of a person incarcerated in a penal institution, to the district court of the parish in which he was sentenced, setting forth the reasons for the desired change.
Louisiana, like most states, will not permit a name change if the court believes the petitioner is meaning to do something illegal. For example, you cannot legally change your name to avoid paying debts, keep from getting sued or get away with a crime. Even a past criminal record may interfere with a name change as it could be construed as masking a criminal past.
If the court does not grant a name change based upon a criminal history, it may be beneficial to consider seeking an expungement of the criminal history.
Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
Adult misdemeanor arrest records ordered expunged may be destroyed if the person was not found guilty. In other adult felony expungement orders, Expungement" means removal of a record from public access but does not mean destruction of the record. An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, or the Louisiana State Board of Examiners of Psychologists. For investigative purposes only, the Department of Public Safety and Corrections may maintain a confidential, nonpublic record of the arrest and disposition. Louisiana Criminal Code 44:9.
In adult misdemeanor cases, all agencies and law enforcement records, including record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, photograph, fingerprint, or any other information of any and all kinds or descriptions. In felony cases records of any proceedings, order, judgment, or other action under Code of Criminal Procedure Article 893 may be ordered expunged. Louisiana Criminal Code 44:9.
If the expungement is successful, it may be possible then to re-petition the court for the name change.
