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Can You Change Your Name if You Have a Criminal History?

by | Chapter 45 Texas Family Code, name change

If you have a felony criminal history, you cannot change your name.  However, there is one exception.  If you are just trying to change your name to the name that you have on your criminal records, then you are permitted to change your name.

This circumstance and legal exception to the rule that you cannot change your name in Texas with a criminal history can be important for someone who is not trying to change their name to avoid an employer seeing the criminal history on a background check, but is rather, simply trying to be able to update their ID to reflect the proper name or fix a document inaccuracy.

§ 45.103(b)(c) (d) Order.
  • A court may order a change of name under this subchapter for a person with a final felony conviction if:
    •  in addition to the requirements of Subsection (a), the person has:
      • received a certificate of discharge by the Texas Department of Criminal Justice or completed a period of community supervision or juvenile probation ordered by a court and not less than two years have passed. From the date of the receipt of discharge or completion of community supervision or juvenile probation; or
      • been pardoned; or
    • the person is requesting to change the person’s name to the primary name used in the person’s criminal history record information.
  • A court may order a change of name under this subchapter for a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the person:
    • meets the requirements of Subsection (a) or is requesting to change the person’s name to the primary name used in the person’s criminal history record information; and
    •  provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name
  • In this section:
    • “Criminal history record information” has the meaning assigned by Section 411.082, Government

Code.

  • “Local law enforcement authority” has the meaning assigned by Article 001,

Code of Criminal Procedure.

 

Source: HB 2623

Eff. Date: 9/1/19