Can Name Change Be Removed from Records
My question involves name change laws in the State of: Iowa
Hi, I recently changed my first name through the courts system to something I prefer. I had a typical "nerd" name and never liked it. Same thing with middle name. I'm wondering if this can somehow be removed from online public record.
I don't have any criminal record, outstanding debt, etc. A few speeding tickets and not one in over 3 years.
My concern is, I have a rare last name, and anyone who searches can see this. I live in a smaller community where people do this sort of thing for fun and I don't want to tell anyone about it. I just want to start using the name I have chosen. I firmly believe that it is my right to keep this matter private and I will share it with those close to me accordingly. My family is also well known in the community, and they would prefer this be off record. It's just something very personal.
I went to such extents as finding a new job, to start over under my new name. When I changed my name, I had planned to make this request to the judge, but I never got to speak with him, The clerk handed him my paperwork, I even told her beforehand to mention it to him, and he said no. I know I could have made a more compelling argument myself. I do feel my rights were violated by not having the opportunity to speak with him. After it was done, I was told to go downstairs so a copy of the name change form could be made for the data system.
I was told when I initially filed I could request to have the documents sealed if I spoke with the judge. Now, anyone who looks me up thinks there must be some odd, possibly bizarre reason I changed my name.
I'm willing to pursue legal counsel as well and spend whatever it may cost. If that works...will that become its own public record? That I removed my name change from record, but not that I initially had my name changed? I am worried about that as well.
Please let me know what my options are. Thank you.
Re: Can Name Change Be Removed from Records
The circumstances under which you can seal a public record are unusual, and would normally be something you would do at the beginning of court proceedings. "I don't want people to be able to figure out that my name, now Joe Green, used to be Giuseppe Verdi" isn't of itself a valid basis for sealing a public record - the records are public in part so people can figure that out.
I don't see a statute or court rule for Iowa that describes when a name change case may be filed under seal- there may be one, but I don't see one. You may want to discuss your options with a local lawyer.
Re: Can Name Change Be Removed from Records
I understand the purpose of the record. In my state, convicted felons cannot change their name, which makes sense. I'm wondering if there is any recourse for someone who does not have any type of record. You change your name, people look it up (especially where I live), and they assume there is some criminal reason for that, most people have no idea the law dictates convicted criminals cannot change their name. Also, because I decided to include my mom's maiden surname on my legal name, and Iowa is a gay marriage state, that may be assumed as well. The main reason I included her name was because I thought it would make it harder to find me, as it is offsetting to my primary last name. Someone now, even on facebook, sees I have two last name, and may look up both in conjunction. Mainly as a diversion. I thought a lot about this and decided this was the best option.
Social security is still the same number, so anyone affiliated with a goverment/credit agency can see that I changed it - but I still firmly believe this should not be public record when it opens the door for someone to be ridiculed - especially living a smaller community.
I think if I actually pushed this far enough with the right attorney, it would have the potential to be a landmark case, but I don't want that kind of publicity for this.
Any other opinions?
Re: Can Name Change Be Removed from Records
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Any other opinions?
ya. The records need to remain public so people such as creditors can chase down deadbeats that change their names simply to hide. Same thing for law enforcement agencies looking for criminals.
Re: Can Name Change Be Removed from Records
I'm not disputing that. Social security stays the same as well, creditors will find you eventually. I don't think name change law should be treated as one-size fits all. The public assumes the most bizarre reasons when you do it.
I also specifically said for someone who is neither that category.
Re: Can Name Change Be Removed from Records
So far you haven't given us any valid reason why a court would be interested in sealing your records, even assuming that you can identify a law that would authorize a court to do so.
"If you change your name, people might think you're a criminal"? No more true for you than for anybody else.
"I used my mom's surname in my new name, so people may think I'm gay"? That doesn't make sense.
Re: Can Name Change Be Removed from Records
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Quoting
styleguy
I'm not disputing that. Social security stays the same as well, creditors will find you eventually. I don't think name change law should be treated as one-size fits all. The public assumes the most bizarre reasons when you do it.
I also specifically said for someone who is neither that category.
social security does not have to stay the same. Your number can be changed under certain circumstances. You put that together with people changing their names with a sealed record...
hey, that's sounding like witness protection where the intent is to not be found, at all.
sorry guy, the law is what it is. If you don't agree with it, contact your legislators.
Re: Can Name Change Be Removed from Records
Someone who is so concerned about their privacy would probably change their Facebook settings to make themselves unfindable.
Seriously.
Of course, if s/he chose not to do that...well, whose fault is that if someone connects the dots?
Re: Can Name Change Be Removed from Records
I don't think you guys are getting the point. I understand it is the law - that doesn't mean I can't question or challenge it. The point is, some laws are stupid. Blacks would still be picking cotton if some laws were still in effect.
Seeing another last name on a male in a gay marriage state is going to bring up that consideration. That's really not the main reason for it. People assume you are some sort of criminal and that is why you changed your name. Not exactly something you want. I wanted to do this and I am happy I did. I thought someone here might know a little bit more. Also, my 10 year high school reunion is coming up and I keep in touch with none of those people. If one person looks me up, and finds out, everyone is going to know, and people rarely if ever leave this state. I don't associate with any of them - but that doesn't mean there isn't a chance I won't see them out sometimes and potentially be ridiculed over it. Especially when I was ridiculed over my birth name, some will probably know.
Maybe you can't understand, but it is a very personal issue. Like I said, I would prefer to tell people I deal with in my life accordingly. I think that should be my right, not that hard to understand.
I need to get out of the midwest anyways, and obviously there are no options for having this removed. It is too cold and boring here. Thanks for replies.
Re: Can Name Change Be Removed from Records
You are free to contact your state rep and let him know that you would like the law changed. Of course, in this instance it might also take a constitutional amendment - closing court records can infringe upon freedom of the press.
Complaining to us that you don't like the law? That won't change the law.