12-601. Application; venue; judgment; sealing of record

544 words·~2 min read·/az/title-12/12-601

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person who desires to change the person's name and to adopt another name may file an application in the superior court in the county of the person's residence, setting forth reasons for the change of name and the name the person wishes to adopt. The court may enter judgment that the adopted name of the party be substituted for the original name. The court shall consider the criteria under subsection C of this section in determining whether to enter judgment that the adopted name of the party be substituted for the original name.

B. The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the minor and the criteria that apply to the minor under subsection C of this section in determining whether to enter judgment that the name of the minor be changed.

C. A person who files an application for change of name shall indicate under penalty of perjury:

1. If the person has been convicted of a felony.

2. If felony charges are pending in any jurisdiction against the person for any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity.

3. If the person is knowingly changing the person's name to that of another individual for the purpose of committing or furthering the commission of any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements.

4. The person is making the application solely for the best interest of the person.

5. The person acknowledges that the change of name will not release the person from any obligations incurred or harm any rights of property or actions in the original name.

D. Notwithstanding any law to the contrary, a victim as defined in section 13-4401 or a prosecutor has standing to contest any legal name change at any time before the entry of judgment or up to one year after entry of judgment.

E. On entering a conviction for an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity, the superior court may enter an order setting aside a change of name judgment or deny any pending application.

F. On request of a person who files an application for a change of name, the court may seal the change of name application and judgment. The information in the application and judgment shall not be disclosed and is not a public record. A person who obtained a judgment on or after January 1, 2009 may request that the court seal the application and judgment pursuant to this subsection. For the purposes of this subsection, "person" means a person who is protected under an order of protection or injunction against harassment or a person who is the victim of an offense involving stalking as prescribed in section 13-2923 or an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of section 13-2923.