(1) (a) (I) Every person
desiring to change the person's own name may present a petition to that effect,
verified by affidavit, to the district or county court in the county of the petitioner's
residence, except as otherwise provided in subsection (1)(a.5) of this section. The
petition must include:
(A) The petitioner's full name;
(B) The new name desired; and
(C) A concise statement of the reason for the name change.
(II) If the petitioner is over fourteen years of age, the petition shall also
include the results of a certified, fingerprint-based criminal history record check
conducted pursuant to paragraph (c) of this subsection (1) within ninety days prior
to the date of the filing of the petition.
(III) If the petitioner is under nineteen years of age, the petition shall also
include the caption of any proceeding in which a court has ordered child support,
allocation of parental responsibilities, or parenting time regarding the petitioner.
(a.5) If the petitioner is under nineteen years of age and is the subject of an
action concerning child support, allocation of parental responsibilities, parenting
time, or dependency and neglect, then the petition for name change must be filed in
the court having jurisdiction over the action concerning child support, allocation of
parental responsibilities, parenting time, or dependency and neglect. If the
petitioner is under twenty-one years of age and a participating youth in Colorado's
foster youth in transition program pursuant to part 3 of article 7 of title 19, then the
petition for name change may be filed in the court having jurisdiction over the
action concerning the foster youth in transition case.
(b) The fingerprint-based criminal history check shall include arrests,
conviction records, any criminal dispositions reflected in the Colorado bureau of
investigation and federal bureau of investigation records, and fingerprint
processing by the federal bureau of investigation and the Colorado bureau of
investigation. The petitioner shall be responsible for providing certified copies of
any criminal dispositions that are not reflected in the Colorado bureau of
investigation or federal bureau of investigation records and any other dispositions
which are unknown.
(c) The petitioner shall be responsible for supplying fingerprints to the
Colorado bureau of investigation and to the federal bureau of investigation and for
obtaining the fingerprint-based criminal history record checks. The petitioner shall
also be responsible for the cost of such checks.
(1.5) Unless the petitioner has shown good cause why the publication
provisions of section 13-15-102 should not apply, the court shall order the petitioner
to publish notice as provided in section 13-15-102 and file proof of the publication
with the court.
(2) (a) Upon receipt of proof of publication or upon an order of the court
stating that publication is not required, the court, except as otherwise provided in
paragraphs (b) and (c) of this subsection (2), shall order the name change to be
made and spread upon the records of the court in proper form if the court is
satisfied that the desired change would be proper and not detrimental to the
interests of any other person.
(b) The court shall not grant a petition for a name change if the court finds
the petitioner was previously convicted of a felony or adjudicated a juvenile
delinquent for an offense that would constitute a felony if committed by an adult in
this state or any other state or under federal law. If the certified, fingerprint-based
criminal history check filed with the petition reflects a criminal charge for which
there is no disposition shown, the court may grant the name change after
affirmation in open court by the petitioner, or submission of a signed affidavit by the
petitioner, stating he or she has not been convicted of a felony in this state or any
other state or under federal law.
(c) (Deleted by amendment, L. 2005, p. 20, � 1, effective February 23, 2005.)
(3) Notwithstanding subsection (2)(b) of this section, the court may grant a
petition for a change of name for a petitioner who was previously convicted of a
felony in this state or any other state, or adjudicated a juvenile delinquent for an
offense that would constitute a felony if committed by an adult in this state or any
other state or under federal law, if the court finds that the petitioner must have a
legal name change in order for the department of revenue to issue a driver's license
or identification card in that name and if all of the following requirements are met:
(a) The petitioner meets all of the requirements of subsections (1) and (1.5) of
this section and paragraph (a) of subsection (2) of this section;
(b) (I) The proposed name change is to a name under which the petitioner
was convicted or adjudicated; except that, for good cause, the court may allow a
change of name other than the name under which the petitioner was convicted or
adjudicated;
(II) For the purposes of this subsection (3)(b), good cause includes changing
the petitioner's name to conform with the petitioner's gender identity.
(c) Prior to filing the petition, the name change applicant:
(I) (A) Submits his or her fingerprints to the Colorado bureau of investigation
and the federal bureau of investigation for purposes of obtaining a fingerprint-based criminal history records check along with a written request to add his or her
proposed name as an alias to the name change applicant's criminal history record.
(B) The Colorado bureau of investigation is authorized to add an alias to a
name change applicant's criminal history record upon request.
(II) (A) Notifies the district attorney's office in any district in which the
applicant was convicted of a felony that he or she is requesting a name change
pursuant to this subsection (3).
(B) If the district attorney's office has a record of any victim of the
applicant's crime, the district attorney's office shall send notice of the proposed
name change to the victim.
(III) If, at the time the petition is filed, the applicant is in custody of the
department of corrections, under an order for probation or community corrections,
or incarcerated in a county jail, the applicant provides written notice to the
supervising agency that he or she is requesting a change of name under this
section; and
(IV) Provides the court with a copy of his or her criminal history record from
both the Colorado bureau of investigation and the federal bureau of investigation
and the criminal history report from the Colorado bureau of investigation reflects
the addition of the proposed changed name as an alias; and
(d) The court finds that:
(I) The name change is not for the purpose of fraud, to avoid the
consequences of a criminal conviction, or to facilitate a criminal activity; and
(II) The desired name change would be proper and not detrimental to the
interests of any other person.
(4) The department of revenue shall not issue a driver's license or an
identification card in the new name of a name change applicant unless the name
change applicant submits a court order changing the applicant's name pursuant to
this section.
(5) (a) If a petitioner is seeking a name change to harmonize name
discrepancies necessary to be issued an identification card, the petitioner:
(I) If the petitioner attempted to obtain a fingerprint-based criminal history
record check and results were inconclusive or unreadable, may submit, in lieu of a
fingerprint-based criminal history record check, a name-based criminal history
record check with all previously used names using the records of both the federal
and Colorado bureaus of investigation and an attestation under penalty of perjury
that the petitioner has not been convicted of a felony; and
(II) Need not publish the name change under section 13-15-102.
(b) To qualify for the simplified name change process in this subsection (5),
the petitioner must:
(I) Sign an affidavit that the purpose of the name change is to obtain an
identification card issued by the department of revenue and that the desired name
change would be proper and not detrimental to the interests of any other person;
and
(II) Be at least seventy years of age.
(6) The provisions of this section do not apply to a motion filed pursuant to
section 14-10-120.2, C.R.S., requesting restoration of a prior full name after entry of
a decree of dissolution or legal separation.