259.13 PERSONS WITH FELONY CONVICTION; NAME CHANGES.
Subdivision 1. Procedure for seeking name change.
(a) A person with a felony conviction
under Minnesota law or the law of another state or federal jurisdiction shall serve a notice of
application for a name change on the prosecuting authority that obtained the conviction against
the person when seeking a name change through one of the following procedures:
(1) an application for a name change under section
(2) a request for a name change as part of an application for a marriage license under section
(3) a request for a name change in conjunction with a marriage dissolution under section
If the conviction is from another state or federal jurisdiction, notice of application must also
be served on the attorney general.
(b) A person who seeks a name change under section
shall file proof of
service with the court as part of the name change request. A person who seeks a name change
shall file proof of service with the county as part of the application for a
(c) The name change request may not be granted during the 30-day period provided for in
subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the requirements
in subdivision 3 or 4. Nothing in this section shall delay the granting of a marriage license under
, which may be granted without the name change.
Subd. 2. Objection by prosecuting authority.
At any time within 30 days from the date of
service of the notice of application for a name change under this section, the prosecuting authority
or the attorney general may file an objection to the application for a name change. The objection
may be made on the basis that the request aims to defraud or mislead, is not made in good faith,
will cause injury to a person, or will compromise public safety. If an objection to the application
for a name change is filed within this time period, the court may not grant the name change
request, and the county may not allow the name change as part of a marriage license.
Subd. 3. Motion to grant name change request.
A person who seeks a name change may
contest the prosecuting authority's or attorney general's objection by filing a motion with the court
for an order permitting the requested name change. Except as provided in subdivision 4, no name
change shall be granted unless the person requesting it proves by clear and convincing evidence
that the request is not based upon an intent to defraud or mislead, is made in good faith, will not
cause injury to a person, and will not compromise public safety.
Subd. 4. Constitutional right to name change.
The court shall grant a name change if
failure to allow it would infringe on a constitutional right of the person.
Subd. 5. Costs.
A person seeking a name change under this section may proceed in forma
pauperis only when the failure to allow the name change would infringe upon a constitutional
Subd. 6. Criminal penalty.
A person who knowingly violates this section is guilty of a
History: 2000 c 311 art 3 s 3