Name changes-sealed.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0293

HOUSE BILL
NO.
HB0265

Name changes-sealed.

Sponsored by:
Representative(s) Barbuto, Greene,
Harvey
, Petroff and Throne and Senator(s) Hastert

A BILL

for

AN ACT relating to change of name proceedings in district court; allowing
c
hange of name proceedings
and records
to be
nonpublic and
sealed in certain cases
;

exempting such cases from residency requirements as specified; providing for documentation as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
25
‑
105 is created to read:

1
‑
25
‑
105.

Nonpublic proceedings and sealed records.

(a)

A petition for a change of name and the
entire change of name proceedings and record
shall not be a matter of public record and the
district
court shall order the records sealed
if the court finds by clear and convincing evidence
:

(i)

T
he safety of the
person petitioning for a change of name
warrants
that the proceedings should be nonpublic and the records
sealed; or

(ii)

If the person petition
ing
for a change of name is
under
eighteen
(1
8
) years of age:

(A)

T
he safety of the
person

warrants that the proceedings should be nonpublic and the records
sealed; and

(B)

T
he
parents of the
person

w
ere
provid
ed an opportunity to respond to the petition or the
ir
parental rights

have been terminated.

(b)

Every person
petitioning for

a
change of name under this section shall
file a petition
, verified by affidavit, containing the following:

(i)

A concise statement of the reason for the name change;

(ii)

If the
person petition
ing
for a change of name
is over seventeen (17) years of age, the results of a certified, fingerprint based criminal history record check conducted pursuant to subsection (e) of this section within ninety (90) days prior to the filing of the petition;

(iii)

Certified copies of all contents of any court file, from any jurisdiction, in which a court has ordered child support, determined paternity or parental rights or ordered allocation of parental responsibilities or
custody regarding the person petitioning for a name change
;

(iv)

If the
person petitioning for a name change
is over seventeen (17) years of age, a copy of a consumer report from a consumer reporting agency requested pursuant to section 604 of the Fair Credit Reporting Act, 15 U.S.C. 1681b.

(c)

If the court allows the petition to proceed on a
nonpublic and
sealed record basis under this section, the residency and publication requirements under W.S. 1
‑
25
‑
102 and 1
‑
25
‑
103 shall not apply.

(d)

All papers and records
s
ealed under this section shall be kept as a permanent record of the court but shall be opened for inspection only upon an order of the court for good cause shown or up
on the request of the person petitioning for a name change
.

(e)

If the person petitioning for a change of name is over seventeen (17) years of age, prior to filing a petition under this section,
the
person
shall submit to the division of criminal investigation through the sheriff's office in the county of the applicant's residence:

(i)

A completed application for a criminal history record check in a form approved by the division;

(ii)

A full set of fingerprints of the applicant administered by a law enforcement agency. The actual cost of processing the set of fingerprints required in this paragraph shall be borne by the applicant.

(f)

The sheriff's office shall forward items received under subsection (e) of this section to the division
of criminal investigation
which shall process the full set of fingerprints of the applicant for any criminal justice information. The division shall submit a fingerprint card to the national criminal justice information center for a national background check. The cost of processing the fingerprints shall be payable to the division. The results of the investigation shall be sent to the sheriff's office for distribution to the applicant after payment of any costs.

Section 2.

W.S. 1
‑
25
‑
101 and 1
‑
25
‑
103 are amended to read:

1
‑
25
‑
101.

Verified petition to be presented; information to be shown in petition; order of court making change; record to be made.

Every person desiring to change his name may petition the district court of the county of the
petitioner's
residence for the desired change. The petition shall be verified by affidavit setting forth the
petitioner's
person's
full name, the name desired, a concise statement of the reason for the desired change, the place of his birth, his place of residence and the length of time he has been an actual bona fide resident of the county in which the petition is filed. If the court is satisfied that the desired change is proper and not detrimental to the interests of any other person, it shall order the change to be made, and
, subject to W.S. 1
‑
25
‑
105,
record the proceedings in the records of the court.

1
‑
25
‑
103.

Notice to be given by publication.

Except as provided in W.S. 1
‑
25
‑
105, a
p
ublic notice of the petition for a change of name shall be given in the same manner as service by publication upon nonresidents in civil actions.

Section 3.

This act is effective July 1,

2011.

(END)

1
HB0265