At Katherine O’Brien Law, we understand the challenges of dealing with negative online content and criminal records. One question we often get is whether changing your name can help avoid the repercussions of these issues, whether online for friends and acquaintances to see or on a background check report for a job. While a name change might seem like an easy fix, it’s essential to understand its limitations and the alternative solutions available.
The Reality of Changing Your Name
Changing your name might help you avoid negative online content, but it won’t erase your criminal record. Criminal background checks for employment are tied to your Social Security Number (SSN), not just your name. This means your record will still be accessible to employers and others who conduct thorough background checks.
When a Name Change Might Make Sense
Depending on state laws, a name change could help you distance yourself from negative online content. This option might be viable if the content is primarily associated with your current name and not linked to other identifiers like your SSN or personal details. However, it’s important to note that, even with a name change, people may still be able to connect you to negative online information through various means.
This article discusses the legalities of changing your name when you have a criminal record and what other options you have, depending on whether you are trying to prevent your criminal conviction from showing up on criminal background checks for employment, the internet, or both.
Can You Legally Change Your Name if You Have a Criminal Record?
Whether you can change your name if you have been convicted of a crime depends on the legal jurisdiction overseeing your name change request, typically the state you reside in, and the nature and severity of your crime. To petition for a name change, you must be a resident of the state where you are filing the petition.
Many states require you to disclose any criminal record and the specific crimes you were convicted of. Being arrested without a conviction or being acquitted generally does not prevent you from changing your name. However, depending on the state, a criminal conviction may bar you from doing so.
For example, Illinois asks on its name change form if you are a felon. If you answer yes, your request is automatically denied. Florida also bars convicted felons from changing their names. Conversely, Georgia has no such restrictions, allowing even felons to petition for a name change. New Jersey also has no restrictions but requires disclosure of any felony convictions and notification to the county prosecutor where the criminal matter is being heard for pending felony charges. Other states may differentiate based on the type of crime committed, with offenses related to fraud or misrepresentation being more likely to disqualify an individual from changing their name.
Regardless of the state, you will undergo a court process where your motivations for changing your name will be scrutinized. It is illegal to change your name to evade prosecution or escape debt. If the court suspects these motives, you could face serious new charges, as some states classify this action as a felony.
Criminal Background Checks and Name Changes
Background checks play a crucial role in the name change process. A key component of these checks is an SSN trace, which reveals a person’s previous addresses and any other names they have used. As a result, even after changing your name, a thorough background check can uncover your former identities and any associated criminal records.
Background checks use your SSN to identify all names registered with the Social Security Administration. These searches compile extensive alias reports detailing your history under various names. This is particularly important because criminal records are matched using names and dates of birth, not SSNs. Therefore, despite a name change, your criminal record can still be linked to you through these background checks.
Does Changing Your Name Hide a Criminal Record on a Background Check?
No, changing your name will not hide your criminal record from a background check and should not be pursued for this purpose. Here’s why:
- Name Change Process: States typically require you to update all relevant public records after a name change. However, your criminal record remains tied to your new name.
- Background Checks: Professional background checks, such as those conducted by employers, use your Social Security Number (SSN) to retrieve your history. Since your SSN has not changed, your old name and criminal record will still be accessible.
- Law Enforcement Checks: Police officers conducting background checks during traffic stops or when processing an arrest will also use your SSN. Your criminal record will be uncovered despite the name change.
- Online Searches: Online databases may automatically update your criminal record with your new name. This means the criminal record may still be associated with you.
In short, changing your name will not erase or hide your criminal record from appearing on background checks.
Removing Criminal Records from Background Checks via Expungement and/or Sealing
Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility. Once the charges or convictions are expunged or sealed from your record, most state laws allow you to legally answer “NO” to any questions concerning whether or not you have a criminal record, and the charges and/or convictions will be removed from your criminal background check.
If you want an arrest record removed from your criminal background check, consult a qualified attorney in your area. They can help you understand the specific rules and create a plan to clear your record.
Will Expungement Remove Content from the Internet?
A common question we receive is whether an expungement order issued by the state where the arrest occurred will mandate the removal of related news articles, mugshots, etc., from the Internet. The short answer is no.
Expungement laws vary significantly by state. Some states allow for the expungement (or sealing) of criminal records, while others do not. Even if your state permits expungement, the order typically only directs law enforcement agencies (like courts, police departments, and the FBI) to stop disclosing your expunged records in response to background check requests.
An expungement order does not require the press, news organizations, or any private company or website to remove articles mentioning the expunged matters. Forcing them to do so would violate the First Amendment’s protections of free speech and free press.
Thus, expungement will not compel news organizations or websites to delete information from their articles. However, as discussed below, there are additional options for removing content regarding you or your arrest from the Internet, regardless of whether or not it has been expunged from your criminal background check.
Removing Criminal Records and/or Negative Content from the Internet via Online Content Removal Services and/or Suppression
If you’re looking to manage negative online content or other issues related to your criminal history online, there are more effective strategies to consider other than a name change, including online content removal and/or suppression services.
At Katherine O’Brien Law, we specialize in removing negative content from the source and suppressing unwanted information, providing you with practical solutions that don’t require a name change.
A. Online Content Removal Services
Online content removal services, like those offered by Katherine O’Brien Law, are essential for managing your online reputation by eliminating negative content. The process begins with identifying harmful content and assessing its removal feasibility. Our team contacts website owners, leveraging legal arguments or policy violations to request content removal.
At Katherine O’Brien Law, our content removal attorneys strive to eliminate harmful content from the internet permanently. Successful removal can involve convincing websites to take down the page completely, anonymizing you by removing your name, applying a “no index” tag so the page doesn’t appear in search results, or getting Google to deindex the webpage. In all these scenarios, the harmful content would not appear in Google searches for your name, ensuring your online reputation is protected.
At Katherine O’Brien Law, we handle all online content removal cases on a contingency basis, meaning there is no fee unless we successfully remove or deindex the content. Moreover, we help clients remove harmful content from the Internet nationwide. Thus, regardless of where you are located in the United States — we can help.
Click here to read more about our online content removal services.
B. Suppression Services
If direct removal isn’t possible, another alternative solution is to employ suppression techniques, using SEO to bury the content. Suppression does not eliminate the content from the Internet. Instead, the webpage stays the same, but an SEO service works to bury the harmful content in search engine results. They achieve this by creating positive or neutral websites that mention your name, effectively pushing the harmful content further down (hence the term “suppression”). This process aims to move the damaging content from the first page of Google to later pages, making it less visible and harder for people to find.
Pros and Cons of Each Method
- Removing Content at the Source:
- Pros: Permanently eliminates negative content, ensuring it cannot be found or associated with your name.
- Cons: It can be challenging if the source is uncooperative or the content has been widely disseminated.
- Why It Makes Sense: At Katherine O’Brien Law, we remove negative content directly from the source. We operate on a contingency basis, meaning there’s no fee unless we successfully remove the content. This approach ensures you have nothing to lose by attempting content removal first.
- Suppression:
- Pros: Burying negative content makes it harder for people to find, improving your online presence without needing a name change.
- Cons: The content still exists online and could potentially resurface.
- When It’s Effective: Suppression can be an excellent strategy if the content cannot be removed but can be pushed down in search engine results.
- Name Change:
- Pros: It may help distance you from negative content.
- Cons: Changing your name is a fairly drastic solution for most people and may allow others to associate you with negative information. In addition, the process and implications of attempting a name change with a criminal record vary by state, with some jurisdictions imposing restrictions based on the nature and severity of crimes committed.
Deciding the Best Approach for Your Situation
As can be seen, content removal is far superior to suppression services and name changes when it comes to attempting to remove negative content about you or your arrest record from the Internet. Thus, the best strategy for almost any case would be to try for a complete removal through a service such as what Katherine O’Brien Law offers first. If we cannot remove the content, we will give you a full refund, which you can then put towards hiring a suppression company to bury the content in search results or towards changing your name. In short, you have nothing to lose by attempting a full removal.
At Katherine O’Brien Law, we are here to help you navigate these options and decide what makes the most sense for your unique situation. We are leaders in negative content removal, and very few lawyers handle these cases, especially on a contingency basis, as we do. Contact us today to discuss your case and find the best path forward.
Additional Resources
How To Remove News Articles About An Arrest from Google and the Internet
