What are the circumstances that require disclosure of an old legal name, when the name change case has been sealed? I've previously had my name changed in a district court in the state of Utah. The case was filed as an adult name change and the case itself was order sealed by the judge who heard it. All of my identification has been changed to reflect this fact, and copies of the court order to seal were provided to the issuing agencies as well. I'm applying to the Division of Occupational Licences to get practice a regulated profession in the state of Utah. Part of the application asks 'all previous legal names.' Am I required to disclose my old name here despite the fact that the case was sealed? The statutes governing name changes in Utah do not provide any guidance for this situation. As an admittedly rough comparison, the application also calls to disclose old criminal records unless they have been expunged. (Which, so far as I understand it, is the practical equivalent in the State of Utah) This despite that the governing statute, the Utah Expungement Act, states that DoPL may access expunged records upon request.
Was the case Sealed? Or is it considered to be Private? Those are two different cases. I was not able to find any laws regarding sealing, or expunging records of Name Changes, but was able to find the Utah Law for Criminal Records. I can only assume they draw from one another. All that being said, assuming your whatever case is sealed, then Some records are sealed. In these kinds of cases, even information about the existence of the case is not publicly available. A person seeking access to a sealed record must petition the court for permission to unseal the records. Rule 4-202.03 states that, ....no one may access a sealed court record except by order of the court. A judge may review a sealed record when the circumstances warrant. From that I can assume that, The records are not public. The records will not show up in a routine check The records will be known only if a there is a court order. Comparing it with the Expungement Act, Continued Use of Sealed Records After sealing, BCI continues to index and maintain all expunged records of arrests and convictions, but the records will not be released to the public. BCI will not divulge any information contained in the expunged records to any person or agency without a court order, unless authorized by statute to do so. Upon request, the following organizations may receive information contained in expunged records: the Board of Pardons and Parole Peace Officer Standards and Training federal authorities, unless prohibited by federal law the Division of Occupational and Professional Licensing and the State Office of Education Both cases above require a court order to get that seal record information. However, from what I gather only expunged criminal records can be access upon request by the Division of Occupational Licences. Bottom line, it sounds like you are safe to mark is no previous name, but you may lose your license in the future if something goes south. I will recommend you to get a professional look into the word of the law and provide you with a written statement of the actual law. Another thing you can try is write to the court who sealed your case, present them the situation and explain what you have found so far, and ask for guidance.
If the offence was minor than it may be considered 'spent' under the Rehabilitation of Offenders Act 1974. A conviction resulting only in a fine is usually spent after five years. Spent convictions do not normally need to be disclosed, but you should check this with whoever is asking for the information. Your mother can apply for a copy of her own criminal record by asking Disclosure Scotland for a basic disclosure; this costs £25 and takes around two weeks if the application is made online. Due to a quirk in the Disclosure and Barring Service, this is the only way a person can apply for their own disclosure certificate. Anyone in the UK can apply to Disclosure Scotland, even if they do not live in Scotland.
The main rules in a civil case are the rules of evidence, the rules of civil procedure, and a set of largely unwritten rules governing issues such as the order in which matters are presented in a trial and courtroom conduct. Basically, the rules of evidence are really a subset of a larger set of written and unwritten rules about courtroom conduct the unwritten parts of which are assumed to be known by people using them. Robert's Rules of Order do not apply to courtroom proceedings. The judge also has the "direct contempt" power to summarily punish disrespectful conduct in the courtroom without a trial, with fines or incarceration, even if it wouldn't be a crime outside the courtroom. But what if a party to the proceedings who does not "have the floor" wishes to do things like the following: Obtain a restatement (perhaps because it was unintelligible, or perhaps as a ploy for emphasis) of something uttered by another. If you are a party asking a question (or more likely an attorney for a party asking a question on behalf of a party) it is not improper to say, "I'm sorry, I couldn't hear you." It is also not generally improper for a non-questioning party to interject and state that they can't hear a witness to a judge. Obtain clarification of a statement. This can be done by a party only when it is the party's turn to cross-examine or redirect as the case may be. A judge can ask for clarification, but a party cannot do so when it is not their turn. Determine or clarify the purpose of an ongoing statement or line of questioning Generally the party not asking a question objects and the court asks the party asking the question to clarify the reason. Sometimes, in a jury trial, the party asked to clarify will say "may we approach the bench" and a private discussion will be held between counsel for both sides and the judge regarding an ongoing issue. Determine whether the judge will allow something later in the proceedings. (E.g., "At some point I hope to speak to point X. May I do that now? Or will I be afforded that opportunity at some later point before the conclusion of this hearing?") Lawyers are expected to know this for the most part without having to ask. Also, usually before the court starts to take evidence, and at breaks, the judge will ask "are there any preliminary matters that need to be addressed?" or "are there any procedural matters that need to be addressed?" and questions such as this can be raised at that time.
Name-changing can facilitate escaping liability, so that e.g. if you are liable to someone for $20,000 and you change your name, you may be able to evade that liability. If a name change is made public, then others who have a legal claim against you are officially put on notice that Elmore James is now known as Lee Smith, and paperwork naming the respondent can be properly filled out. A criminal background check will not catch fact such as that you earlier caused damage to another person's property.
From the German lawyer association (&quot;Deutscher Anwaltverein&quot;) one can find the following (Google-translation): In the case of a purely preventive identity check, the officers are initially only allowed to determine the identity of the respondent. This means that you can ask for your name, date and place of birth, home address and nationality and have your ID shown - by the way, as a German citizen you don't have to always have your ID with you. &quot;You don't have to answer any questions beyond that,&quot; says lawyer Robert Hotstegs from the German Lawyers' Association (DAV). Of course, police officers often try to gather more information with emphatically casual questions. &quot;Well, where do we come from&quot; or: &quot;And where are we going now?&quot; Are typical examples. The police are not allowed to insist on an answer. Anyone who, as a respondent, is voluntarily too willing to provide information can harm themselves and possibly even give rise to concrete suspicions. So they are allowed to ask such things, but you don't need to answer everything. How to handle such situations, again according to the link above: “I recommend answering the survey as briefly and politely as possible. This has a de-escalating effect and helps to end the unpleasant situation as quickly as possible, ”says Attorney Hotstegs. However, you should always answer the questions about yourself. Because if the police cannot determine the identity of a person or only with great effort, they may take further measures to determine the identity. This includes taking it to the police station and, under certain circumstances, a search. Otherwise, these measures are not permitted without a specific reason.
For example, is there a way to search my identity (SSN) in property records and get an official document verifying there are no matching results? No. You can search by name on a county by county basis, however. A certified search result from your county of residence to corroborate you affidavit or declaration and attached as an exhibit to the affidavit or declaration might be worth including (even if it is something of a matter of form over substance). You might also considering attaching a copy of your lease to the place where you reside in New Jersey if you have one. Both of these documents would only corroborate that you don't own what you claim to be your residential address, rather than proving by themselves that you own no real estate in New Jersey. But the authorities you are seeking to prove something to will inevitably have to take you at your word regarding what your residential address is anyway. For purposes of tax exemption in another country, I need to prove that I do not own a house or an apartment in my current state of residence, which is New Jersey. How can I do that? Usually, you would do this by executing an affidavit or declaration under the penalty of perjury to that effect.
These situations do come up (and incidentally, this is nothing new, it has been a difficult and recurring legal issue since at least the 18th century), and they really suck to be in, and often there aren't easy answers. There are a lot of legal doctrines out there that are designed to avoid a hard clash of conflicting court orders and to prevent someone from suffering contempt of court sanctions when they are in this bind. Generally, litigants caught in this bind look for these outs. For example, when particular property or records are at issue, often the person in question will "interplead" the property placing it in the jurisdiction of a court to resolve and out of their hands. There is a doctrine called in custodia legis which provides that once something is in the custody of a court that another court may not exercise jurisdiction over it. The entire sub-field of civil procedure pertaining to jurisdiction and venue is designed to avoid these conflicts. U.S. law has a whole sub-field a statutes and legal doctrines like the Rooker-Feldman doctrine designed to prevent these conflicts from coming up when they arise between federal and state courts. One of the most important legal doctrines is that a person cannot be punished for contempt of court for failing to do something that the person being held in contempt of court does not have the ability to do. One argument, which doesn't always work, is that once you are subject to a legally binding court order that has been served upon you that you may not legally defy that court order in order to follow the order of a court which cannot override the decisions of the court issuing the first order. Usually, contempt citations are directed at individual employees or agents rather than at entities. For example, in a dispute over Indian Trust Funds against the United States government, contempt citations were brought against the Secretary of Interior personally and could have sent that individual to jail for not complying. One way the an individual can get out of the order relating to an employment or professional duty is to resign from office and thus deprive oneself of the ability to perform the order. But, the short answer is that there is no one simple legal rule for resolving these situations, and the litigants stuck in these situations look for every available legal argument to resolve it until it is resolved.
If you are a citizen of Cyprus, you fill out the name change affidavit on a form available form your District Administrative Office before a notary, submit it with 80 Euros, and hope that the Registrar at the District Administrative Office approves your application. Your affidavit will state, among other things, your proposed name, which must be acceptable by Cyprus standards, and your reason for the change, which probably shouldn't be "to assist me in avoiding an outstanding warrant for my arrest for murder and high treason against the government of Cyprus" or "to steal the identity of my next door neighbor." If it is approved, you are done and can now go about the arduous process of changing your name with everyone you need to do business with from bank accounts to property registries to ID cards and passports to leases to car titles to professional licenses. If it isn't, you figure out why and either change your application accordingly or see if you can find an attorney to help you contest the denial in the appropriate tribunal. If you are not a citizen of Cyprus, you probably need to go to the country in the E.U. where you are a citizen, if there is one.