Allow Cis and Trans people to seal court records of name change for privacy and safety.
Allow Cis and Trans people to seal court records of name change for privacy and safety.
The Issue
Currently in the state of Texas, transgendered people and victims of domestic violence are able to file a "petition to change the name of an adult" and have the record sealed. Having it sealed means no regular citizen can find out your old name or new name from the record. Trans people have this benefit because they are at risk of harassment and harm if anyone finds out they are transgender. Domestic violence survivors also have this available to them for the purpose of their abuser to not be able to find them. The problem: Lots of people face stalking and different forms of abuse that are covert/secretive and cannot be proven in court with evidence. Sometimes it's difficult or even impossible to document and gain evidence of abuse or stalking. Not having evidence should only affect your ability to prosecute the abuser. (Innocent until proven guilty). But it should never affect your ability to leave and hide from the abuser in another state under a new name for the sake of safety. If a record of legal name change is not sealed, anyone can go online and search for your old name on a people finder website and find public court documents stating you changed your name and revealing what your new name is. Having knowledge of your new name can allow them to find your current address even if you moved to another state. This puts many victims in danger when they don't have sufficient, or recent enough evidence of stalking or covert/secret abuse to prove in court.
This is a petition for all people of any gender, being abused or not, to have the right to seal their court record of a legal name change for the purpose of privacy and safety even when there is no evidence of risk. Gathering evidence may take longer than it would take the stalker/abuser to end the victim's life.
If you're wondering if this can be misused by people running from the law or legal obligations; this does not in any way allow criminals to hide from law enforcement due to the fact that the law already in place requires anyone who files for a legal name change must provide a fingerprint for a background check before continuing. This also does not allow anyone to evade a lawsuit or pending criminal charge, or criminal investigation. This simply allows for safety and privacy for everyone in a nation with a rising crime rate.
This can also be beneficial to those who have suffered accidental public embarrassment and are facing the choice of being known for that embarrassment for the rest of their life and suffering through their years of life or choosing suicide. This country should value the virtue of mercy and covering one another's embarrassment. People who have had nude photographs leaked, people who have had an uncontrollable bowel movement in public, people who have had a mental health episode (such as a panic attack in a public space and were filmed and posted online) should have the freedom to heal and escape that heavily stigmatized identity if they so choose and assimilate back into society without being associated with that incident. A new name, some makeup, contacts, and a new hairstyle can go a long way for someone contemplating ending their life because of the incident. Only if that court record of legal name change is sealed would they be able to escape from potential future harrassment. The current laws only take legal action AFTER harassment and mental distress has already occurred, and only if the victim can prove it with enough evidence. Allowing someone to seal a court record of legal name change after public embarrassment can prevent future harassment and harm.
Anyone who passes the criminal background check and does not have any legal or financial burdens should be allowed to seal a record of legal name change for safety, without needing to prove it. "I'm afraid" should be the only thing that needs to be said to protect someone from harm.
"I want to seal this record for privacy" also matters when your old name is no longer a part of your identity, but rather, your history. If there are no criminal, legal, or financial objections, the average citizen should have no access to your personal history. Only law enforcement with a warrant when necessary.
This petition could save many people and significantly improve the quality of life for many Texans, and hopefully someday Americans across the nation. The land of the free needs more freedom. Please sign this petition and raise awareness if you agree.
The Issue
Currently in the state of Texas, transgendered people and victims of domestic violence are able to file a "petition to change the name of an adult" and have the record sealed. Having it sealed means no regular citizen can find out your old name or new name from the record. Trans people have this benefit because they are at risk of harassment and harm if anyone finds out they are transgender. Domestic violence survivors also have this available to them for the purpose of their abuser to not be able to find them. The problem: Lots of people face stalking and different forms of abuse that are covert/secretive and cannot be proven in court with evidence. Sometimes it's difficult or even impossible to document and gain evidence of abuse or stalking. Not having evidence should only affect your ability to prosecute the abuser. (Innocent until proven guilty). But it should never affect your ability to leave and hide from the abuser in another state under a new name for the sake of safety. If a record of legal name change is not sealed, anyone can go online and search for your old name on a people finder website and find public court documents stating you changed your name and revealing what your new name is. Having knowledge of your new name can allow them to find your current address even if you moved to another state. This puts many victims in danger when they don't have sufficient, or recent enough evidence of stalking or covert/secret abuse to prove in court.
This is a petition for all people of any gender, being abused or not, to have the right to seal their court record of a legal name change for the purpose of privacy and safety even when there is no evidence of risk. Gathering evidence may take longer than it would take the stalker/abuser to end the victim's life.
If you're wondering if this can be misused by people running from the law or legal obligations; this does not in any way allow criminals to hide from law enforcement due to the fact that the law already in place requires anyone who files for a legal name change must provide a fingerprint for a background check before continuing. This also does not allow anyone to evade a lawsuit or pending criminal charge, or criminal investigation. This simply allows for safety and privacy for everyone in a nation with a rising crime rate.
This can also be beneficial to those who have suffered accidental public embarrassment and are facing the choice of being known for that embarrassment for the rest of their life and suffering through their years of life or choosing suicide. This country should value the virtue of mercy and covering one another's embarrassment. People who have had nude photographs leaked, people who have had an uncontrollable bowel movement in public, people who have had a mental health episode (such as a panic attack in a public space and were filmed and posted online) should have the freedom to heal and escape that heavily stigmatized identity if they so choose and assimilate back into society without being associated with that incident. A new name, some makeup, contacts, and a new hairstyle can go a long way for someone contemplating ending their life because of the incident. Only if that court record of legal name change is sealed would they be able to escape from potential future harrassment. The current laws only take legal action AFTER harassment and mental distress has already occurred, and only if the victim can prove it with enough evidence. Allowing someone to seal a court record of legal name change after public embarrassment can prevent future harassment and harm.
Anyone who passes the criminal background check and does not have any legal or financial burdens should be allowed to seal a record of legal name change for safety, without needing to prove it. "I'm afraid" should be the only thing that needs to be said to protect someone from harm.
"I want to seal this record for privacy" also matters when your old name is no longer a part of your identity, but rather, your history. If there are no criminal, legal, or financial objections, the average citizen should have no access to your personal history. Only law enforcement with a warrant when necessary.
This petition could save many people and significantly improve the quality of life for many Texans, and hopefully someday Americans across the nation. The land of the free needs more freedom. Please sign this petition and raise awareness if you agree.
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Petition created on April 20, 2024