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Information Sheet for Name Change Proceedings Under
Address Confidentiality Program (Safe at Home)
superior court of the county where the person whose name
is to be changed presently lives.
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Whose Name May Be Changed
he petition may be used to change one’s own name and,
under certain circumstances, the names of others (e.g.,
children under 18 years of age). There are no filing fees for
minors in the Safe at Home program.
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Name Changes for Children
petitioner in the confidential address program must
comply with all the rules stated in item 8 in the Instructions
on the back of the Petition for Change of Name, concerning
serving notice of a name change petition for a child on the
child’s parents or grandparents. The confidentiality
provisions do not change those requirements. You will
generally not be able to change a child’s name without
notifying the other parent.
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What Forms Are Required
repare an original and two copies of the forms described in
item 4 of the Instructions on the back of the Petition for
Change of Name (form NC-100). In addition:
a. In the Petition for Change of Name (form NC-100),
Order to Show Cause for Change of Name (form NC-
120), and Decree Changing Name (form NC-130),
include your present name where indicated. Instead of
including the proposed new name, indicate that the new
name is confidential and on file with the Secretary of
State’s Safe at Home program.
b. In the Attachment to the Petition for Change of Name
(form NC-110), include the reasons for seeking the
name change.
c. Prepare and attach to the front of each document a
Confidential Cover Sheet—Name Change Proceeding
Under Address Confidentiality Program (Safe at Home)
(form NC-400). Do not include the petitioner’s current
name on these forms. These forms will flag the
documents as containing confidential information.
ou will also need a copy of the letter from the Safe at
Home program to take to the court when filing the petition,
to confirm that you are in the confidential address program
and have a Notice of Intent of Name Change on file. Keep a
copy of that letter for your records.
Filing
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ollow the instructions in item 5 of the Instructions on the
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Confidentiality in Name Change
Proceedings
t is important that you understand that changing your
name, especially confidentially, is a life-changing decision.
It may make it more difficult for you to enforce a
restraining order and significantly impair your ability to
obtain a passport, apply for school programs, purchase or
rent property, gain employment, get credit, start a business,
and other matters.
The law provides confidentiality for a petitioner seeking a
name change who is a participant in the Secretary of State’s
confidential address program, Safe at Home, under
Government Code section 6205 et seq., and who asserts
reasons for a name change that include seeking (1) to avoid
domestic violence, (2) to avoid stalking, (3) to avoid sexual
assault, or (4) to avoid human trafficking. (One of these
reasons must be stated in the papers filed with the Petition
for Change of Name.)
By law, the court must keep the current legal name of such
a petitioner confidential. The court must not publish or post
the name in the court’s calendars, indexes, or registers of
actions, or in any other place in which it might be
accessible to the public. In addition, the proposed new name
is not put into the court records at all and does not have to
be published. (Code Civ. Proc., § 1277(b).)
To ensure this confidentiality for the name change
proceeding, petitioners must follow the instructions below.
Is a Lawyer Necessary?
ou are not required to have a lawyer, but it is highly
advisable that you contact a lawyer or legal service agency
to discuss the effects of a confidential name change.
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efore beginning the court process for a confidential name
How to Get Started
change, you must be an active participant in the Safe at
Home program. You must complete and file a Notice of
Intent of Name Change with the Safe at Home program at
the Secretary of State’s Office. You will receive a letter
from that program to show to the court, confirming that the
you are an active participant in the confidential address
program and that a Notice of Intent of Name Change is on
file. You can reach the Safe at Home program by calling
toll free 1-877-322-5227 or by going to the Web site at
www.sos.ca.gov/safeathome.
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NC-400-INFO
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s with all name change petitions, the petition filed under
the confidential address program must be filed in the
____________________________________________________________________________
Information Sheet for Name Change Proceedings
Under Address Confidentiality Program (Safe at Home)
NC-400-INFO Page 1 of 2
back of the Petition for Change of Name (form NC-100).
Prepare and attach a Confidential Cover Sheet (form
Where to File
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Judicial Council of California,
www.courts.ca.gov
Rev. January 1, 2019, Optional Form
Code of Civil Procedure, § 1277, 1278;
Cal. Rules of Court, rules 2.575, 2.577
Information Sheet for Name Change Proceedings Under
Address Confidentiality Program (Safe at Home)
c. A substantial probability exists that the overriding
interest will be prejudiced if the record is not sealed.
d. The proposed order to seal the records is narrowly
tailored to protect that overriding interest.
e. No less restrictive means than sealing the whole record
exist to achieve the overriding interest.
petitioner in the confidential address program may file an
application to file records under seal following the
procedures in rule 2.577 of the California Rules of Court.
The application must be made on the Application to File
Documents Under Seal in Name Change Proceeding Under
Address Confidentiality Program (Safe at Home) (form
NC-410) and be accompanied by a Declaration in Support
of Application to File Documents Under Seal in Name
Change Proceeding Under Address Confidentiality
Program (Safe at Home) (form NC-420), containing facts
sufficient to justify the sealing.
ttach a Confidential Cover Sheet (form NC-400) to the
application. All the documents that you want filed under
seal must be put in a sealed envelope, with a completed
Confidential Cover Sheet (form NC-400) on top marked
“Conditionally Under Seal.” and lodged with the court. If
the application is denied, the documents will be returned by
the clerk unless you file written notice within 10 days that
they should be filed unsealed.
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Making the Records Public
ven if the documents are not sealed, as long as the other
requirements are met, your name will remain confidential
UNLESS:
. Your participation in the address confidentiality
program is ended under Government Code section
6206.7; or
. The court finds by clear and convincing evidence that
the allegations of domestic violence or stalking in the
petition are false (see Code of Civil Procedure section
1278(b).)
If another person or a court wants to make the records
public based on the above, the court must hold a hearing,
with notice sent to the petitioner in care of the Safe at Home
program, as permitted under Government Code section
6206(a)(5)(A).
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Local courts may supplement these instructions. For
instance, the court may provide you with additional
written information identifying the department that
handles name change petitions and the times when
Code of Civil Procedure, § 1277, 1278;
Cal. Rules of Court, rules 2.575, 2.577
petitions are heard. Check with the court to determine
www.courtinfo.ca.gov
whether supplemental information is available.
NC-400-INFO
NC-400) to the Civil Case Cover Sheet (form CM-010),
your petition, and any other document you file under that
item.
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Requesting a Court Hearing Date and
Obtaining the Order to Show Cause
ou should request a date for the hearing on the Order to
Show Cause For Change of Name at least six weeks after
the date you file the petition. Take the completed form to
the clerk’s office. The clerk will provide the hearing date
and location, obtain the judicial officer’s signature, file the
original, and give you a copy.
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No Requirement to Publish the Order
to Show Cause
n most cases, the Order to Show Cause must be published
in a local newspaper of general circulation. But a petitioner
does not have to publish the order if he or she is a
participant in the address confidentiality program and the
petition alleges that he or she (1) is petitioning to avoid
domestic violence, (2) is petitioning to avoid stalking, or
(3) is, or is filing on behalf of, a victim of sexual assault.
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Court Hearing
f no written objection is filed at least two court days before
the hearing, the court may grant the petition without a
hearing. Check with the court to find out if a hearing will be
held. If there is a hearing, bring copies of all documents to
the hearing. If the judge grants the petition, the judge will
sign the original decree.
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Application to File Documents Under
Seal
f a petitioner in the confidential address program believes
that the protections described above and required by law
that keeping the current and future name confidential are
not sufficient in a particular case, the petitioner may ask the
court to file the petition and related documents under seal.
Documents filed under seal are secured and kept separate
from the public files.
or the court to order that the petition may be filed under
seal, you must show facts to support the following findings
by the court:
. There is an overriding interest that overcomes the right
of public access to the record.
b. That overriding interest supports sealing the name
change documents.
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_____________________________________________________________________________
NC-400-INFO [Rev. January 1, 2019]
Information Sheet for Name Change Proceedings
NC-400-INFO Page 2 of 2
Under Address Confidentiality Program (Safe at Home)
