Name Changes

California Personal Records: Vital Records, Name Changes, IDs

The phrase “personal records” covers the government documents that prove who you are and what has happened in your life: your birth and marriage certificates, your driver’s license or state ID, the court order that changed your name, and the record of a criminal case you want cleared. No single California agency holds all of them. This hub maps each record to the office that issues it, defines the vocabulary those offices use, and points to the statute or self-help resource behind each process.

What personal records cover in California

Most requests fall into a handful of categories. Life-event records document birth, death, marriage, and dissolution of marriage. Identity documents include the driver’s license, the state identification card, and the federally compliant REAL ID. Court records include the order changing a legal name and the order clearing or sealing a criminal case. A separate set of services authenticates documents so they carry legal weight: notarization for use inside the United States and an apostille for use abroad.

Two features cut across all of these. First, you almost always request a record from the office that created it, not from a central archive. Second, the rules for who may obtain a record, what it costs, and how long it takes are set by statute and vary by record type. A birth certificate and a criminal-record dismissal are governed by entirely different codes and offices, even though both are “your records.”

This hub does not walk through any single request end to end. Each procedure has its own dedicated article; the sections below explain the framework so you can find the right one.

Key offices and terms

Four offices handle the bulk of California personal records.

The county recorder (often combined with the county clerk) registers and issues local copies of birth, death, and marriage certificates for events that occurred in that county. The California Department of Public Health (CDPH) issues the same certificates at the state level and is the source for older or out-of-county records. The superior court in each county hears petitions for a legal name change and for criminal-record relief. The Secretary of State commissions notaries public and issues apostilles and authentications.

A few terms recur throughout these processes. An authorized certified copy is a full certified copy of a birth, death, or marriage record that, under Cal. Health & Safety Code § 103526, only specified people may obtain, such as the person named on the record, a parent, or a legal guardian. An informational copy contains the same data but is marked “not a valid document to establish identity” and may be requested by anyone. A petitioner is the person who files a request with the court. An apostille is a certificate that authenticates a public document for use in another country that belongs to the Hague Apostille Convention.

Birth, death, marriage, and divorce certificates

Birth, death, and marriage certificates are the most-requested category of California personal records. The two-copy distinction matters most here. Because Cal. Health & Safety Code § 103526 limits authorized certified copies to close relatives and certain officials, a request from someone outside that list is filled with an informational copy instead. A certified copy is what agencies accept to prove identity, claim benefits, or settle an estate; an informational copy is not.

Where you send the request depends on the record and its age. Recent birth, death, and marriage certificates for an event in a given county are available from that county’s recorder. CDPH holds statewide copies and is generally the office for confidential marriage records and for records that predate a county’s electronic files. Divorce records work differently: the superior court that granted the dissolution keeps the case file and the judgment, while CDPH can only confirm that a dissolution occurred and when. Fees and processing times are fixed by statute and change periodically, so each is confirmed on the issuing office’s current fee schedule rather than quoted from memory.

IDs, REAL ID, and DMV documents

California identity documents are issued by the Department of Motor Vehicles: the standard driver’s license, the non-driver identification card, and the REAL ID version of each. A REAL ID is a federally compliant card marked with a star in the corner. Federal REAL ID enforcement is now in effect, so a standard license is no longer accepted on its own to board a domestic flight or enter certain secure federal facilities. A valid passport remains an accepted alternative.

Obtaining a REAL ID requires documents that themselves come from other record systems: a certified birth certificate or passport to prove identity, plus documents proving a California address and a Social Security number. This is why obtaining a birth certificate often comes first in the sequence. Vehicle records are a separate DMV function. Transferring ownership of a vehicle requires the seller to endorse the title and notify the DMV of the transfer under Cal. Vehicle Code § 5600, and a lost title is replaced through a duplicate-title application rather than a new record.

Changing your legal name

An adult in California changes a legal name through a petition to the superior court, a process set out in the Code of Civil Procedure. The petitioner files a petition stating the present name, the proposed name, and the reason, as described in Cal. Code Civ. Proc. § 1276. The court then issues an order to show cause under Cal. Code Civ. Proc. § 1277, which sets the conditions the court reviews before granting the change. The California courts publish the current forms and step-by-step instructions on their name change self-help pages.

A separate track exists for a name change tied to marriage or divorce, which can often be recorded without a court petition, and for a name change that forms part of a gender-marker change, which follows its own confidential procedure. The signed court order is the document other agencies rely on. After it issues, the new name is carried onto the driver’s license, Social Security record, and passport through each of those agencies separately.

Clearing or sealing a criminal record

California offers several forms of criminal-record relief, and they are not interchangeable. The most common is a dismissal under Cal. Penal Code § 1203.4, often called expungement, which allows a person who completed probation to withdraw a plea and have the case dismissed. A dismissal reflects the completion of the sentence; it does not erase the arrest from every database, and certain consequences continue to apply.

Other tracks address different situations: sealing an arrest that did not lead to a conviction, and the automatic relief that now clears many eligible records without a petition. Because eligibility turns on the specific offense, the sentence, and the time elapsed, the superior court that handled the original case is the starting point, and the relevant forms are filed with that court.

Notarization and apostilles

Two authentication services round out the personal-records picture, and both run through the Secretary of State. Notaries public are appointed and commissioned by the Secretary of State under Cal. Government Code § 8200. A notary verifies the identity of a signer and witnesses a signature; the notarial act does not vouch for the truth of the document’s contents.

When a California document must be used in another country, it often needs an apostille or authentication from the Secretary of State. An apostille certifies that a public official’s signature, such as a notary’s or a county clerk’s, is genuine, so that a foreign authority in a Hague Convention country will accept the document. The Secretary of State’s notary and apostille resources explain which documents qualify and how each request is submitted. Documents destined for a country outside the Hague Convention follow a different chain of authentication involving that country’s consulate.

Specific procedures and topics

Specific procedures and topics

Frequently asked questions

What is the difference between an authorized and an informational copy of a birth certificate?

Both contain the same recorded information. An authorized certified copy can be used to establish identity and is available only to the people listed in Cal. Health & Safety Code § 103526, such as the person named on the record, a parent, or a legal guardian. An informational copy is marked as not valid to establish identity and may be requested by anyone.

Do I need a court order to change my name after marriage?

Not usually. A name change that adopts a spouse’s surname or a combination of the two can generally be recorded through the marriage record and then carried onto other documents. A court petition under Cal. Code Civ. Proc. § 1276 is the route for a name change not tied to marriage or divorce.

Where are California divorce records kept?

The superior court that granted the dissolution keeps the case file and the judgment, so divorce records are requested from that court. The state health department can confirm that a dissolution occurred and the date, but does not hold the full case file.

Does an expungement erase a criminal record entirely?

No. A dismissal under Cal. Penal Code § 1203.4 allows a person who completed probation to withdraw the plea and have the case dismissed, but it does not remove the arrest from every database, and some consequences continue. Other relief, such as sealing an arrest record, addresses different situations.

Who issues an apostille for a California document?

The California Secretary of State issues apostilles and authentications for documents used abroad. An apostille certifies that the signature of a notary or public official on the document is genuine, so that a Hague Convention country will accept it. The Secretary of State’s notary and apostille resources explain which documents qualify.

Sources

See also: REAL ID vs a regular ID in California.
Not legal advice. Statuteworks publishes procedural reference guides intended to help you understand how legal processes work. Laws and procedures change. For advice about your specific situation, consult a licensed attorney in your state. Read our editorial process →