Name Changes

Texas Personal Records: Name Changes, IDs, and Certificates

Texas does not keep personal records in a single place. A resident who changes a name, replaces a lost birth certificate, updates a driver license, or asks a court to clear an old arrest is dealing with a different office and a different statute each time. This hub maps those records, explains the vocabulary the individual procedures assume, and links to the controlling law for each one.

What “personal records” covers in Texas

“Personal records” here means the government-issued documents that establish who a person is and what their legal status is: name, birth and death records, state identification, vehicle ownership, notarized signatures, and criminal history. Each record sits with a specific certifying authority, and each authority accepts only certain proof before it will change what it holds.

Two terms recur across every procedure. A certified copy is an official copy issued by the record’s custodian with a seal or authentication, accepted where a plain photocopy is refused. A court order is a signed decision from a judge, such as an order changing a name or expunging an arrest, that other agencies treat as controlling. The practical pattern in Texas is that one primary document, typically a court order or a certified birth certificate, is obtained first and then presented to each downstream office.

No single Texas agency updates every record at once. A name change ordered by a court does not by itself change the name on a Social Security card, a passport, a car title, or a voter registration; each of those is a separate request to a separate authority, made in whatever order the resident chooses. Because the records depend on one another, the sequence usually starts with the primary legal document and works outward: obtain the court order or certified certificate, then use certified copies of it to update state identification, then federal records, then financial and employment records that are not government-issued but rely on the same proof.

Legal name changes

An adult name change in Texas is a civil court case, not an administrative form. Under Tex. Fam. Code § 45.101, an adult files a petition to change a name in the county where the adult lives. The petition must be verified and, under Tex. Fam. Code § 45.102, include a complete set of fingerprints on a card acceptable to the Department of Public Safety and the FBI, along with the petitioner’s date of birth, driver license number, and Social Security number. The fingerprint and background requirement is what makes an adult name change more involved than many people expect; it exists so the court can confirm the change is not being used to escape a criminal history or an obligation.

The court’s authority to grant the change is set by Tex. Fam. Code § 45.103. For a petitioner with no felony conviction and no sex-offender registration duty, the court orders the change if it is in the petitioner’s interest and the public’s interest. A petitioner with a final felony conviction faces an added condition: the change may be ordered only after a pardon, or after a certificate of discharge or completion of community supervision followed by a two-year wait. A petitioner subject to sex-offender registration must show the court that the appropriate law enforcement authority has been notified of the proposed name.

Once a judge signs the order, the resident applies to the clerk of the court for certified copies. A person whose name changed through a divorce or a §45.105 name-change certificate can also obtain a change-of-name certificate under Tex. Fam. Code § 45.106, a one-page document that records the old and new names and carries a $10 fee.

A court order changing a name is the starting document, not the finish line. Federal records update separately. The Social Security Administration replaces a card in a new name after the change is documented, and a replacement card arrives by mail within about 5 to 10 business days. A U.S. passport is updated through the State Department; when the name changed less than a year after the passport was issued, the passport correction uses Form DS-5504 at no fee, while a later change follows the standard renewal process.

Vital records: birth, death, and marriage certificates

Birth and death certificates are the foundation records that most other documents rely on. Birth records in Texas are governed by Tex. Health & Safety Code ch. 192, which sets what a birth record contains and how it is registered and amended. Certified copies are issued by the state vital records office and by many county and local registrars, and access to a certified birth certificate is restricted to the person named, immediate family, and legal representatives, because the certificate is a primary proof of identity.

Amending a birth record, such as correcting a misspelling or adding a parent, is a separate process from a name change. A court order changing an adult’s name does not rewrite the birth certificate, which continues to show the name recorded at birth unless it is separately amended under the vital-records rules in Chapter 192.

Death certificates are held by the same state vital records system and are the record an estate, insurer, or court relies on to confirm a death. Access to a certified death certificate is likewise restricted for a period after the death, then opens to the public. Marriage records work through a different office: a Texas county clerk issues the marriage license and records the marriage, and certified copies of a marriage certificate come from the county where the license was issued. A divorce decree, by contrast, is a court record obtained from the district clerk of the court that granted the divorce. Because these records are spread across the state office, county clerks, and district clerks, identifying which office holds a given record is the first practical step.

Driver licenses, ID cards, and REAL ID

The Texas Department of Public Safety issues driver licenses and state ID cards. An ID card serves residents who do not drive but still need state-issued photo identification; the application evidence is similar to a license. A license or ID reflects a name change only after the holder presents the underlying proof, usually the certified court order, divorce decree, or marriage record that documents the new name, together with the department’s standard identity documents.

REAL ID is a federal identification standard, not a separate Texas card. Since May 7, 2025, federal agencies enforce REAL ID requirements for boarding domestic commercial flights and entering certain federal facilities. A Texas driver license or ID that meets the standard carries a star marking; one without the marking is not accepted at airport security for domestic flights, though a U.S. passport or other federally accepted document still works. Establishing a REAL ID-compliant card requires proof of identity, proof of a Social Security number, and proof of Texas residency, which is why a name change is worked through before the license is upgraded rather than after.

Vehicle titles and registration

A vehicle’s certificate of title is the record of who owns it, governed by the Certificate of Title Act, Tex. Transp. Code ch. 501. Title and registration are two different records: the title shows ownership, and the registration authorizes the vehicle to operate on public roads and renews annually. When a vehicle is sold or given away, the buyer applies for a new title in their name; Texas law directs the buyer to apply within 30 days of the sale, after which a late penalty accrues, under Chapter 501.

A name change affects a title the same way it affects other records: the owner presents the court order or marriage or divorce record to update the name on the title and registration. Title work in Texas is processed through the county tax assessor-collector’s office, which acts as the local agent for the state’s motor vehicle agency, so the paperwork is filed at the county level even though the title itself is a state record.

Notarizing and authenticating documents

Many record changes require a notarized signature. A Texas notary public is commissioned by the Secretary of State under Tex. Gov. Code ch. 406. To qualify, an applicant must be a Texas resident, be at least 18 years old, and have no felony conviction or conviction for a crime involving moral turpitude, per the Secretary of State’s notary requirements.

A notarization confirms the identity of the signer and that the signature was made willingly; it does not verify that the contents of a document are true or legal. A traditional notary verifies identity and witnesses a signature in person, while Texas also commissions online notaries who perform the same function over audio-video technology. For a Texas document to be recognized in another country, the Secretary of State issues an apostille or authentication certificate, which confirms that the notary or official who signed the document held a valid commission at the time. This authentication step is common for records used abroad, such as a birth certificate or a power of attorney presented to a foreign government.

Clearing a criminal record: expunction and nondisclosure

Texas offers two distinct remedies for an old criminal record, and they are not interchangeable. An expunction destroys the records of an arrest or charge, allowing the person to deny it in most contexts. Eligibility and procedure are set by Tex. Code Crim. Proc. ch. 55A, the expunction chapter that took effect January 1, 2025 as a recodification of the former Chapter 55. Expunction generally reaches arrests that did not lead to conviction, such as dismissals, acquittals, and certain cases that never resulted in a charge, and it is requested by filing a petition in the district court.

An order of nondisclosure is narrower. It does not destroy the record; it seals the record from public disclosure while leaving it available to law enforcement and certain licensing agencies. Nondisclosure is governed by Subchapter E-1 of Tex. Gov. Code ch. 411. It is generally available for some cases that ended in deferred adjudication and other outcomes that do not qualify for expunction. Both remedies are court proceedings, and both turn on the specific offense and the way the case ended.

Specific procedures and topics

Specific procedures and topics

Additional procedures in this area will be linked here as they are published.

Frequently asked questions

Does a Texas name change automatically update my Social Security card and driver license?

No. A court order changing a name controls, but each agency updates its own record on request. The Social Security Administration issues a replacement card in the new name, and the Department of Public Safety updates a driver license when the holder presents the order. A vehicle title, passport, and voter registration are each separate updates made to separate offices.

What is the difference between an expunction and an order of nondisclosure?

An expunction under Tex. Code Crim. Proc. ch. 55A destroys the record of an arrest or charge. An order of nondisclosure under Tex. Gov. Code ch. 411 seals the record from public view but keeps it available to law enforcement and some agencies. Expunction generally applies to cases without a conviction; nondisclosure often applies to certain deferred-adjudication cases.

Do I need a lawyer to change my name or clear a record in Texas?

Neither procedure requires an attorney by statute, but both are court cases with specific pleading and eligibility rules. An adult name change under Tex. Fam. Code ch. 45 requires fingerprints and a verified petition, and expunction eligibility turns on the details of the case. County law libraries and court self-help resources publish forms for the more routine filings.

Will changing my name change my birth certificate?

No. A birth certificate records the name given at birth and is governed by Tex. Health & Safety Code ch. 192. A later name change is reflected in a court order, not on the original birth record, unless the birth record is separately amended under the vital-records rules.

Is a REAL ID a different card from my Texas driver license?

No. REAL ID is a federal standard a Texas license or ID can meet, marked with a star. Since May 7, 2025, a card without the marking is not accepted for boarding domestic flights, though a U.S. passport still works. Meeting the standard requires proof of identity, a Social Security number, and Texas residency.

Sources

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 →