Adult Legal Name Change Requirements in Arkansas
At a glance
| Governing law and court | Ark. Code §§ 9-2-101 to -102; circuit court with jurisdiction over the petitioner. Section 9-2-101 does not assign a named division or county |
|---|---|
| Who may petition and residency | Any person within the court's jurisdiction may apply; no adult minimum-residence period or fixed county-venue formula appears in § 9-2-101 |
| Petition contents and oath | Verified written petition embodying the reasons. The statute gives no additional statewide petition checklist; prior name, birth date, court-selected identifier, and new name are required in the order (§ 9-2-101(b)-(c)) |
| Criminal background check | No applicant-supplied fingerprints, criminal-history report, registry check, or conviction disclosure in § 9-2-101. After an order, the clerk sends the unredacted order to the Arkansas Crime Information Center |
| Publication or notice | No statewide newspaper publication, posting, prosecutor notice, service, waiting period, or objection procedure in § 9-2-101; confirm any local court procedure |
| Safety, confidentiality, and special tracks | All filers redact confidential information; clerk redacts identifiers except old and new names. Court must seal the file on clear and convincing evidence the petitioner would otherwise be endangered. No separate gender-identity track (§ 9-2-101(c)(2)-(3)) |
| Hearing and grant standard | No mandatory hearing or waiting period; judge may act in vacation. Grant requires good reasons and a determination that cause has been shown (§ 9-2-101(a), (c)) |
| Grounds for denial or restriction | No express felony, incarceration, supervision, registry, debt, or fraud category bar in §§ 9-2-101 to -102; petitioner must show good reasons/cause. Division of Correction records keep the committed name (§ 9-2-102) |
| Fee and post-order effect | Current Greene County schedule: $165 to open a circuit case; exact local amount should be confirmed. Arkansas Judiciary provides an in-forma-pauperis affidavit. Clerk sends the unredacted order to ACIC and Driver Control, and to Vital Records on request; caption is indexed under both names (§§ 9-2-101(c), 9-2-102) |
Requirements one by one
Keep the petition's statutory checklist narrow
Arkansas's current § 9-2-101(b) requires a verified written petition that embodies the reasons for the request. It does not prescribe a longer statewide petition checklist. In particular, the section does not require the adult to attach fingerprints or a background report or to disclose every conviction, registry status, pending charge, creditor, or interested person.
The 2023 amendment places a different checklist in the order. If the court finds cause, the order reflects the prior name, birth date, new name, and any identifying information the court deems appropriate, including a Social Security or driver's-license number. Those order fields should not be converted into a claim that every item must appear publicly in the petition.
Redact identifiers and request safety sealing before filing publicly
Act 331 added two layers of privacy. First, the petitioner must omit or redact confidential information under the Supreme Court's administrative orders, and electronic filings must be redacted before submission. The clerk must also keep identifying information redacted except for the old and new names.
Second, § 9-2-101(c)(3)(C) requires the court to seal the court file when the petitioner presents clear and convincing evidence that the petitioner would otherwise be endangered. The statute creates no separate gender-identity track; the danger-based sealing standard is the express special procedure.
A hearing is possible but not required statewide
The statute gives the circuit court power to act upon good reasons shown and requires the court to determine that cause has been shown. It sets no statewide hearing, publication, waiting, or objection period. It also says the order may be made by a circuit judge "in vacation," meaning outside a regular court term.
That permits a papers-only route but does not guarantee one. A local judge may require testimony, additional proof, or a scheduled appearance. Confirm the local procedure with the circuit clerk before filing.
Track what happens after the order
The clerk sends the unredacted order to the Arkansas Crime Information Center and Arkansas Driver Control, and to the Division of Vital Records if the petitioner requests it. The clerk also modifies the caption when needed and indexes the case under both the old and new names.
Under § 9-2-102, the person is afterward known by the new name and may sue or be sued under it. The statute preserves one recordkeeping exception: Division of Correction records continue to show the name under which the person entered the division's jurisdiction and supervision.
The current Greene County clerk schedule lists $165 to open a circuit-court case. Exact fees and payment methods should be confirmed with the filing clerk. Arkansas Judiciary publishes a sworn financial affidavit for a person asking to proceed without prepaying fees or costs.
What trips people up
- The order checklist is not a petition checklist. Act 331 requires the signed order to reflect specific identity information; the petition statute itself requires verification and reasons.
- Ordinary redaction leaves both names visible. The clerk redacts other identifying information but indexes the case under the old and new names. A person facing danger needs the separate sealing finding before assuming the file will be confidential.
- No statewide publication rule does not erase local procedure. Section 9-2-101 contains no newspaper or service requirement, but the clerk or judge may require local forms, proof, or an appearance.
Common questions
Can the judge sign the order outside a regular court term?
Yes. Section 9-2-101 allows the order to be made by a circuit judge in vacation with the same force as an order made during the court term.
Will Division of Correction records replace the committed name?
Not under § 9-2-102. Those records continue to reflect the name under which the person was committed to the division's jurisdiction and supervision.
Statutes and sources
- Ark. Code § 9-2-101. Circuit-court authority, verified petition, good- reasons standard, order contents, redaction, agency transmission, dual-name indexing, and danger-based sealing. Official 2023 Act 331 (accessed July 26, 2026).
- Ark. Code § 9-2-102. Legal use of the new name and the Division of Correction record exception. Official-code release text (accessed July 26, 2026; unchanged section bridged through the later-act sweep).
- Greene County Circuit Clerk. Current new-case fee and confirmation that name changes are civil-division filings. Official county page (accessed July 26, 2026).
- Arkansas Judiciary. Sworn affidavit for requesting to proceed without prepaying fees or costs. Official IFP affidavit (accessed July 26, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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