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The California NC 410 form plays a crucial role in protecting the privacy of individuals undergoing name changes, particularly those participating in the Address Confidentiality Program (Safe at Home). This form is designed for petitioners who may be facing domestic violence, stalking, or are victims of sexual assault, allowing them to file their documents under seal to ensure their safety and confidentiality. The process begins with the petitioner completing this application, which must be filed in the superior court of the county where they reside. Alongside the NC 410, it is essential to submit a Declaration in Support of Application to File Documents Under Seal, using form NC-420. This declaration outlines the reasons for seeking confidentiality and details the specific documents that will be filed under seal, such as the Petition for Change of Name and the Order to Show Cause. By lodging these documents in a sealed envelope with the court, petitioners can safeguard their sensitive information while navigating the legal system. Understanding the requirements and implications of the NC 410 form is vital for anyone seeking to change their name under these protective measures.

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CONFIDENTIAL

NC-410

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

TELEPHONE NO.:

FAX NO. (Optional):

 

E-MAIL ADDRESS (Optional):

 

 

ATTORNEY FOR (Name):

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

STREET ADDRESS:

 

 

MAILING ADDRESS:

 

 

CITY AND ZIP CODE:

 

 

BRANCH NAME:

 

 

 

 

 

PETITION OF (Name of each petitioner):

 

 

 

 

APPLICATION TO FILE DOCUMENTS UNDER SEAL

CASE NUMBER:

IN NAME CHANGE PROCEEDING UNDER

 

ADDRESS CONFIDENTIALITY PROGRAM (SAFE AT HOME)

 

 

 

 

 

 

 

Before you complete this petition, you should read the Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home) (form NC-400-INFO). You must file 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) with this application. You must file this application and the petition in the superior court of the county where the person whose name is to be changed resides.

1. Petitioner (name):is a participant in the Secretary of State's address confidentiality program under Government Code sections 6205–6211 and is alleging one of the following as a reason for the name change: (1) seeking to avoid domestic violence, (2) seeking to avoid stalking, or (3) is, or is filing on behalf of, a victim of sexual assault.

2. Petitioner requests that the court file the following documents under seal:

a.

b.

c.

d.

e.

f.

g.

h.

i.

Petition for Change of Name (form NC-100)

Attachment to Petition for Change of Name (form NC-110)

Order to Show Cause for Change of Name (form NC-120)

Decree Changing Name (form NC-130)

Civil Case Cover Sheet (form CM-010)

Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-410)

Declaration in Support of Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-420)

Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-425)

Other (specify):

3.The facts that support this petition to file the documents checked above under seal are stated in the Declaration in Support of Application to File Documents Under Seal In Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-420).

4.Petitioner has completed each of the documents checked above, placed them in a sealed envelope, and is lodging the envelope with the court along with this application.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF ATTORNEY OR PETITIONER WITHOUT ATTORNEY)

 

 

 

Page 1 of 1

Form Adopted for Mandatory Use

APPLICATION TO FILE DOCUMENTS UNDER SEAL

Code of Civil Procedure, § 1277;

Judicial Council of California

California Rules of Court, rule 2.577

 

IN NAME CHANGE PROCEEDING UNDER

NC-410 [New January 1, 2010]

 

www.courtinfo.ca.gov

ADDRESS CONFIDENTIALITY PROGRAM (SAFE AT HOME)

Form Specifications

Fact Name Details
Form Title California NC 410 is the Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home).
Governing Laws This form is governed by the California Code of Civil Procedure, § 1277, and the California Rules of Court, rule 2.577.
Purpose The NC 410 form is designed for petitioners who wish to keep their name change documents confidential due to safety concerns.
Eligibility Petitioners must be participants in the Secretary of State's address confidentiality program and may cite reasons such as domestic violence, stalking, or sexual assault.
Required Supporting Documents Along with the NC 410, petitioners must file the Declaration in Support of Application to File Documents Under Seal (form NC-420).
Filing Location The application and petition must be filed in the superior court of the county where the petitioner resides.
Document Sealing Petitioners request that specific documents related to their name change be filed under seal for confidentiality.
Form Adoption Date The NC 410 form was adopted for mandatory use on January 1, 2010.

California Nc 410: Usage Guidelines

Filling out the California NC-410 form is an important step in the name change process under the Address Confidentiality Program (Safe at Home). This form allows you to request that specific documents be filed under seal to protect your privacy. Follow the steps below to complete the form accurately.

  1. Provide Your Information: Fill in your name, State Bar number (if applicable), address, telephone number, fax number (optional), and email address (optional). If you have an attorney, include their information as well.
  2. Superior Court Information: Enter the street address, mailing address, city, and zip code of the Superior Court in the county where the person whose name is being changed resides.
  3. Petitioner's Name: Clearly state the name of each petitioner involved in the application.
  4. Reason for Name Change: Indicate that the petitioner is a participant in the Secretary of State's address confidentiality program and select one of the following reasons for the name change:
    • Seeking to avoid domestic violence
    • Seeking to avoid stalking
    • Is a victim of sexual assault or filing on behalf of a victim
  5. Documents to be Filed Under Seal: List the documents you want to file under seal. Include the following:
    • Petition for Change of Name (form NC-100)
    • Attachment to Petition for Change of Name (form NC-110)
    • Order to Show Cause for Change of Name (form NC-120)
    • Decree Changing Name (form NC-130)
    • Civil Case Cover Sheet (form CM-010)
    • Application to File Documents Under Seal (form NC-410)
    • Declaration in Support of Application to File Documents Under Seal (form NC-420)
    • Order on Application to File Documents Under Seal (form NC-425)
    • Other (specify):
  6. Supporting Facts: State the facts that support your petition to file the documents under seal. This information should be included in the Declaration in Support of Application to File Documents Under Seal (form NC-420).
  7. Document Preparation: Ensure that you have completed each of the documents listed above. Place them in a sealed envelope and prepare to lodge this envelope with the court along with the NC-410 application.
  8. Date and Signature: Finally, type or print your name, and sign the form as the attorney or petitioner without an attorney.

Once you have completed the NC-410 form, gather all necessary documents and submit them to the court. This will help ensure that your name change request is handled appropriately and confidentially.

Your Questions, Answered

What is the purpose of the California NC-410 form?

The California NC-410 form is an application to file documents under seal in name change proceedings, specifically for participants in the Address Confidentiality Program (Safe at Home). This form helps protect the privacy of individuals seeking a name change due to safety concerns, such as domestic violence, stalking, or sexual assault.

Who can use the NC-410 form?

Individuals who are participants in the Secretary of State's Address Confidentiality Program can use the NC-410 form. This includes those who are seeking to change their name to avoid threats to their safety. Eligibility requires meeting specific criteria related to domestic violence, stalking, or being a victim of sexual assault.

What documents must accompany the NC-410 form?

When submitting the NC-410 form, you must also file a Declaration in Support of Application to File Documents Under Seal (form NC-420). Additionally, you need to include the Petition for Change of Name (form NC-100) and any other related documents you wish to file under seal.

Where should the NC-410 form be filed?

The NC-410 form must be filed in the superior court of the county where the individual whose name is being changed resides. Ensure you check the specific court requirements and procedures for filing.

What happens after submitting the NC-410 form?

Once the NC-410 form is submitted, the court will review your application. If approved, the documents specified in your application will be filed under seal, meaning they will not be publicly accessible. This helps protect your privacy throughout the name change process.

Is there a fee associated with filing the NC-410 form?

Filing fees may apply when submitting the NC-410 form, along with any accompanying documents. It's advisable to check with the specific court for the current fee schedule and any potential fee waivers available for those in the Address Confidentiality Program.

Can I file the NC-410 form without an attorney?

Yes, you can file the NC-410 form without an attorney. However, it is recommended to seek legal advice to ensure that all requirements are met and to help navigate the process effectively, especially given the sensitive nature of the circumstances.

What information is required on the NC-410 form?

The NC-410 form requires basic information such as the petitioner's name, contact details, and the reason for the name change. You will also need to specify which documents you wish to file under seal and provide supporting facts in the accompanying declaration.

How long does it take to process the NC-410 application?

The processing time for the NC-410 application can vary by court. Typically, it may take several weeks to receive a decision. It's important to follow up with the court if you have not received a response within a reasonable timeframe.

What should I do if my NC-410 application is denied?

If your NC-410 application is denied, you may have the option to appeal the decision or refile with additional supporting information. Consulting with an attorney can provide guidance on the best course of action in such cases.

Common mistakes

  1. Neglecting to read the information sheet: Before starting the application, it is crucial to review the Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home) (form NC-400-INFO). Skipping this step can lead to misunderstandings about the process and requirements.

  2. Incomplete petitioner information: Ensure that all required details about the petitioner, including name and participation in the address confidentiality program, are fully provided. Missing information can delay the application process.

  3. Forgetting to file the necessary declarations: Along with the NC-410 form, a Declaration in Support of Application to File Documents Under Seal (form NC-420) must also be submitted. Failing to include this declaration will result in an incomplete application.

  4. Incorrectly identifying the court: The application must be filed in the superior court of the county where the petitioner resides. Filing in the wrong court can lead to automatic rejection of the application.

  5. Not sealing documents properly: Petitioner must complete and place all relevant documents in a sealed envelope before lodging them with the court. Neglecting this step can cause significant issues with confidentiality.

  6. Omitting supporting facts: The petition must include facts that justify the request to file documents under seal. If these facts are not clearly stated in the declaration, the court may deny the application.

  7. Failing to sign the form: A common mistake is submitting the NC-410 form without the required signature of the petitioner or their attorney. Remember, a signature validates the application.

  8. Missing deadlines: Each step in the name change process has specific deadlines. Delaying the submission of the application can lead to complications or the need to restart the process.

Documents used along the form

The California NC-410 form is part of the process for individuals seeking to change their name while maintaining confidentiality for safety reasons. Along with this form, several other documents are typically required to ensure the application is complete and meets the court's standards. Below is a list of these essential forms and a brief description of each.

  • Petition for Change of Name (form NC-100): This form initiates the name change process, outlining the petitioner’s request and the reasons for the name change.
  • Attachment to Petition for Change of Name (form NC-110): This form provides additional details or supporting information relevant to the name change petition.
  • Order to Show Cause for Change of Name (form NC-120): This document notifies interested parties of the petition and sets a date for a court hearing regarding the name change.
  • Decree Changing Name (form NC-130): If the court approves the name change, this form serves as the official order that legally changes the petitioner’s name.
  • Civil Case Cover Sheet (form CM-010): This form helps the court manage cases by providing basic information about the case, including the nature of the action and parties involved.
  • Declaration in Support of Application to File Documents Under Seal (form NC-420): This declaration supports the request to keep certain documents confidential, explaining the necessity for sealing.

Each of these forms plays a critical role in the name change process under the Address Confidentiality Program in California. Properly completing and submitting these documents helps protect the petitioner's safety while ensuring compliance with legal requirements.

Similar forms

The California NC-410 form is part of a process that helps individuals change their names while keeping their personal information confidential. Several other documents serve similar purposes in legal proceedings. Here’s a list of five documents that share similarities with the NC-410 form:

  • Petition for Change of Name (form NC-100): This form initiates the name change process, outlining the petitioner’s request and the reasons behind it. Like the NC-410, it is essential for those seeking to change their names for safety reasons.
  • Attachment to Petition for Change of Name (form NC-110): This document provides additional information supporting the name change request. It complements the NC-410 by detailing the circumstances that warrant confidentiality.
  • Order to Show Cause for Change of Name (form NC-120): This form notifies interested parties about the name change request and the court hearing. Similar to the NC-410, it is crucial for ensuring that the process is transparent while maintaining privacy where needed.
  • Decree Changing Name (form NC-130): Once the court approves the name change, this document serves as the official order. It aligns with the NC-410 in that it finalizes the request while safeguarding the petitioner's information.
  • Declaration in Support of Application to File Documents Under Seal (form NC-420): This declaration is required to justify the request to keep documents confidential. It directly supports the NC-410 by providing the necessary context for why certain documents should be sealed.

Each of these forms plays a vital role in the name change process, ensuring that the petitioner’s rights and safety are prioritized while following legal procedures.

Dos and Don'ts

When filling out the California NC-410 form, it is important to follow specific guidelines to ensure the application is completed correctly. Below is a list of things to do and not to do during this process.

  • Do read the Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home) before starting.
  • Do ensure that the petitioner is a participant in the address confidentiality program.
  • Do provide accurate contact information for the attorney or petitioner, including name, address, and phone number.
  • Do complete all required documents listed in the NC-410 form.
  • Do file the application and petition in the correct superior court based on the petitioner’s residence.
  • Don't forget to file the Declaration in Support of Application to File Documents Under Seal (form NC-420) along with the application.
  • Don't leave any sections of the form blank; ensure all necessary fields are filled out.
  • Don't submit the application without placing the required documents in a sealed envelope.

Misconceptions

Understanding the California NC 410 form is essential for anyone considering a name change under the Address Confidentiality Program. However, several misconceptions often arise regarding this form and its use. Here are seven common misconceptions:

  • The NC 410 form is only for victims of domestic violence. While many participants may be victims of domestic violence, the form is also available for individuals seeking to avoid stalking or those filing on behalf of a victim of sexual assault.
  • You don’t need to file any other forms with the NC 410. In fact, you must also submit a Declaration in Support of Application to File Documents Under Seal (form NC-420) along with the NC 410 form to support your request.
  • All documents related to the name change can be filed under seal. Only specific documents, such as the Petition for Change of Name and related forms, can be filed under seal. It’s important to identify which documents you wish to protect.
  • Filing the NC 410 guarantees that your name change will be approved. The form is a request to file documents under seal, but approval is at the discretion of the court. Your petition must still meet the necessary legal criteria.
  • The process is the same in every county in California. Procedures may vary slightly from one county to another. Always check local rules and requirements for filing in your specific county.
  • You can file the NC 410 form without legal assistance. While it is possible to file without an attorney, legal guidance can help ensure that all necessary documents are correctly completed and submitted.
  • Your information will remain completely confidential. While the NC 410 allows for certain documents to be sealed, some information may still be accessible in court records unless all precautions are taken.

By addressing these misconceptions, individuals can better navigate the name change process and understand the significance of the NC 410 form within the Address Confidentiality Program.

Key takeaways

When filling out and using the California NC-410 form, consider the following key takeaways:

  • The NC-410 form is specifically for applications to file documents under seal in name change proceedings.
  • Participants in the Secretary of State's address confidentiality program must complete this form.
  • Reasons for requesting a name change may include seeking to avoid domestic violence, stalking, or being a victim of sexual assault.
  • Before completing the NC-410, review the Information Sheet for Name Change Proceedings Under Address Confidentiality Program (form NC-400-INFO).
  • A Declaration in Support of Application to File Documents Under Seal (form NC-420) must be filed alongside the NC-410 form.
  • All documents to be filed under seal must be placed in a sealed envelope and submitted to the court.
  • The application and petition must be filed in the superior court of the county where the individual whose name is changing resides.
  • Ensure that all required documents, such as the Petition for Change of Name (form NC-100), are completed before submission.
  • Provide accurate contact information, including name, address, and optional email or fax, on the form for court communication.