(a) The circuit court clerk shall promptly serve a copy of the petition on the State's Attorney and the Illinois State Police if the statement provided under subsection (a) of Section 21-102 indicates that the petitioner, or any other person 18 years of age or older who will be subject to a change of name under the petition, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense.
21-102.5.Notice; objection.
Article XXI. Change of Name · Last amended 2024 · Last verified July 20, 2026
In one sentenceRequires the circuit clerk to notify the State's Attorney and State Police when a name-change petitioner has a qualifying criminal record, and gives the State's Attorney 30 days to object in writing on specific grounds.
Full Text of 735 ILCS 5/21-102.5
(b) The State's Attorney may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, shall be served upon the petitioner, and shall state with specificity the basis of the objection. Objections to a petition must be filed within 30 days of the date of service of the petition upon the State's Attorney if the petitioner:
(1) is the defendant in a pending criminal offense charge; or
(2) has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an adult, and has not been pardoned for the conviction.
Plain-English Summary
Section 21-102.5 gives the State's Attorney a formal role in name-change cases that involve a criminal record. If the petitioner's sworn disclosure under Section 21-102 shows an unpardoned felony or misdemeanor conviction, or an arrest with charges pending or not yet filed, the circuit clerk must promptly serve a copy of the petition on both the State's Attorney and the Illinois State Police.
The State's Attorney may then object to the petition, but the objection has rules of its own: it must be in writing, filed with the clerk, served on the petitioner, and specific about its basis. If the petitioner is currently facing a pending criminal charge, or has an unpardoned conviction for identity theft, aggravated identity theft, criminal sexual abuse or exploitation of a minor, or indecent solicitation of a child or adult, the objection must be filed within 30 days of service on the State's Attorney.
Frequently Asked Questions
When does the State's Attorney get notified of a name-change petition?
When the petitioner's sworn disclosure shows an unpardoned felony or misdemeanor conviction, or an arrest with pending or unfiled charges. In that case the circuit clerk must serve a copy of the petition on both the State's Attorney and the Illinois State Police.
How long does the State's Attorney have to object to a name-change petition?
Thirty days from being served, if the petitioner is a defendant in a pending criminal case or has an unpardoned conviction for one of the offenses the section lists, such as identity theft or criminal sexual abuse or exploitation of a minor.
What has to be in the State's Attorney's objection?
It must be in writing, filed with the circuit court clerk, served on the petitioner, and state with specificity the basis for objecting.
Which convictions trigger the 30-day objection deadline?
Identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse of a victim under 18, felony or misdemeanor sexual exploitation of a child, and felony or misdemeanor indecent solicitation of a child or an adult, so long as the petitioner has not been pardoned.
Does the State's Attorney have to object, or is it discretionary?
Objecting is discretionary. The section says the State's Attorney may file an objection; it does not require one even when the deadline and grounds apply.
Amendment History
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103- 605, eff. 7-1-24.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois state's attorney name change objectionnotice of name change petition illinoisobjecting to name change illinois