Does a Fake ID Charge Go on Your Permanent Record?
Using a fake ID might seem like a harmless decision, especially for college students hoping to get into a bar or buy alcohol. But in Arizona, possessing or using a fake identification card is a criminal offense. Whether you're caught at a liquor store with a borrowed ID or presenting a forged document to law enforcement, the legal consequences can be significant.
For first-time offenders, the main concern is whether this kind of charge can follow them for years to come. Will it show up on background checks? Can it affect job or school applications? And most importantly, can the charge be cleared from your record?
This article discusses the following:
- Arizona’s Fake ID Laws Explained
- Common Scenarios Where Fake IDs Are Used
- Do Fake ID Charges Stay on Your Record in Arizona?
- What Are the Criminal Penalties for Fake ID Offenses?
- Long-Term Consequences of a Conviction
- Severe Fake ID Cases: Fraud, Identity Theft, and Federal Charges
- FAQs About Fake ID Charges in Arizona
- Important Things to Remember
- How a Criminal Defense Attorney from Kolsrud Law Offices Can Help
In this article, we'll explain what Arizona law says about fake ID use, what penalties someone might face, how long a fake ID offense can stay on your record, and how Kolsrud Law Offices can help protect your future. We'll also discuss more serious situations, such as using false documents to commit fraud, which can carry felony charges.
Arizona’s Fake ID Laws Explained
Fake ID-related crimes in Arizona fall under several parts of the Arizona Revised Statutes (A.R.S.), depending on how the ID was used:
A.R.S. § 4-241(L): Minor in Possession of a Fake ID
This statute makes it unlawful for anyone under 21 to use or possess a false ID to buy or attempt to buy alcohol. It’s typically charged as a class 1 misdemeanor, the most serious class of misdemeanor under Arizona law.
A.R.S. § 13-2002: Forgery
If someone alters or creates a false government document (including a driver’s license), it can lead to forgery charges, which are classified as class 4 felonies. The charge can escalate if there is intent to defraud.
A.R.S. § 13-2006: Criminal Impersonation
Using someone else’s identification or pretending to be another person to gain a benefit is considered criminal impersonation, a class 6 felony.
Understanding which statute applies depends on the situation. A college freshman trying to get into a bar might face a class 1 misdemeanor, while someone using a fake ID to commit bank fraud could be charged with multiple felonies.
Common Scenarios Where Fake IDs Are Used
Most fake ID cases involve relatively low-level situations, often related to underage drinking:
- Using a sibling's or friend's real ID to enter a bar
- Buying alcohol at a store with a fake driver’s license
- Using a fake ID to avoid a curfew violation or gain entry to an age-restricted venue
In these instances, law enforcement or security staff may confiscate the ID and call local police. If cited or arrested, the individual may be charged under A.R.S. § 4-241(L) and required to appear in court.
Other, more serious situations involve fake IDs used to commit fraud or mislead government officials. For example:
- Using a fake ID to cash checks under another person's name
- Presenting false documents during a traffic stop or arrest
- Submitting a forged ID for employment or immigration purposes
These cases may involve felony charges and carry much heavier penalties.
Do Fake ID Charges Stay on Your Record in Arizona?
Yes, fake ID charges do stay on your criminal record in Arizona unless formally dismissed or sealed.
Arizona does not automatically expunge misdemeanor or felony convictions. However, as of January 1, 2023, eligible individuals may petition to seal their criminal records under A.R.S. § 13-911, which prevents public access to those records.
Even if the charge seems minor, it becomes part of your public criminal history and may appear on background checks conducted by employers, schools, and government agencies.
First-time offenders may be eligible for a diversion program or deferred judgment, which can help avoid a permanent conviction. However, this depends on the facts of the case, the court involved, and the skill of your defense attorney.
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What Are the Criminal Penalties for Fake ID Offenses?
Fake ID penalties vary based on how the ID was used and which statute applies. Here is a breakdown of possible penalties:
| Offense | Statute | Classification | Potential Penalties |
|---|---|---|---|
| Use of Fake ID to Purchase Alcohol (Under 21) | A.R.S. § 4-241(L) | Class 1 Misdemeanor | Up to 6 months in jail, $2,500 fine plus surcharges, probation, alcohol education, and possible license suspension. |
| Forgery (Creating or Altering a Government ID) | A.R.S. § 13-2002 Sentencing per A.R.S. § 13-701 |
Class 4 Felony | Presumptive sentence: 2.5 years in prison Range: 1 to 3.75 years Probation available for first-time, non-dangerous offenders. |
| Criminal Impersonation | A.R.S. § 13-2006 Sentencing per A.R.S. § 13-701 |
Class 6 Felony | Presumptive sentence: 1 year Range: 0.33 to 2 years Probation likely for first-time offenders. |
| Use of Fake ID in Federal Context (e.g., Immigration, Employment) | 18 U.S.C. § 1028 | Federal Felony | Up to 15 years in federal prison depending on the intent and circumstances of the offense (e.g., identity theft, benefit fraud). |
Long-Term Consequences of a Conviction
A fake ID conviction doesn’t just mean fines or probation—it can affect your future in several ways:
- Employment: Many employers run background checks. A conviction, especially for fraud or impersonation, can raise red flags.
- Professional Licensing: People studying to become teachers, nurses, lawyers, or law enforcement officers may face licensing issues if they have a criminal record.
- Immigration: Non-citizens may face immigration consequences, including denial of naturalization, visa issues, or even removal proceedings.
- Education: Some universities impose disciplinary action for students convicted of crimes, including suspension or expulsion.
Even if the offense was a youthful mistake, the consequences can linger. That’s why working with a criminal defense attorney is so important.
Severe Fake ID Cases: Fraud, Identity Theft, and Federal Charges
In some situations, fake ID use goes beyond underage drinking. If the ID is used to commit fraud, identity theft, or to deceive government agencies, the stakes are much higher.
- Forgery (A.R.S. § 13-2002): Altering or creating a fake government ID with intent to defraud is a class 4 felony, punishable by prison time.
- Criminal Impersonation (A.R.S. § 13-2006): Pretending to be someone else for unlawful gain is a class 6 felony.
- Federal Offenses: Using fake government documents can violate federal laws, such as 18 U.S.C. § 1028, involving identity fraud and false identification documents. This can trigger federal charges and prosecution.
For example, using a fake Social Security card or driver’s license to get a job or apply for benefits may bring both state and federal charges. In these cases, immediate legal representation is critical.
FAQs About Fake ID Charges in Arizona
Will a fake ID charge show up on background checks?
Yes, unless the case was dismissed or the record was later sealed.
Is using a sibling's ID a crime?
Yes. Even if it’s a real ID, using someone else’s identification is criminal impersonation.
Can I go to jail for using a fake ID?
Yes. While rare for first-time offenders, jail is a possibility depending on the charge.
Can I get a fake ID charge expunged in Arizona?
Arizona does not offer true expungement but does allow sealing and setting aside certain charges.
Will this ruin my college plans?
Not necessarily, but it could lead to disciplinary actions, and some graduate programs ask about criminal history.
How much does a defense attorney cost?
Costs vary, but hiring an attorney is often less costly than the long-term effects of a conviction. Kolsrud Law Offices offers free consultations to discuss your case.
What should I do if I’m charged with having a fake ID?
Call a criminal defense attorney immediately. Don’t talk to police or prosecutors without legal representation.
Important Things to Remember
- Fake ID charges in Arizona are serious and can result in a criminal record.
- First-time offenders may be eligible for diversion, dismissal, or sealing under new Arizona law.
- Using a fake ID to buy alcohol is a misdemeanor, but using one to commit fraud may lead to felony charges.
- A criminal record can impact job prospects, education, and immigration status.
- You should never assume a fake ID charge will go away on its own.
How a Criminal Defense Attorney from Kolsrud Law Offices Can Help
Attorney Josh Kolsrud and the team at Kolsrud Law Offices have handled over 3,500 criminal cases and taken more than 100 to jury trial. As a former prosecutor in both Maricopa County and the United States Attorney’s Office, Josh brings a unique perspective to every case.
For clients facing fake ID charges, Kolsrud Law Offices works to:
- Seek dismissal or diversion options for eligible first-time offenders
- Minimize long-term damage by negotiating plea deals that avoid convictions
- File motions to seal or set aside records when appropriate
- Defend clients against felony charges when fake ID use is linked to fraud or impersonation
If you or your child has been cited for a fake ID offense, don’t wait. Call Kolsrud Law Offices at (480) 680-9769 or visit https://kolsrudlawoffices.com to schedule a free consultation.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 jury trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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