What Happens If You’re Caught With a Fake ID in Pennsylvania?

Whether you're a college student caught at a bar in Philadelphia or a young adult trying to buy alcohol with someone else’s ID, here’s what you need to know about fake ID charges—and how a criminal defense attorney can help protect your future.

What Counts as a Fake ID in Pennsylvania?

Under 18 Pa. C.S. § 6310.3, a fake ID is any form of identification that is:

• Falsely made or altered (changing name, birthdate, or photo)

• Not issued to you (using someone else’s real ID)

• Obtained through false information (lying on a license application)

Common examples include:

• Using a friend’s real driver’s license

• Altering your birthdate on your student ID

• Buying a fake license online

• Borrowing an older sibling’s ID to get into a bar

Even possessing a fake ID, even if you didn’t use it yet, can result in criminal charges.

What Are the Charges and Penalties for Fake ID Use?

There are several potential charges a person might face:

🔹 Possession of a False ID – 18 Pa. C.S. § 6310.3

• Applies if you're under 21 and use or possess a fake ID to buy or attempt to buy alcohol

• Summary offense

• Penalties:

  • Up to 90 days in jail

  • Fine up to $300 for first offense, $500 for subsequent offenses

  • 90-day driver’s license suspension, even for a first offense

🔹 Carrying a False ID – 18 Pa. C.S. § 4914

• Applies if you give false identification to a law enforcement officer

• Third-degree misdemeanor

• Penalties:

  • Up to 1 year in jail

  • Fine up to $2,500

🔹 Forgery – 18 Pa. C.S. § 4101 (in some cases)

• More serious felony charge if you created or altered the ID yourself

• Felony of the third degree

• Penalties:

  • Up to 7 years in prison

College Students and Fake IDs: A Common Risk

Many fake ID cases arise on or near college campuses, especially in areas like:

• University City (Drexel, UPenn)

• Temple University

• West Chester University

• Penn State and Pitt main campuses

Police often conduct undercover operations near bars and liquor stores. Even one mistake can lead to a criminal record that affects job, graduate school, or professional license applications.

Can a Fake ID Charge Be Expunged?

Yes—in many cases. If you are a first-time offender, your attorney may be able to:

✅ Negotiate a withdrawal or dismissal of the charge
✅ Get you into a pretrial diversion or summary program
✅ Request a summary offense expungement after 5 years (if no other arrests)
✅ File for ARD (Accelerated Rehabilitative Disposition), which leads to dismissal and expungement after completion

The key is to handle the charge correctly from the start—and avoid pleading guilty without understanding the long-term impact.

Defenses to a Fake ID Charge

Your criminal defense lawyer will review the facts to determine the best strategy, which may include:

• You didn’t know the ID was fake

• You never presented the ID or intended to use it

• The ID belonged to someone else, and you weren’t using it

• Illegal search or seizure by police

• You qualify for a first-time offender program

Even if the charge is technically accurate, your attorney can often negotiate a non-criminal resolution that avoids a record.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

A fake ID charge doesn’t have to ruin your future—but ignoring it or pleading guilty could. With over 30 years of experience representing young adults and students across Philadelphia and Pennsylvania, Mark D. Hauser will fight to keep your record clean and your opportunities intact.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.