Think using a fake ID is just a prank or a way to get into a bar early? In New Jersey, being caught with false identification can lead to serious criminal charges. For many people, especially first-time offenders, it can be shocking how quickly one impulsive act can result in long-term legal consequences.
If you’ve been cited, arrested, or charged for possessing or using a fake ID, you may be unsure what to expect next. You might be anxious about whether this will result in a permanent criminal record or how it could affect your job, education, or immigration status.
At Attorneys Hartman, Chartered, we understand what you're going through. We represent individuals charged in both New Jersey's municipal and superior courts, and we know how stressful this process can feel. Below, we break down what the law says, what penalties may apply, and what steps you can take to protect your future.
Is Having a Fake ID a Crime in New Jersey?
Yes. Under N.J.S.A. 2C:21-2.1, it is a criminal offense in New Jersey to knowingly possess, display, or use any false government-issued identification. This includes:
- A fake driver’s license or altered state ID
- Someone else’s ID used as your own
- Possession of multiple forms of ID with inconsistent or fictitious information
- Any counterfeit or forged government-issued document intended to verify identity or age
Depending on the facts, the offense may be charged as a disorderly persons offense, fourth-degree crime, third-degree crime, or even a second-degree crime in cases involving the production or distribution of fraudulent IDs.
Common Situations That Can Lead to Charges
Fake ID arrests often happen during situations that feel routine at first. Charges can arise from more common scenarios than many realize, including the following:
- Trying to enter a bar or club while underage.
- Using a false ID to buy alcohol or tobacco.
- Presenting someone else’s identification during a traffic stop.
- Altering your own license to appear older.
Even when the use seems minor (such as trying to get into an age-restricted bar or venue), New Jersey law takes the use of false government identification seriously. Prosecutors and police are not required to treat the situation as harmless simply because the setting felt routine or informal.
What Are the Penalties for a Fake ID Charge in NJ?
Disorderly Persons Offense
When no broader fraud is involved and the case remains in municipal court, it may be charged as a disorderly persons offense. Potential penalties include:
- Up to 6 months in jail Fines up to $1,000
- A permanent criminal record (unless later expunged)
- Driver’s license suspension, depending on the circumstances
Third-Degree or Fourth-Degree Crime
If a fake ID is used to deceive law enforcement, commit fraud, or interfere with a legal process, prosecutors may charge a third-degree indictable offense. This could lead to:
- 3 to 5 years in prison
- Fines up to $15,000
- A felony record
- Lasting effects on your employment, education, and more
In cases involving intent to distribute or manufacture fake IDs, the charge may rise to a second-degree crime, which carries even harsher penalties.
Even allowing someone else to borrow your legitimate ID can potentially result in criminal charges under these laws.
Could This Impact School, Work, or Immigration Status?
Yes. A conviction can have collateral consequences that extend far beyond the courtroom.
- Students may face disciplinary action from their school or university, including suspension or even expulsion. Some lose scholarships, housing, or financial aid.
- Job applicants may have difficulty securing employment due to a criminal background.
- Professionals may face scrutiny when applying for licenses in regulated fields.
- Non-citizens could see their immigration status jeopardized by a criminal conviction.
A fake ID charge might seem minor at first, but the potential consequences can be far-reaching.
What Should You Do If You’ve Been Charged?
Do not make any statements to law enforcement or prosecutors without legal representation. You have the right to remain silent and the right to a defense attorney. Anything you say can be used against you, even if you believe you're simply explaining your side.
At Attorneys Hartman, Chartered, we take a thorough, strategic approach to defending clients charged with possession or use of a fake ID. Every case is unique, but depending on your situation, potential legal strategies may include:
- Challenging the legality of the stop, search, or seizure.
- Demonstrating a lack of intent to defraud or mislead.
- Evaluating eligibility for conditional dismissal or diversion programs.
- Negotiating reduced or dismissed charges with prosecutors.
- Pursuing expungement if you’re eligible after resolution of the case.
We take the time to fully understand your situation, explain your options clearly, and advocate for your best interests, without judgment and without assumptions.
What If It Was Just a One-Time Mistake?
Many of our clients are first-time offenders, students, young professionals, or working adults who made a spur-of-the-moment decision without fully realizing the legal risks. If you have been accused of using false identification, whether it was your own altered license or someone else’s ID, it doesn’t have to define your future.
You deserve the opportunity to move forward without a permanent record holding you back. Our criminal defense attorneys work to minimize the long-term impact of these charges. That may mean negotiating a resolution that avoids a conviction, exploring options for expungement when available, challenging the evidence, and simply making sure you understand the legal process and your rights at every step.
Facing Charges for Possession or Use of False Identification in New Jersey? We’re Here to Help.
If you or your child is facing charges for possessing or using a fake ID, don’t leave the outcome to chance. At Attorneys Hartman, Chartered, we’re here to help you understand what’s ahead, protect your rights, and work toward the best possible resolution.
We represent clients across New Jersey and regularly appear in both municipal and superior courts throughout the state. Our practice includes handling cases in Mount Laurel, Cherry Hill, Camden, Trenton, Princeton, Ewing, Vineland, and other nearby cities and towns.
Don’t face your charges alone. Contact Attorneys Hartman, Chartered for a confidential consultation today.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is different, and outcomes depend on the specific facts and legal circumstances involved. For legal advice tailored to your situation, contact Attorneys Hartman, Chartered directly.