If you or your son or daughter has been arrested or charged with a fake ID offense in Illinois, the situation is more serious than most people realize. What can feel like a college rite of passage is, under Illinois law, a criminal charge that may carry a felony, a driver’s license suspension, and a permanent record. As a former Will County prosecutor and former Illinois Assistant Attorney General, attorney Jack L. Zaremba understands exactly how these cases are charged in Joliet and across Will County — and how to fight for an outcome that protects your future.
If you are facing a fake ID charge, call (815) 740-4025 for a free, confidential consultation.
What Counts as a Fake ID Under Illinois Law
Illinois law treats several different things as a “fake ID,” and the exact charge depends on what the document is and what was done with it. A fraudulent identification card is generally any card that purports to be official identification but for which no computerized number and file were created by the Secretary of State or another government body — including any card that resembles an official ID in size, color, print, or design. In practice, fake ID cases tend to fall into a few categories:
- Using or lending a real ID that is not yours — for example, using an older sibling’s valid license, or letting a friend borrow yours.
- Possessing an altered or fictitious ID — a genuine ID that has been changed, or one containing false information.
- Possessing a manufactured fraudulent ID — one produced by someone other than a government office.
- Manufacturing, selling, or distributing fraudulent IDs, or possessing equipment to make them.
Each of these is treated differently under the law, and the difference can be the line between a misdemeanor and a felony.
Illinois Fake ID Charges and Penalties
Fake ID offenses appear primarily in the Illinois Identification Card Act (15 ILCS 335) and, where a driver’s license is involved, the Illinois Vehicle Code (625 ILCS 5/6-301.1). The charges range from a misdemeanor to a serious felony:
- Unlawful use of an identification card (15 ILCS 335/14) — generally a Class A misdemeanor, punishable by up to one year in jail and up to $2,500 in fines, with a mandatory minimum of a $500 fine or 50 hours of community service. A second offense can be charged as a Class 4 felony. This is the charge often used when someone uses or lends a genuine ID that is not theirs.
- Fictitious or unlawfully altered identification card (15 ILCS 335/14A) — a Class 4 or Class 3 felony, depending on the circumstances.
- Fraudulent identification card (15 ILCS 335/14B) — knowingly possessing or displaying a manufactured fraudulent ID can be charged as a Class 4 felony, punishable by one to three years in prison and up to $25,000 in fines — even on a first offense, and even where the ID was never actually used. Manufacturing, selling, distributing, or advertising fraudulent IDs, or possessing one with intent to commit fraud, can be charged as a Class 3 felony (two to five years), rising to a Class 2 felony for a subsequent offense.
Because the same set of facts can often be charged at different levels, the prosecutor’s discretion — and your attorney’s ability to influence it — matters enormously.
A Fake ID Charge Can Cost You Your Driver’s License
Many people are surprised to learn that a fake ID allegation can affect driving privileges separately from the criminal case. The Illinois Secretary of State has authority to suspend or revoke driving privileges for up to one year for fake ID violations — and because this is an administrative action, it can happen even without a criminal conviction. Protecting your license is often a separate fight that runs alongside the criminal charge.
The Hidden Stakes — Especially for Students
For a high school or college student, a fake ID charge can do lasting damage well beyond a fine:
- A permanent record. A felony conviction in Illinois cannot be expunged or sealed, and court supervision — the disposition that often keeps a case off a person’s permanent record — is not available for felonies. A felony fake ID conviction can follow a young person for life.
- College discipline. Students caught using or selling fake IDs can face their school’s disciplinary process, with sanctions ranging from probation to suspension or expulsion.
- Future consequences. A criminal record can affect employment, professional licensing, financial aid, and housing for years.
These stakes are exactly why a fake ID charge should never be treated as a minor inconvenience.
How We Defend Fake ID Charges in Will County
There is almost always more to a fake ID case than the charge suggests, and several defense strategies may apply:
- challenging whether you knowingly possessed a fraudulent ID — knowledge is a required element of the offense;
- challenging the legality of the stop, search, or seizure that produced the ID;
- negotiating to reduce a felony charge to a misdemeanor, or a misdemeanor to court supervision or a diversion program — particularly for a first-time or student offender; and
- protecting your driver’s license in the separate Secretary of State proceeding.
Having prosecuted cases in Will County, attorney Zaremba knows how the State approaches fake ID charges in Joliet — and uses that insight to push for the best possible result, ideally one that keeps a young person’s record clean. To learn more about clearing a record after a case resolves, see our page on expungement and record sealing.
Frequently Asked Questions
Is a fake ID a felony in Illinois?
It can be. Knowingly possessing a manufactured fraudulent ID can be charged as a Class 4 felony under 15 ILCS 335/14B, even on a first offense. Using or lending a genuine ID that is not yours is more often charged as a Class A misdemeanor under 15 ILCS 335/14. The specific charge depends on the facts.
Will I lose my license over a fake ID charge?
Possibly. The Illinois Secretary of State can suspend or revoke driving privileges for up to one year for fake ID violations, and that administrative action can occur even without a criminal conviction.
Can a fake ID charge be expunged in Illinois?
A felony fake ID conviction cannot be expunged or sealed, and supervision is not available for felonies. That is why avoiding a felony — through reduction, supervision, or diversion where possible — is often the central goal of the defense.
My child is a college student. Can a fake ID affect their education?
Yes. Beyond the criminal case, many schools impose their own discipline for fake ID offenses, ranging from probation to suspension or expulsion.
Do I really need a lawyer for a fake ID charge?
Yes. Because the same conduct can be charged as anything from a misdemeanor to a felony, an experienced defense attorney can be the difference between a permanent record and a clean one.
If you or your child is facing a fake ID charge in Joliet or anywhere in Will County, contact the Law Offices of Jack L. Zaremba, P.C. at (815) 740-4025 for a free consultation. We represent clients throughout Will, Grundy, and Kendall Counties.