NC Fake ID Laws: Charges and Penalties

This guide is for adults under 21 cited in Greensboro or elsewhere in Guilford County, and for their parents. A fake ID is a criminal charge, not a traffic ticket.

Your lawyer argues which statute fits and whether the case ends in a result that costs your license, depending on the facts of your case. Getting help with an underage fake ID charge early changes which results are on the table.

Cited for a fake ID? Call (336) 379-0539 before your court date.

Is Having a Fake ID a Crime in North Carolina?

Yes. Which law applies depends on what you did with the ID and what kind of ID it was.

Having or showing a driver’s license or DMV ID card you know is fake or altered is a crime under G.S. 20-30(1). A fake passport, military ID or other government photo ID, knowingly held to deceive, falls under G.S. 14-100.1 instead.

The most common charge is using a fake or borrowed ID to get into a bar or get alcohol.

“It is unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages … by using or attempting to use any of the following: (1) A fraudulent or altered drivers license.” G.S. 18B-302(e)

The full text adds “in violation of subsection (b),” which means the person using the ID is under 21. A 22-year-old using a friend’s license is not charged under 18B-302(e), though G.S. 20-30(3) can still apply.

Types of Fake ID Violations in North Carolina

Fake ID charges in North Carolina range from a Class 2 misdemeanor to a Class I felony, depending on what you did.

What You Did	Statute	Class	One-Year License Revocation
Used a fake, altered or borrowed ID to enter a bar or get alcohol	G.S. 18B-302(e)	Class 1 misdemeanor	Yes, on conviction
Let someone under 21 use your ID for alcohol	G.S. 18B-302(f)	Class 1 misdemeanor	Yes, on conviction
Had or showed a license you knew was fake or altered	G.S. 20-30(1)	Class 2 misdemeanor	No
Showed someone else’s license as your own	G.S. 20-30(3)	Class 2 misdemeanor	No
Counterfeited or lent a license	G.S. 20-30(2)	Class 2 misdemeanor	No
Gave false information on a license application	G.S. 20-30(5)	Class 1 misdemeanor	No
Had or made a fake passport, military ID or other government photo ID (not a license or DMV ID card) to deceive	G.S. 14-100.1	Class 1 misdemeanor	No
Sold or offered to sell copies or imitations of a license	G.S. 20-30(7)	Class I felony	No
Used a license or state ID card with a false name in a felony	G.S. 20-30(9), G.S. 20-37.8(b)	Class I felony	No

Buying, having or drinking alcohol under 21 is a separate charge under G.S. 18B-302(b). See how underage alcohol tickets are handled in Guilford County.

Will a Fake ID Cost You Your License?

It will if you are convicted of using a fake or borrowed ID for alcohol under 18B-302(e), or of lending your ID for that under 18B-302(f). The court reports the conviction to the Division of Motor Vehicles (DMV).

Under G.S. 20-17.3, DMV “shall revoke for one year” the license of anyone convicted under those subsections. The statute has no driving element, so it applies even if no car was involved.

The same revocation follows an 18B-302(b) conviction when the violation happened while buying or trying to buy alcohol under 21.

A 20-year-old who shows a fake license to get into a bar faces 18B-302(e) and the revocation. Holding the same license without using it for alcohol is a Class 2 charge under 20-30(1), without it.

Separately, DMV may suspend your license for up to one year for showing a license that is not yours, under G.S. 20-16(a)(6) and G.S. 20-19(c).

If your license is already suspended or revoked, the year starts when that earlier revocation ends.

When the year ends, there are steps to getting your license back after a revocation. If you were driving, also read about driving after drinking under 21.

Potential Consequences of Fake ID Charges

A fake ID conviction can bring a sentence, probation or a fine, set by the class and your prior record under G.S. 15A-1340.23. Prior conviction levels come from G.S. 15A-1340.21.

Class	No Prior Convictions	1 to 4 Prior Convictions	5 or More Prior Convictions
Class 1 misdemeanor	1 to 45 days, community punishment	1 to 45 days, community, intermediate or active	1 to 120 days, community, intermediate or active
Class 2 misdemeanor	1 to 30 days, community punishment	1 to 45 days, community or intermediate	1 to 60 days, community, intermediate or active

With no priors, the grid authorizes community punishment only, and G.S. 15A-1340.20(c) requires the court to suspend that sentence. The exception in G.S. 15A-1340.20(c1) is an active term no longer than time already spent in confinement.

With even one prior, a Class 1 conviction can carry an active sentence. Which level you are sentenced at, and whether the case ends in a conviction at all, is argued by your lawyer, not assumed.

The maximum fine for a Class 2 misdemeanor is $1,000 under G.S. 15A-1340.23(b). For a Class 1, the fine is in the discretion of the court.

Selling fake licenses is a felony with its own grid. See what a Class I felony can carry, and how we approach defending misdemeanor charges in Greensboro.

Can a Fake ID Charge Come Off Your Record?

A fake ID charge can come off your record, but the path depends on how the case ends. If every charge in the case is dismissed, G.S. 15A-146(a4) expunges it automatically about six months later.

One nonviolent misdemeanor conviction can be expunged three years after the conviction under G.S. 15A-145.5. If a sentence or probation ends later, the wait runs from that date.

The special under-21 alcohol expunction in G.S. 15A-145 covers only possession under 18B-302(b)(1). It does not cover using a fake ID under 18B-302(e).

That is why the result your lawyer works toward matters, depending on the facts of your case. Your lawyer can explain the timing for clearing a charge from your record, and how a clean record helps with jobs.

Defending Against Fake ID Charges in Greensboro

Defending a fake ID charge starts with whether the statute charged fits what happened. Entering a bar or buying alcohol is a different charge from simply having the ID.

Your lawyer also checks the proof that you knew the ID was false. G.S. 20-30(1) says “knowing” and G.S. 14-100.1 says “knowingly,” so the State must prove it.

Whose ID it was, and how it was used, matter too. Our Greensboro criminal defense lawyers weigh the license and record outcome of each possible result before you plead.

What to Do After a Fake ID Citation

After a fake ID citation, the first rule is not to make it worse. Do not show someone else’s license to police, and do not lend your ID: both are charges of their own.

Do not post about it online. Write down what happened and who was there, then call a lawyer before court.

If the citation is in Guilford County, talk with us about your fake ID charge this week. Call (336) 379-0539 before your court date.

Frequently Asked Questions

This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.