Forgery Under Texas Penal Code §32.21: Penalties and Defenses

Forgery penalties in Texas run from a $500 fine with no jail time for the smallest cases up to life in prison for the largest, under Section 32.21 of the Texas Penal Code.¹ Where a specific case lands depends on what kind of document was forged, how much money or property the forgery was aimed at, and whether the victim was 65 or older. A conviction can also cost you your right to own a gun, your right to vote while under sentence, and your standing with professional licensing boards.

Jail Time and Fines by Offense Level

Chapter 12 of the Penal Code sets the punishment ranges once the forgery offense is classified. From lightest to heaviest:

Class C misdemeanor: fine up to $500, no jail time.
Class B misdemeanor: up to 180 days in county jail and a fine up to $2,000.
Class A misdemeanor: up to one year in county jail and a fine up to $4,000.²
State jail felony: 180 days to two years in a state jail facility and a fine up to $10,000.²
Third-degree felony: two to ten years in prison and a fine up to $10,000.³
Second-degree felony: two to 20 years in prison and a fine up to $10,000.²
First-degree felony: five to 99 years or life in prison and a fine up to $10,000.²

Courts can also order restitution to the victim covering the financial losses caused by the forgery, separate from any fine.

What Determines the Offense Level

Section 32.21 classifies forgery two different ways. One track looks at the type of document. The other looks at how much money or property the forger was trying to obtain. Prosecutors can charge under the track that produces the higher offense level, so both matter.

Classification by Type of Document

The baseline is a Class A misdemeanor. Forgeries that do not involve one of the specifically listed document categories sit here.¹

The charge rises to a state jail felony when the forged writing is or purports to be a will, deed, mortgage, security agreement, credit card, check, authorization to debit a bank account, contract, or other commercial instrument.¹ These are the documents that move money and property directly, so the legislature treats them more seriously without any need to prove a specific dollar amount.

It rises again to a third-degree felony when the forgery involves money, securities, postage or revenue stamps, certain government records, or instruments issued by a government body, including stock and bond certificates.¹ Counterfeiting currency and creating fake government-issued instruments sit at this level.

Classification by Value

When the forgery was committed to obtain or attempt to obtain property or a service, the offense level follows a value ladder:¹

Under $100: Class C misdemeanor
$100 to $749: Class B misdemeanor
$750 to $2,499: Class A misdemeanor
$2,500 to $29,999: state jail felony
$30,000 to $149,999: third-degree felony
$150,000 to $299,999: second-degree felony
$300,000 or more: first-degree felony

The value ladder can cut both ways. A forged check, which would normally be a state jail felony by document type, could drop to a Class C misdemeanor if the check was only for $50. A routine document that would normally be a Class A misdemeanor can climb to a first-degree felony if the underlying scheme targeted property worth $300,000 or more.

Elderly Victim Enhancement

If the victim is 65 or older, the offense automatically moves up one full category.¹ A Class A misdemeanor becomes a state jail felony, a state jail felony becomes a third-degree felony, and so on up the chain. First-degree felonies under the value ladder cannot be enhanced further this way.

Consequences Beyond Jail and Fines

A felony forgery conviction carries collateral consequences that outlast any sentence. You lose the right to possess a firearm under both Texas and federal law. Your right to vote is suspended until your sentence, including any supervised release, is fully completed.

Forgery is a crime of dishonesty, and that label follows a person through background checks. Employers in fields that involve handling money or holding positions of trust, such as banking, accounting, insurance, and law enforcement, treat fraud convictions differently from other offenses. Professional licensing boards in Texas review criminal histories and can deny, suspend, or revoke licenses for occupations like real estate, nursing, teaching, and law based on a forgery conviction. Landlords screening rental applicants routinely flag fraud-related offenses as well.

For non-citizens the stakes are higher. Forgery is widely treated as a crime involving moral turpitude under federal immigration law. A lawful permanent resident convicted of such a crime within five years of admission can face deportation proceedings. Non-citizens who entered through parole rather than formal admission face removal risk at any point after a conviction for a crime involving moral turpitude.

How Long the State Has to File Charges

Felony forgery has a ten-year statute of limitations, meaning prosecutors must present an indictment within ten years of the date the offense was committed. That is longer than the standard three-year window for most felonies because forgery schemes often go undetected for years.

Misdemeanor forgery, whether a Class A, Class B, or Class C, must be charged within two years of the offense.⁴ The gap between two years and ten years is one more reason the felony-versus-misdemeanor question matters early in a case.

Cleaning Up the Record Later

Texas separates expunction from nondisclosure, and the difference is significant. An expunction erases the arrest and charge as though it never happened. A nondisclosure order seals the record from public view, but law enforcement agencies, licensing boards, and certain government entities can still see it.

Expunction is narrow. You cannot expunge a conviction in Texas. Only arrests that did not lead to a conviction qualify, meaning cases that were dismissed, resulted in acquittal, or where charges were never filed. Deferred adjudication for a Class C misdemeanor is the one deferred-adjudication scenario eligible for expunction.

Nondisclosure is the more realistic path after deferred adjudication on a forgery charge. If a judge placed you on deferred adjudication community supervision and you completed it successfully, you may petition for a nondisclosure order. Eligibility depends on the offense level and whether the offense appears on the list of crimes excluded from nondisclosure. The waiting period before filing ranges from immediately upon discharge to several years, depending on whether the offense was a misdemeanor or a felony. Neither expunction nor nondisclosure is automatic; both require a court petition.

When Federal Charges Take Over

Most forgery cases stay in state court, but federal charges enter the picture when the forged document is a federal instrument or the scheme crosses state lines. Counterfeiting U.S. currency under 18 U.S.C. § 471 carries up to 20 years in federal prison.⁵ Forging or misusing a U.S. passport under 18 U.S.C. § 1543 carries up to 10 years for a standard offense, 20 years if tied to drug trafficking, and 25 years if connected to international terrorism.⁶

State and federal charges are not mutually exclusive. Someone who forges U.S. Treasury checks in Texas could face prosecution in both systems under the dual sovereignty doctrine.

1
State of Texas. Texas Penal Code 32.21 – Forgery
2
State of Texas. Texas Penal Code Chapter 12 – Punishments
3
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
4
State of Texas. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors
5
Office of the Law Revision Counsel. 18 USC 471 – Obligations or Securities of United States
6
Office of the Law Revision Counsel. 18 USC 1543 – Forgery or False Use of Passport