Indiana fake ID charges run from a Class C misdemeanor to a Level 6 felony, and which one you face depends almost entirely on what the ID was used for. A minor caught handing a fake license to a bartender is looking at up to 60 days in jail and a $500 fine. Someone making fake IDs, using another real person’s information, or fabricating a synthetic identity faces a Level 6 felony carrying six months to two and a half years in prison and fines up to $10,000.
The Common Charge: Minor Using a Fake to Buy Alcohol
Most fake ID cases in Indiana fall under IC 7.1-5-7-1, which targets minors who lie about their age or present false evidence of identity to buy alcohol from a licensed seller.1Indiana General Assembly. Indiana Code 7.1-5-7-1 – False Statements of Age It is a Class C misdemeanor, which carries up to 60 days in jail and a fine of up to $500.2Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor
The statute is narrower than most people assume. It covers the minor who uses the fake to buy alcohol, and nothing else. A separate statute, IC 7.1-5-7-2, catches the person who furnishes the fake to the minor, with the same Class C misdemeanor penalty.3Indiana General Assembly. Indiana Code 7.1-5-7-2 – Furnishing False Evidence of Identification Courts frequently add community service or educational programming on top.
A misdemeanor conviction is still a criminal conviction. It shows up on background checks and affects job and school applications for years.
When Fake ID Charges Become a Felony
Three Indiana statutes turn a fake ID case into a Level 6 felony. The line between them is thinner than people realize, and crossing it usually has nothing to do with how serious the person thought they were being.
Identity Deception
Using another real person’s identifying information with intent to harm, defraud, or pose as that person is identity deception under IC 35-43-5-3.5.4Indiana General Assembly. Indiana Code 35-43-5-3.5 – Identity Deception This is the statute that reaches someone using a sibling’s or stranger’s real driver’s license.
There is one carved-out exception that catches people off guard. If a person under 21 uses someone else’s identifying information solely to buy alcohol, that conduct stays under the Class C misdemeanor rather than the felony.4Indiana General Assembly. Indiana Code 35-43-5-3.5 – Identity Deception The moment the borrowed ID is used for anything else, the exception disappears and the felony is back on the table.
Synthetic Identity Deception
Creating and using fabricated identifying information that doesn’t correspond to any real person is synthetic identity deception under IC 35-43-5-3.8, also a Level 6 felony.5Indiana General Assembly. Indiana Code 35-43-5-3.8 – Synthetic Identity Deception This covers the person who generates a completely fictitious identity rather than borrowing or stealing a real one.
Forgery and Counterfeiting
Actually manufacturing fake IDs falls under IC 35-43-5-2. Making or possessing a document that purports to be issued by someone else, or that contains different information than the original, is a Level 6 felony.6Indiana General Assembly. Indiana Code 35-43-5-2 – Counterfeiting; Forgery Possessing more than one forged document triggers the counterfeiting provision even without direct proof of intent to distribute.
What a Level 6 Felony Carries
All three felony charges share the same sentencing range: six months to two and a half years in prison, with an advisory sentence of one year, and fines up to $10,000.7Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony Indiana courts can reduce a Level 6 felony to a misdemeanor in certain circumstances, which matters for first-time offenders who complete probation.
When Federal Charges Enter the Picture
Most Indiana fake ID cases stay in state court. Federal charges come in when the conduct involves producing or trafficking fraudulent government-issued documents, or when identity fraud crosses state lines.
Under 18 U.S.C. § 1028, producing or transferring a false driver’s license, birth certificate, or other identification document carries up to 15 years in federal prison; simple possession or use under the same statute carries up to five.8Office of the Law Revision Counsel. 18 U.S. Code 1028 – Fraud and Related Activity in Connection With Identification Documents If someone uses another person’s actual identifying information during a federal felony, aggravated identity theft under 18 U.S.C. § 1028A adds a mandatory two years that runs consecutively with the underlying sentence and cannot be bargained down.9Office of the Law Revision Counsel. 18 USC 1028A – Aggravated Identity Theft
What a Conviction Costs You Beyond the Sentence
Driver’s License Suspension
Under IC 9-24-18-12.2, the Bureau of Motor Vehicles must suspend a minor’s driving privileges on receiving a court order related to alcohol violations under IC 7.1-5-7.10Indiana General Assembly. Indiana Code 9-24-18-12.2 – Bureau Shall Suspend Minor’s Driving Privileges A fake ID conviction tied to an alcohol purchase can trigger that suspension.
Jobs and Background Checks
Fraud-related offenses raise specific red flags for employers in banking, healthcare, government, and any role requiring a security clearance. A felony conviction for identity deception or forgery signals dishonesty in a way that general misdemeanors do not.
Immigration
Non-citizens face the sharpest collateral exposure. A conviction involving identity fraud can trigger removal proceedings regardless of length of residency or family ties, and can affect visa renewals, green card applications, and naturalization eligibility.
School Discipline
Indiana colleges and universities routinely impose sanctions ranging from academic probation to expulsion when a student is caught with a fake ID, independent of the criminal case. A disciplinary record can also jeopardize scholarships and complicate graduate or professional school applications.
Defenses That Actually Work
The strongest defense in most fake ID cases targets intent. Both the alcohol statute and the felony statutes require that the person acted knowingly or intentionally. Someone who genuinely did not know an ID was fraudulent has a real defense, though its credibility depends on the circumstances.
For identity deception specifically, the state has to prove intent to harm, defraud, or pose as another person.4Indiana General Assembly. Indiana Code 35-43-5-3.5 – Identity Deception The statute explicitly protects “lawful purpose” uses of identifying information.
Procedural defenses apply as well. Evidence obtained through an unlawful search can be suppressed. Misidentification is another avenue, since bars and liquor stores are often crowded and poorly lit, and witnesses sometimes link the wrong person to the ID that was presented.
Pretrial Diversion for First-Time Offenders
Indiana prosecutors can offer first-time offenders a pretrial diversion that avoids a conviction entirely. Prosecutors weigh factors including the severity of the offense, whether the defendant is a first-time offender, likelihood of reoffending, and whether a suitable program exists.11Indiana Prosecuting Attorneys Council. Diversion and Deferral Guidelines Fake ID misdemeanors are not on the excluded list, which puts most first-time offenders in reasonable position to be considered.
Diversion typically involves community service, an educational course, regular check-ins, and payment of court costs. Finish the program and the charges are dismissed. This is where most first-offense fake ID cases end up, and it is why how the early stages of the case are handled matters more than the eventual outcome suggests.
How Long a Conviction Stays on Your Record
Indiana allows people convicted of misdemeanors to petition for expungement, but the wait is longer than most expect. Under IC 35-38-9-2, you must wait at least five years from the date of conviction before filing, unless the prosecutor agrees in writing to a shorter period.12Indiana Public Defender Council. IC 35-38-9 – Sealing and Expunging Conviction Records You also need no pending charges, no new convictions within those five years, and all fines, fees, and restitution paid in full.
The same five-year clock applies to Level 6 felonies that were reduced to misdemeanors. Felonies that stay felonies face longer waits and more restrictions. In practical terms, a fake ID conviction at 19 isn’t eligible for expungement until 24 at the earliest, and shows up on background checks the entire time in between.