Texas Penal Code 37.10: Tampering With a Governmental Record

Tampering with a governmental record in Texas is a crime under Penal Code Section 37.10 that covers knowingly falsifying, forging, altering, destroying, or illegally possessing an official document. The baseline punishment is a Class A misdemeanor carrying up to a year in jail and a $4,000 fine, but the charge can climb to a second-degree felony with up to 20 years in prison depending on the type of record and whether you acted with intent to defraud or harm someone.1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record

What the Statute Prohibits

Section 37.10 defines six distinct ways to commit this offense. Each one requires that you acted knowingly or intentionally, which means accidental mistakes and clerical errors do not qualify. Prosecutors have to prove you were aware your conduct involved a false or unauthorized document.

  • Knowingly making a false entry in, or false alteration of, a governmental record.
  • Making, presenting, or using any document while knowing it is false and intending it be taken as a genuine governmental record.
  • Intentionally destroying, concealing, removing, or otherwise impairing the accuracy, legibility, or availability of a governmental record.
  • Possessing, selling, or offering to sell a governmental record or a blank government form with intent that it be used unlawfully.
  • Making, presenting, or using a governmental record while knowing it contains false information.
  • Possessing, selling, or offering to sell a governmental record or blank form while knowing it was obtained unlawfully.

The dividing line throughout is conscious deception versus honest mistake. Submitting incorrect information you believed to be true is not a crime under this section.1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record

What Counts as a Governmental Record

The definition under Section 37.01 is wide. It covers anything belonging to, received by, or kept by a government entity for information, including court records, permits, licenses, certificates, titles, and letters of patent issued by Texas, another state, or the federal government. It specifically includes official ballots and election records, motor vehicle insurance verification forms, temporary vehicle tags, and mobile food unit documentation required under the Health and Safety Code.2State of Texas. Texas Penal Code 37.01 – Definitions

It also reaches documents that sit in private hands. If Texas law requires a business or individual to maintain a record for the government’s information, that record qualifies. Environmental compliance reports, financial disclosures, and insurance certificates kept available for state inspection all fall within the statute. Electronic records carry the same weight as paper.

Courts have read the definition broadly. In State v. Vasilas, the Texas Court of Criminal Appeals held that a petition for expunction filed with a court qualifies as a governmental record because it is something received by a court for information, even though a private party filed it.3Justia Law. State v. Vasilas If a document reaches the government for informational purposes, it is covered.

How the Penalty Is Graded

The sentence depends on two things: the type of record involved, and whether you acted with intent to defraud or harm another person.

Class A Misdemeanor

With no aggravating factor, the offense is a Class A misdemeanor. A conviction can bring up to one year in county jail, a fine up to $4,000, or both.4State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor

State Jail Felony

The charge becomes a state jail felony when you acted with intent to defraud or harm another. The punishment range is 180 days to two years in a state jail facility, plus a possible fine up to $10,000.5State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment Falsifying a government application to obtain a benefit you are not entitled to is the classic example.

Third-Degree Felony

Certain record types push the offense to a third-degree felony automatically, with no need to prove fraud or harm. A third-degree felony means 2 to 10 years in prison and a possible fine up to $10,000.6State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment The qualifying documents are:

  • Public school records and assessment instruments required under the Education Code, including data reported to the Texas Education Agency through PEIMS.
  • Government-issued licenses, certificates, permits, seals, or titles from Texas, another state, or the United States.
  • Expert examination reports on physical evidence prepared for use in a criminal case, such as toxicology, ballistics, or DNA reports.
  • Certification and maintenance records for instruments used to test physical evidence in criminal matters.
  • Search warrants issued by a magistrate.
1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record

Second-Degree Felony

The top tier applies when the record is a government-issued license, certificate, permit, title, or public school record and you acted with intent to defraud or harm another. A second-degree felony carries 2 to 20 years in prison and a possible fine up to $10,000.7State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment Tampering with one of those documents is already a third-degree felony on its own; the fraud or harm element adds another tier.1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record

Insurance Cards and Temporary Tags

Subsection (d) sets a separate penalty ladder for motor vehicle insurance forms, proof of financial responsibility, and temporary vehicle tags described in Section 37.01(2)(D).2State of Texas. Texas Penal Code 37.01 – Definitions This is one of the most commonly charged versions of the offense because fake insurance cards and bogus temporary tags surface during routine traffic stops.

  • Class B misdemeanor for presenting or using a fake insurance document or temporary tag.
  • Third-degree felony for creating, altering, destroying, or unlawfully possessing these documents.
  • Second-degree felony for any conduct involving these documents when you intended to defraud or harm another.
1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record

Flashing a fake insurance card during a traffic stop starts as a Class B misdemeanor. Making the cards is a felony. The law treats the user and the manufacturer very differently.

Defenses Built Into the Statute

Section 37.10 writes three defenses directly into the law.

The broadest is the “no effect” defense. If the false entry or false information could have had no effect on the government’s purpose for requiring the record, that is a defense to charges based on false entries, using a fake document as genuine, or using a record you know is false.1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record A false middle initial on a form the agency uses only to track Social Security numbers is the kind of fact pattern this defense addresses.

For destruction charges, the statute excepts records destroyed under legal authorization or transferred to the Texas State Library and Archives Commission. Local government records destroyed in compliance with the Local Government Code’s retention rules are also excepted.1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record Routine document shredding on an approved schedule is not tampering.

A public servant charged with possessing an unlawfully obtained governmental record has an affirmative defense if the possession occurred during the actual discharge of official duties.1State of Texas. Texas Penal Code 37.10 – Tampering With Governmental Record An officer who seizes a fake ID during an arrest is covered.

Consequences Beyond the Sentence

The punishment written into the statute is only part of what a conviction brings.

Professional licensing boards treat convictions involving dishonesty, fraud, or deceit as grounds for discipline, up to suspension or revocation. Nurses, teachers, lawyers, accountants, and real estate agents face mandatory disclosure requirements on applications and renewals. A board does not need to prove the conviction directly involved the profession, only that the offense is substantially related to fitness to practice, and fraud convictions routinely clear that bar. Failing to disclose compounds the problem, since nondisclosure is itself a form of falsification.

For non-citizens, the stakes rise further. Federal immigration law treats crimes involving moral turpitude as grounds for deportability and inadmissibility, and offenses requiring knowledge of falsity or intent to defraud fit the traditional definition. The immigration consequences of a guilty plea can be permanent and are often irreversible, so immigration counsel should review any plea before it is entered.

A felony conviction also carries the standard collateral consequences under Texas law: loss of firearm rights, potential disqualification from certain government employment, and difficulty with background checks for housing and private jobs. Even a misdemeanor tampering conviction signals dishonesty to future employers in a way that many other misdemeanors do not.