Carrying a Fake ID in Pennsylvania
If you’re caught using a Fake ID in State College, you’re likely to face charges under 18 Pa.C.S. § 6310.3 – Carrying a False Identification Card, a summary offense. If the police involved are from Liquor Control Enforcement (LCE), you may also face charges for:
Misrepresentation of Age to Purchase Alcohol (18 Pa.C.S. § 6307)
Attempted Purchase of Alcohol by a Minor (18 Pa.C.S. § 6308)
All three are summary offenses. However, the consequences differ:
Fake ID and Misrepresentation: Up to $300 in fines and 90 days in jail
Attempted Purchase: $500 fine for a first offense, $1,000 for repeat offenses and 90 days in jail
Note: Jail time is extremely rare unless the individual has a significant criminal record. Most receive only fines and court costs.
Impact on Job Opportunities and Criminal Record
While a small fine may not seem serious, a summary conviction can harm your future — especially your career.
Summary Convictions Appear on Background Checks
Many people wrongly assume that summary offenses don’t show up on background checks. In reality, they often do. For charges like Fake ID or Misrepresentation of Age, you are typically processed, meaning you’ll be fingerprinted and photographed. This information is sent to the Pennsylvania State Police Central Repository and then to the FBI, making the offense part of your permanent criminal record.
Crimes Involving Dishonesty: Crimen Falsi
Fake ID and Misrepresentation charges are considered crimen falsi, or crimes involving dishonesty. This classification puts them in the same category as theft and forgery. Employers are particularly wary of these offenses, even if they are “just” summary offenses. In contrast, Underage Drinking charges are often seen as less serious.
Additionally, second offenses may be upgraded to misdemeanor charges, increasing the stakes even further.
First-Time Offender Programs for Fake ID Charges
If this is your first offense, you may qualify for a first-time offender program, often referred to as a pre-adjudicative or diversionary program. These programs are commonly used in Fake ID, Underage Drinking, and Public Drunkenness cases.
Program Requirements May Include:
Paying court costs
Completing community service
Attending a class or educational program
These programs often result in dismissal of charges upon successful completion.
Expungement vs. Limited Access
In Pennsylvania, even dismissed charges remain on your record unless you take action.
Limited Access: Restricts public visibility but still accessible by law enforcement and courts
Expungement: Permanently removes and destroys the record
Immediate Expungement Eligibility
Contrary to popular belief, you do not need to wait five years to expunge a dismissed summary offense. That rule only applies to convictions. If your charges are dismissed through a diversionary program, they are immediately eligible for expungement.
To clear your record, you must file an expungement petition and go through the Pennsylvania expungement process.
Get a Free Legal Consultation from JD Law
If you’ve been charged with a Fake ID offense, Underage Drinking, or any other criminal charge near Penn State, don’t risk your future.
Contact JD Law for a free case review. Our experienced State College criminal defense attorneys are here to help you explore your options and fight to keep your record clean. For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.