Using or possessing a fake ID in Oklahoma can lead to serious legal repercussions. These actions, whether for buying alcohol, entering age-restricted places, or other forms of misrepresentation, are treated as criminal offenses with lasting effects. Oklahoma’s laws on fake IDs are strict, and penalties can be significant, even for a first offense. This article examines Oklahoma’s fake ID laws, including the types of offenses, potential penalties, and the long-term consequences for an individual’s record.
Criminal Offenses for Fraudulent Identification
Oklahoma law specifies several criminal offenses for the creation, possession, and use of fraudulent identification. Under Title 21, Section 1550.41 of the Oklahoma Statutes, it is unlawful to possess a canceled, revoked, suspended, or fictitious driver license or identification card.1Justia Law. Oklahoma Statutes §21-1550.41 (2024) – Definitions – Offenses – Penalties. This statute also prohibits lending such documents or falsely presenting someone else’s ID as one’s own.
The creation and distribution of false identification are also addressed. Oklahoma Statutes Title 21, Section 1550.42, makes it a misdemeanor to manufacture, sell, deliver, or offer to sell or deliver any counterfeit or false identification card or driver license.2Justia Law. Oklahoma Statutes §21-1550.42 (2024) – Entities Authorized to Print Identification Documents, Cards and Certificates This section also criminalizes possessing any die, plate, or other apparatus for creating such documents. Possessing two or more counterfeit IDs is considered evidence of intent to manufacture, sell, or deliver them.
Using false identification to obtain age-restricted items, especially alcohol, is a specific concern. Title 37A, Section 6-115, makes it illegal for individuals under 21 to use a false ID or another person’s ID to buy or attempt to buy alcohol.3Justia Law. Oklahoma Statutes §37A-6-115 (2024) – Furnishing Alcohol to Minors and False Identification Penalties The statute also covers possessing such fake IDs and supplying them to underage individuals. Additionally, using a fake ID to mislead peace officers or government officials can lead to other charges, such as obstructing an officer.
Penalties and Sentencing Ranges
Violating Oklahoma’s fraudulent identification laws leads to different penalties depending on the offense. Under Oklahoma Statutes Title 21, Section 1550.41, unlawful possession or improper use of a driver license or identification card is a misdemeanor, carrying a fine between $25.00 and $200.00.
Penalties for creating and distributing false identification are more severe. Oklahoma Statutes Title 21, Section 1550.42, classifies manufacturing, selling, or delivering counterfeit identification as a misdemeanor. This is punishable by a fine of $100.00 to $1,000.00, and/or up to one year in county jail. Similar penalties apply to possessing tools for creating fraudulent documents.
Specific penalties apply for using false identification related to alcoholic beverages. According to Title 37A, Section 6-115, an individual under 21 presenting a false ID to purchase alcohol, or possessing such an ID, commits a misdemeanor. Conviction can lead to a fine between $50.00 and $500.00, participation in a court-approved substance abuse course, or both.
The same statute also states that anyone who sells, gives, or furnishes false identification to someone under 21 is guilty of a misdemeanor, facing a fine from $100.00 to $500.00. These penalties can apply to each violation, and multiple charges from a single incident can result in cumulative consequences.
Court Proceedings for Fake ID Cases
An accusation of a fake ID violation in Oklahoma starts a formal court process. This usually begins with a citation or arrest, after which a prosecutor reviews the evidence to decide if charges will be filed.
If charges are filed, the defendant is summoned for an arraignment. Here, they are formally informed of the charges and their constitutional rights, including the right to an attorney. If the defendant cannot afford an attorney and faces potential jail time, the court may appoint one. The defendant then enters a plea, such as guilty, not guilty, or nolo contendere (no contest).
A ‘not guilty’ plea moves the case to a pre-trial phase. During this phase, both sides can request evidence from the other (discovery), including police reports and the fake ID itself. Pre-trial conferences may occur to discuss the case and potential resolutions, such as plea bargaining.
If no plea agreement is reached, the case goes to trial. For most fake ID misdemeanors, the defendant has a right to a jury trial, or they can choose a bench trial where a judge decides the verdict. The prosecution must prove guilt beyond a reasonable doubt.
Court proceedings for minors (under 18) often take place in the juvenile justice system. The Oklahoma Juvenile Code (Title 10A, Oklahoma Statutes) guides this system, which emphasizes rehabilitation. A minor found to have committed an offense is adjudicated a ‘delinquent child,’ not criminally convicted. Juvenile proceedings are generally less formal and may be confidential. While it’s possible for a minor to be certified to stand trial as an adult for very serious offenses, this is uncommon for typical fake ID charges.
Investigations and Enforcement Tactics
When Oklahoma authorities suspect fake ID use or distribution, various agencies may investigate. State and local law enforcement, along with the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission, are key players. The ABLE Commission specifically enforces laws against underage drinking and the use of fake IDs to buy alcohol, and its agents can inspect licensed premises and conduct compliance checks.4Oklahoma.gov. Oklahoma ABLE Commission
Investigations often begin with an encounter, such as a traffic stop or a report from an age-restricted venue like a bar. If an officer has reasonable suspicion that an ID is fraudulent, they can take steps to verify it by examining its features, comparing it to the person presenting it, and checking available databases. The Oklahoma Department of Public Safety (DPS), which issues state IDs, might be consulted for verification.
More complex investigations, especially those into manufacturing or large-scale distribution of fake IDs, can involve tactics like undercover operations or digital forensics. Agencies may investigate online platforms or individuals suspected of creating and selling fake IDs. The Oklahoma State Bureau of Investigation (OSBI) has resources, like its Digital Evidence Unit, to assist in these cases.5Oklahoma.gov. Digital Evidence Unit Federal agencies might also become involved if the fraudulent activity crosses state lines or involves federal offenses.
Enforcement efforts also include educating businesses on how to identify fake IDs. For instance, the ABLE Commission provides training programs for new alcohol licensees to help them spot fraudulent identification.
Effects on Criminal Records
A fake ID conviction in Oklahoma creates a criminal record with the Oklahoma State Bureau of Investigation (OSBI). This can hinder employment, housing, and educational pursuits due to background checks. The conviction remains on record after penalties are served, unless expunged.
Oklahoma law (Oklahoma Statutes Title 22, Section 18) allows for expungement, which seals the record from public view.6Justia Law. Oklahoma Statutes §22-18 (2021) – Expungement of Records – Persons Authorized. For many misdemeanors, including fake ID offenses, individuals can petition for expungement, typically five years after completing their sentence, if they meet conditions like having no new charges. The process involves filing a court petition and a $150 OSBI processing fee for the arrest record.7Oklahoma.gov. Criminal History Record Expungement Note that a case dismissal after a deferred sentence might clear the court record but often requires a separate action to expunge the arrest record.
Once a record is expunged under Section 18, employers and educational institutions generally cannot require disclosure of the sealed information. However, law enforcement may still access these records.
For individuals under 18 handled in the juvenile system, records are typically confidential. A juvenile adjudication is not a criminal conviction. Juvenile records can also be expunged under specific conditions.
A pardon from the Governor doesn’t automatically clear a record but can make someone eligible for expungement.8Oklahoma.gov. Pardons Oklahoma is also developing ‘clean slate’ laws to automate expungement for some offenses.