Fake Nevada Driver’s license – What are the consequences?

Posted on February 2, 2022

ID with "fake" stamped on it — Using a fake ID can be a misdemeanor or a felony in Nevada depending on the purpose.

Using a fake driver’s license to drink, gamble, or buy cigarettes is a Nevada misdemeanor punishable by up to six months in jail and/or up to $1,000 in fines.

But possessing a fake driver’s license to establish a fake identity is a category E felony, which typically carries probation and a suspended sentence. (Though defendants with at least two prior felony convictions face one to four years in prison and up to $5,000 in fines.)

And selling or transferring a fake driver’s license is a category C felony, with penalties of one to 10 years in prison and up to $10,000 in fines.

All of Nevada’s fake driver’s license crimes and their penalties are listed in the table below:

Fake driver’s license crime	Nevada penalties
Possession of a fake driver’s license to drink, gamble, or purchase cigarettes (NRS 205.460)	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000¹
Selling or giving away a fake driver’s license to drink, gamble, or purchase cigarettes (NRS 205.460)	Gross misdemeanor: Up to 364 days in jail, and/or Up to $2,000 in fines²
Possessing a fake driver’s license to establish a fake identity (NRS 205.465)	Category E felony: Probation and a suspended sentence. But if the defendant has two or more prior felony convictions, the court may impose: 1 – 4 years in Nevada State Prison up to $5,000 (at the judge’s discretion)³
Selling or transferring a fake driver’s license (NRS 205.465)	Category C felony: 1 – 10 years in prison up to $10,000 (at the judge’s discretion)⁴
Possessing a fake driver’s license to commit forgery, debit or credit card fraud, or online fraud (NRS 205.465)	Category C felony: 1 – 10 years in prison up to $10,000 (at the judge’s discretion)⁵
Selling or transferring the personal identifying information of an adult 60 or older, a vulnerable person, or of five (5) or more people (NRS 205.465)	Category B felony: 1 – 20 years in prison up to $100,000⁶
Causing someone to suffer a financial loss or injury of $3,000 or more as a result of selling or giving away personal identification information (NRS 205.465)	Category B felony: 1 – 20 years in prison up to $100,000⁷

Note that minors under 18 caught with a fake ID card will be prosecuted in Nevada juvenile court, not adult criminal court. Juveniles who are adjudged delinquent likely face fines, community service requirements, and a suspension of their driver’s license.⁸

Also note that having a fake driver’s license may qualify as a crime involving moral turpitude.⁹ This means that non-citizens charged with a fake identification card crime should contact an attorney as soon as possible to try to get the charge dismissed or changed to a non-deportable offense.

How do I fight the charges?

Depending on the case and the specific charges, potential defenses to fake driver’s license charges in Nevada include:

The defendant never possessed the fake ID;
The defendant had no intent to defraud;
The police committed misconduct, such as an illegal search or seizure;
The ID was not fake, and the police made a mistake; and/or
The defendant was falsely accused.

How soon can the charges be sealed?

Any fake driver’s license crime that gets dismissed can be sealed from the defendant’s criminal record immediately. Otherwise, the waiting period to petition for a Nevada record seal depends on the class of crime the defendant was convicted of:

Fake ID conviction	Waiting period to get Nevada record seal
Misdemeanor	1 year after the case closes
Gross misdemeanor Category E felony	2 years after the case closes
Category C felony Category B felony	5 years after the case closes

Meanwhile, the majority of juvenile records seal automatically when the person turns 21. But defendants may be able to petition for a seal earlier once three (3) years have passed since they were adjudicated delinquent.¹⁰

What features do Nevada driver’s licenses have?

Nevada driver’s licenses and Nevada ID cards not only display the license holder’s name, date of birth, and other identifying information. Nevada state IDs also have the following physical security features and validation details:

hologram
ghost image
2d barcode
UV ink (that shows in black light)
teslin material
state seal
microprint battle born insignia
gold star (on real IDs)
fine line printing

Even still, there are no shortage of quality fake IDs – including scannable fake IDs – with all of the above features. Much of the time, even law enforcement officers and bouncers cannot distinguish between a Nevada fake ID and a real one issued by the DMV.

Group of law firm receptionists with headsets

Call our law firm for legal advice. We offer free consultations in Las Vegas, Carson City, and throughout the state of Nevada.

Legal References

NRS 205.460.
NRS 205.460.
NRS 205.465. Woloson v. Sheriff, Clark County, 93 Nev. 283, 564 P.2d 603. Fayer v. Vaughn, (9th Cir., 2011) 649 F.3d 1061.
NRS 205.465.
NRS 205.465.
NRS 205.465.
NRS 205.465.
NRS 62A-H.
See 8 USC § 1227.
NRS 179.245. NRS 179.255. NRS 62H.130.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.