Fake ID Lawyer in Jacksonville

Altered Date of Birth on Driver’s License – Florida Statute § 322.212(5)(b)

If you were arrested or issued a notice to appear in Jacksonville or Northeast Florida for a “fake ID,” you need to confirm the exact statute listed on your charging document.

In many cases involving altered identification, prosecutors charge Florida Statute §322.212(5)(b).

That subsection does not address using someone else’s ID. It specifically makes it unlawful:

“to have in his or her possession a driver license or identification card upon which the date of birth has been altered.”

This page focuses exclusively on that charge.

Mesic Law represents individuals charged with altered date of birth fake ID offenses in:

• Duval County (Jacksonville)
• Clay County (Orange Park)
• St. Johns County (St. Augustine)
• Nassau County (Fernandina Beach and surrounding areas)

If your case involves an allegation that the birth date on an ID was altered, this is the statute prosecutors rely on.

What § 322.212(5)(b) Actually Covers

Section (5)(b) is narrow:

It applies when:

• A person has in his or her possession
• A driver license or identification card
• Upon which the date of birth has been altered

The statute does not require proof that the entire ID is counterfeit.
It does not require manufacturing.

The focus is the alteration of the date of birth.

Is an Altered date of birth Fake ID a Felony?

The penalty section of the statute is critical.

Under § 322.212(6):

• Most violations of this statute are third-degree felonies.
• However, a violation of (5)(a) (false age in an application) or
• A violation of (5)(b) (possession of an ID on which the date of birth has been altered)

is classified as a second-degree misdemeanor.

That distinction matters.

A second-degree misdemeanor in Florida is punishable by:

• Up to 60 days in jail
• Up to 6 months probation
• A fine of up to $500

While this is not a felony-level exposure, it is still a criminal charge.

How Altered Date of Birth Fake ID Arrests Happen in Jacksonville

These cases usually arise from everyday situations.

Example: Jacksonville Bar Compliance Check (Duval County)

A 20-year-old presents a driver’s license at a Riverside bar. The bouncer notices irregularities in the birth date area. Law enforcement is called.

Officers examine the document and believe the date of birth has been altered.

The charge filed is § 322.212(5)(b) — possession of a driver’s license upon which the date of birth has been altered.

The allegation is not forgery of the entire document. The allegation is alteration of the DOB.

Example: Traffic Stop in Clay County

A driver is stopped for speeding. During the interaction, the officer requests identification.

The ID presented shows signs that the birth date field has been tampered with. Based on that observation, the officer initiates charges under (5)(b).

Example: Event Entry in St. Johns County

During a concert near St. Augustine, security questions an ID because it appears to be fake. Law enforcement is involved and gives a break to the person in possession of the fake ID and instead of charging them with a felony, charges a misdemeanor under §322.212(5)(b).

Example: Booking Inventory in Nassau County

An individual arrested for a separate matter is booked into the Nassau County jail. During property inventory, officers discover an identification card where the birth date appears altered.

Possession alone may trigger the subsection.

Why the Exact Subsection Matters

Florida Statute § 322.212 contains multiple fake ID-related offenses.

If prosecutors believe the document is counterfeit or forged, they may proceed under:

• § 322.212(1)
• Or separate forgery statutes under Chapter 831

Those are felony-level offenses.

Section (5)(b) is different. It addresses altered date of birth and is specifically treated as a second-degree misdemeanor under subsection (6).

Why a Misdemeanor Fake ID Charge Still Matters

Even though (5)(b) is classified as a second-degree misdemeanor, the consequences may include:

• A criminal record
• Court supervision
• Educational discipline
• Employment disclosure requirements
• Professional licensing questions

For students in Jacksonville, Orange Park, St. Augustine, and Nassau County, the long-term impact can extend beyond the courtroom.

Parents: What If Your Child Was Charged With an Altered DOB Fake ID?

Parents often assume a fake ID charge is minor.

If your child is over 18, the case proceeds in adult court. If under 18, juvenile court procedures apply.

Before resolving the case, confirm:

• The exact statute charged
• Whether it is limited to (5)(b)
• Whether additional charges were filed
• Whether the document is alleged to be altered or counterfeit

The goal should be protecting your child’s future opportunities.

Frequently Asked Questions – Altered Date of Birth Fake ID Charges

1. What statute covers altered date of birth fake ID in Florida?

Florida Statute § 322.212(5)(b).

2. Is this a felony?

No. Under § 322.212(6), a violation of (5)(b) is a second-degree misdemeanor.

3. Does the entire ID have to be fake?

The statute addresses possession of a license or ID “upon which the date of birth has been altered.”

4. What if I did not personally alter the date?

The statute addresses possession of the altered ID. 

5. Can I go to jail in Duval County for this?

The maximum penalty for a second-degree misdemeanor includes up to 60 days in jail.

6. Will this show up on a background check?

A criminal charge or conviction will appear unless later sealed or expunged. 

7. Is this the same as forgery?

No. Forgery involves broader document alteration under separate statutes.

8. Does this apply to out-of-state IDs?

The statute applies to a driver license or identification card; the definition section includes those issued by other jurisdictions.

9. What counties do you serve?

Duval, Clay, St. Johns, and Nassau Counties.

10. Can this affect my college enrollment?

Yes, any criminal charge can effect admissions.

11. Is this worse if alcohol was involved?

Alcohol-related offenses may be charged separately.

12.  What if the birth date field just looked damaged?

The allegation will center on whether the DOB was “altered.”

13. Can I just pay a fine?

This is a criminal charge, not a civil citation.

14. Do I need a lawyer for a misdemeanor fake ID?

Yes, you should consult a criminal defense attorney to understand exactly what you are facing and what the state can do with this charge. 

Fake ID Defense Lawyer in Jacksonville Serving Northeast Florida

If you were charged under Florida Statute § 322.212(5)(b) in:

• Duval County
• Clay County
• St. Johns County
• Nassau County

Mesic Law represents clients charged with both misdemeanor altered DOB fake ID cases and felony-level counterfeit ID offenses throughout Northeast Florida.

If you are facing an altered date of birth fake ID charge in Jacksonville or surrounding counties, consult with an experienced criminal defense attorney to review your case.