Forging or Counterfeiting a Driver's License in California: Penal Code 470a PC

Forging, counterfeiting, or altering a driver's license or government identification card is a serious felony-level offense in California.

California Penal Code Section 470a PC governs this offense and penalizes creating, altering, reproducing, or possessing a fake driver's license or official ID card with the intent to use it to facilitate a forgery or defraud another party.

Many people assume creating or modifying a driver's license is a minor infraction—especially if they use it simply to change an age or name.

However, California law classifies PC 470a as a "wobbler" offense, meaning prosecutors can charge it as either a misdemeanor or a felony. A felony conviction under Penal Code 470a PC carries potential multi-year jail sentences, heavy fines, and a lasting criminal record.

What Is the Statutory Language of PC 470a?

The exact statutory text of California Penal Code 470a PC establishes the prohibited acts surrounding fraudulent driver's licenses and official identification cards:

"Every person who alters, forges, counterfeits, causes to be altered, forged, or counterfeited, or knowingly has in his or her possession any altered, forged, or counterfeited driver's license or identification card issued by any governmental agency with the intent that such driver's license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison."

What Are the Key Statutory Definitions Under PC 470a?

To understand how California courts evaluate PC 470a allegations, it is essential to review the key legal terms that define the offense:

Driver's License or Identification Card: Includes any official driving privilege card or identification card issued by the California Department of Motor Vehicles (DMV), an out-of-state motor vehicle agency, the federal government, or any foreign government body.
Alters, Forges, or Counterfeits: "Altering" means changing, erasing, adding to, or modifying an authentic document. "Forging" or "counterfeiting" means creating, duplicating, or reproducing a fake card from scratch or producing a document designed to closely resemble an official government ID.
Knowing Possession: Having actual physical custody or constructive control over an altered or counterfeit driver's license while aware that the card is forged or falsified.
Intent to Facilitate Forgery: The specific mental state (mens rea) where an individual acts with the explicit goal or purpose of using—or allowing someone else to use—the altered or fake ID to deceive another party, cause financial or property loss, or compromise a legal right.

What Must Prosecutors Prove to Convict You Under PC 470a?

To secure a conviction for forging or counterfeiting a driver's license under Penal Code 470a PC, the prosecution must prove all of the following legal elements beyond a reasonable doubt (CALCRIM No. 1920):

Prohibited Act: You altered, forged, counterfeited, duplicated, or reproduced a driver's license or government-issued identification card (or caused it to be done), OR knowingly possessed an altered, forged, or counterfeit driver's license or government ID.
Knowledge: You knew the driver's license or identification card was altered, forged, or counterfeited when you performed the act or possessed the document.
Intent to Facilitate Forgery: When you performed the act or possessed the card, you acted with the specific intent that the card be used to commit or facilitate a forgery.

Note: Prosecutors are not required to prove that anyone was actually defrauded or that financial or legal loss occurred. The criminal act is complete once the document is altered or possessed with the requisite intent.

What Are the Penalties for a PC 470a Conviction in California?

Penal Code 470a PC is a "wobbler" offense in California. Prosecutors decide whether to file misdemeanor or felony charges based on the case circumstances, the scope of the forgery operation, the intended financial loss, and the defendant's prior criminal history.

Misdemeanor Penalties

If convicted of misdemeanor PC 470a, potential penalties include:

Up to 1 year in county jail
Maximum fines up to $1,000
Summary (informal) probation

Felony Penalties

If convicted of felony PC 470a, potential penalties include:

Imprisonment in county jail for 16 months, 2 years, or 3 years under California realignment
Maximum fines up to $10,000
Formal felony probation and court supervision

Collateral Consequences

A conviction for driver's license forgery carries severe long-term ramifications beyond jail time:

Immigration Consequences: Classified as a crime involving moral turpitude (CIMT), leading to potential deportation or inadmissibility for non-citizens.
Professional Licensing: Loss, suspension, or revocation of professional state licenses (e.g., medical, law, real estate, or contractor licenses).
Driver's License Suspension: Court-ordered DMV license suspension under California Vehicle Code provisions for fraud-related license offenses.

Summary Comparison of Driver's License and Identity Fraud Offenses

The following table compares Penal Code 470a PC against other related driver's license and identification offenses in California:

California Code Section	Prohibited Act / Primary Focus	Offense Classification & Maximum Penalties
Penal Code 470a PC	Altering, forging, counterfeiting, or making a driver's license/ID with intent to facilitate forgery	Wobbler (Up to 1 year jail for Misdemeanor / 16 months, 2, or 3 years for Felony)
Penal Code 470b PC	Possessing or displaying a fake driver's license or government ID card with intent to commit fraud	Wobbler (Up to 1 year jail for Misdemeanor / 16 months, 2, or 3 years for Felony)
Vehicle Code 14610 VC	Unlawful possession, alteration, or lending of a driver's license without needing to prove fraudulent intent	Misdemeanor (Up to 6 months in county jail; fine up to $1,000)

How Can You Defend Against PC 470a Charges?

An experienced California criminal defense lawyer can evaluate the facts of your case to apply effective legal defenses against PC 470a charges:

Lack of Intent to Facilitate Forgery

The defining element of a PC 470a charge is the specific intent to commit or facilitate a forgery. If you modified or possessed a driver's license as a novelty item, theatrical prop, prank, or without any intention to deceive a bank, business, or official entity, the prosecution cannot meet its burden of proof.

Lack of Knowledge

You cannot be convicted of possessing a forged driver's license under PC 470a unless you knew the document was fake, altered, or counterfeit. If someone handed you a wallet or document folder containing a falsified ID without your knowledge, you are not criminally liable.

Unlawful Search and Seizure

If law enforcement officers found the forged driver's license during an illegal traffic stop, an unconstitutional search of your wallet or vehicle, or a search warrant without probable cause, your attorney can file a Motion to Suppress Evidence under California Penal Code 1538.5 PC. Suppressing the physical ID evidence often results in a full dismissal of charges.

What Is a Hypothetical Example of a PC 470a Case?

Consider a scenario where an individual in Los Angeles operates a graphic design studio. A client approaches them offering to pay cash to create five high-quality, counterfeit California driver's licenses featuring altered names, photos, and birthdates.

The designer uses specialized PVC card printers and holographic overlays to duplicate official DMV security features.

A few days later, police officers execute a search warrant on the studio regarding an unrelated matter and discover the completed counterfeit licenses, blank card stock, and digital templates on the computer hard drive.

In this scenario, the designer can be charged with felony PC 470a. Although the designer did not attempt to use the fake driver's licenses, they manufactured and duplicated counterfeit government identification cards with clear knowledge and intent that the cards would be used to commit forgery or fraud.

What Are Related Offenses for Penal Code 470a PC?

Related California laws matter because prosecutors frequently combine these charges or offer plea bargains reducing a PC 470a charge to an alternative statute based on intent and evidence.

Penal Code 470 PC – General Forgery: Covers signing another person's name or falsifying financial and legal documents without authorization to commit fraud.
Penal Code 470b PC – Possession of Fake Driver's License or ID: Focuses specifically on displaying or possessing a forged identification card with fraudulent intent.
Penal Code 472 PC – Forgery of a Public Seal: Prohibits counterfeiting, forging, or possessing fake government seals, such as the official state seal on a driver's license.
Penal Code 529 PC – False Personation: Makes it illegal to falsely impersonate another real person to expose them to legal liability or obtain an unauthorized benefit.
Vehicle Code 13004 VC – Unlawful Acts Related to Identification Cards: Prohibits altering, borrowing, lending, or possessing fraudulent state identification cards.
Vehicle Code 14610 VC – Unlawful Acts Related to Driver's Licenses: Prohibits possessing, displaying, or modifying driver's licenses without requiring prosecutors to prove fraudulent intent.

Frequently Asked Questions (FAQs)

What is the primary difference between PC 470a and PC 470b?

Penal Code 470a PC targets anyone who alters, forges, manufactures, or knowingly possesses a fake driver's license to facilitate forgery. Penal Code 470b PC targets someone who possesses or displays a forged ID card with the intent to commit fraud.

Is forging an out-of-state or foreign driver's license illegal under PC 470a?

Yes. Penal Code 470a PC explicitly applies to driver's licenses and identification cards issued by "any governmental agency," which includes other U.S. states, federal departments, and international government bodies.

Can a felony PC 470a conviction be reduced to a misdemeanor later?

Yes. If you are convicted of a felony PC 470a offense and successfully complete formal probation without serving time in state prison, your attorney can petition the court under Penal Code 17(b) PC to reduce the conviction to a misdemeanor.

Will a PC 470a charge affect my immigration status?

Yes. Forging or counterfeiting a government driver's license is classified as a crime involving moral turpitude (CIMT) under federal immigration law. A conviction can lead to deportation, denial of reentry, or inadmissibility for non-citizens.

Can I expunge a PC 470a conviction from my record?

Yes. If you complete all terms of probation, pay required fines, and have no pending criminal charges, you can petition the court to dismiss the conviction under California Penal Code 1203.4 PC.

Learn How Our Law Firm Can Help You

Facing charges for forging or counterfeiting a driver's license under California Penal Code 470a PC carries severe legal risks, including jail or prison time, a criminal record, and lasting personal consequences.

At our criminal defense law firm, our experienced California defense attorneys have a proven track record of challenging forgery allegations. We investigate law enforcement actions, challenge search warrants, show a lack of fraudulent intent, and negotiate with prosecutors to reduce charges to lesser misdemeanors or seek dismissal.

Contact the Esfandi Law Group today to schedule a free, confidential case evaluation:

Direct Line: (310) 274-6529
Services: 24/7 Criminal Defense Representation Across California

Forgery of Drivers License