NOTE: The following entry includes additional content to address the new Illinois requirements after Public Act 101-440 became effective. Since January 1, 2020, this Act amended the Criminal Identification Act and certain requirements for sealing criminal records.
When a police officer conducts a traffic stop for a vehicle code violation, or detains a person on suspicion of committing a crime, the officer has a right to ask for identification. If a person provides a false identity, such as giving a family member’s name, they can be arrested for obstructing identification. The crime is found in the criminal code at 720 ILCS 5/31-4.5. This offense was only became official in 2010 in Illinois.
The law in Illinois used to say that giving a false name was the Class 4 felony of obstruction of justice. The serious nature of the charge caused problems. Often, a person stopped in a vehicle or detained for questioning may have no criminal record and try to get out of trouble by giving a false name or date of birth. Under the old law, doing so was a felony offense with penalties of one to three years in prison and permanent record of conviction.
Adding to the seriousness of these penalties, a felony conviction can never be sealed or expunged. It is a part of a person’s criminal record forever. Whereas, misdemeanor offenses can be sealed or expunged.
That is why many reasonable prosecutors would reduce the charge to a Class A misdemeanor by calling it attempted obstruction of justice. This would allow the offender to get supervision, avoid a conviction, and potentially qualify for record sealing.
State law makers changed the law so that, starting January 1, 2010, giving a false name became obstructing identification.
These charges arise frequently in traffic stops where the driver does not have a valid license, or their driving privileges were suspended or revoked. In other cases, the driver may have a warrant for their arrest and give a false name to avoid being taken into custody.
Obstructing identification definition, penalties, & sentencing
The law says that giving a false name, date of birth, or even false address is a crime. It is a Class A misdemeanor with a maximum penalty of 364 days in jail and fines up to $2,500. The defendant can receive supervision, but even supervision gives a person a criminal record. Any guilty plea will go on your record, as many lawyers say.
Obstructing identification applies to any person. So in the example of a traffic stop, the passenger can be charged for giving a false name during a warrant check.
But requirements of 720 ILCS 5/31-4.5 apply only in three situations:
- A lawful arrest;
- A lawful detention (which includes a traffic stop); or
- Questioning of a witness to a crime.
In every case, the arrest, traffic stop, or detention must be lawful. If the defendant can prove the police violated the 4th Amendment because they had no probable cause, for instance, then the charge can be dismissed.
The law could be problematic because no other statute requires the witness to a crime to cooperate with the police. But Section 31-4.5 requires the witness to provide a true name, if that witness identifies themselves. A witness who refuses to cooperate cannot be charged with obstruction. But any witness who provides a false identity can be charged with obstructing identification.
Section 31-4.5 seems to avoid free speech problems with the 1st Amendment, because it does not require a person to provide their name under any circumstances. Under the 5th Amendment, no person can be compelled to incriminate themselves. This means a witness can plead the 5th, and a person arrested has the right to remain silent.
The United States Supreme Court has said that a motorist who refuses to speak at all when pulled over by law enforcement has a 1st Amendment right to do so. That decision was based on the laws of another state. But this issue has not been up to the Illinois Supreme Court.
