$199 File for Expungement in Virginia

Can You Seal a Misdemeanor in Virginia?

Table of Contents

  1. Understanding Misdemeanor Classes in Virginia
  2. Which Misdemeanors Can Be Sealed?
  3. Common Misdemeanors People Seek to Expunge
  4. Misdemeanor Convictions: Limited but Evolving Options
  5. General District Court vs. Circuit Court Misdemeanors
  6. Virginia’s 2021 Reforms and Expanded Sealing Eligibility
  7. The Process for Sealing a Misdemeanor Charge
  8. Practical Tips for Your Misdemeanor Expungement

Misdemeanor charges are the most common type of criminal charge in Virginia. While less serious than felonies, they still create arrest records that can follow you for years. The short answer is yes, you can seal a misdemeanor charge under the right circumstances.

Understanding Misdemeanor Classes in Virginia

Class 1 Misdemeanors

Up to 12 months in jail and $2,500 fine. Includes petit larceny, simple assault, DUI/DWI.

Class 2 Misdemeanors

Up to 6 months in jail and $1,000 fine. Includes aggressive driving, certain trespassing.

Class 3 Misdemeanors

Fine of up to $500 only. Includes certain hunting and fishing violations.

Class 4 Misdemeanors

Fine of up to $250 only. Includes public intoxication.

Important: The class of misdemeanor does not determine whether it can be sealed. What matters is the outcome of the case.

Which Misdemeanors Can Be Sealed?

Dismissed Charges

Eligible for expungement regardless of class.

Acquittals (Not Guilty Verdicts)

One of the strongest foundations for an expungement petition.

Nolle Prosequi

Eligible when the Commonwealth’s Attorney declined to prosecute.

Critical Rule: If you pled guilty or were found guilty, the traditional expungement path under § 19.2-392.2 is generally not available.

Common Misdemeanors People Seek to Expunge

  • Petit Larceny (Shoplifting) – Damaging to employment in retail, banking, financial trust positions
  • Simple Assault and Battery – Red flags for healthcare, education, childcare employers
  • Drunk in Public – Embarrassing and potentially harmful to professional reputation
  • Trespassing – Often arises from misunderstandings
  • Disorderly Conduct – Frequently dismissed or nolle prosequi’d
  • Drug Possession (Pre-Legalization Marijuana) – Strong candidates given legalization

Misdemeanor Convictions: Limited but Evolving Options

The landscape has been changing with marijuana conviction sealing, broader record sealing legislation, and pardons.

General District Court vs. Circuit Court Misdemeanors

Regardless of which court handled your case, the expungement petition is always filed in the circuit court.

Virginia’s 2021 Reforms

Key reforms include expanded categories of sealable offenses, automatic sealing provisions, and marijuana-specific provisions.

Implementation Note: Some provisions have been delayed or modified. Check current Virginia law.

The Process for Sealing a Misdemeanor Charge

  1. Verify your eligibility
  2. Obtain your criminal history record
  3. Prepare your expungement petition
  4. Get fingerprinted
  5. File with the circuit court
  6. Serve the Commonwealth’s Attorney
  7. Attend the hearing
  8. If granted, the court enters an expungement order

Practical Tips

  • Gather specific evidence of harm
  • Consider the timing
  • Highlight the nature of the charge
  • Show your track record
  • Address any other charges