Virginia Credit Card Theft and Forgery Record Sealing
Can a Virginia credit card theft or credit card forgery charge or conviction be sealed? In many cases, yes. Credit card theft under Virginia Code § 18.2-192 is treated as grand larceny and punished as provided in § 18.2-95, while credit card forgery under § 18.2-193 is a Class 5 felony. Both offenses may potentially qualify for petition-based record sealing under Virginia Code § 19.2-392.12 when the applicable waiting period, criminal-history, restitution, and other statutory requirements are satisfied.
Virginia Credit Card Theft and Forgery Record Sealing Guide
Related Virginia Record Relief Guides
- Virginia Record Relief Guide
- Virginia Record Sealing Guide
- Virginia Expungement Guide
- Virginia Clean Slate Guide
Can Credit Card Theft or Forgery Be Sealed in Virginia?
Yes. Many Virginia credit card theft and credit card forgery convictions may qualify for petition-based record sealing. Although the two offenses are related, they reach eligibility through different provisions of Virginia law.
Credit card theft under § 18.2-192 is grand larceny and is punishable as provided in § 18.2-95. Virginia’s petition-based sealing statute specifically permits sealing of eligible grand-larceny and other qualifying larceny-based felony convictions.
Credit card forgery under § 18.2-193 is expressly classified as a Class 5 felony. Virginia Code § 19.2-392.12 permits petition-based sealing of eligible Class 5 felony convictions.
Eligibility is not automatic. The offense date generally must have been on or after January 1, 1986, and the petitioner must satisfy the applicable waiting period, criminal-history requirements, restitution requirement if applicable, lifetime petition limitation, manifest-injustice standard, and all other statutory requirements.
What Is the Difference Between Credit Card Theft and Credit Card Forgery?
Virginia has separate criminal statutes for credit card theft and credit card forgery. Although the offenses may arise from the same investigation or transaction, they prohibit different conduct and may appear as separate charges in the court and CCRE records.
Credit card theft under § 18.2-192 generally concerns unlawfully taking, obtaining, withholding, receiving, retaining, buying, or selling a credit card or credit card number. Credit card forgery under § 18.2-193 generally concerns falsely making, altering, signing, embossing, or using a forged credit card or related instrument with intent to defraud.
For record-sealing purposes, the precise Code section and final disposition should be identified because credit card theft and credit card forgery reach eligibility through different statutory classifications.
What Is Credit Card Theft Under Virginia Code § 18.2-192?
Virginia Code § 18.2-192 identifies several forms of credit card theft. The statute includes taking, obtaining, or withholding another person’s credit card or credit card number without the cardholder’s consent and receiving such a card or number with knowledge that it was unlawfully obtained and with intent to use, sell, or transfer it.
The statute also covers retaining a lost, mislaid, or mistakenly delivered credit card or credit card number with intent to use, sell, or transfer it, as well as certain unauthorized purchases, sales, or receipt of credit cards or card numbers.
Unlike ordinary larceny, credit card theft under § 18.2-192 does not depend on whether the credit card itself meets Virginia’s ordinary $1,000 grand-larceny value threshold. The statute provides that any violation of § 18.2-192 is grand larceny and is punishable as provided in § 18.2-95.
Gift Card Theft
Virginia Code § 18.2-192 also addresses gift card theft. The current statute provides that a person who, with intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the gift card holder, issuer, or seller is guilty of theft. A violation of § 18.2-192 is treated as grand larceny and punished under § 18.2-95.
Although this guide focuses primarily on credit card theft because that is the more common search and court-record terminology, an eligible gift card theft conviction under the same statute can raise a similar petition-based sealing analysis.
What Is Credit Card Forgery Under Virginia Code § 18.2-193?
Virginia Code § 18.2-193 creates a separate felony offense for credit card forgery. The statute covers several forms of fraudulent conduct involving credit cards and related financial instruments.
Credit card forgery can include:
- Falsely making or falsely embossing a purported credit card with intent to defraud;
- Uttering a falsely made or falsely embossed credit card;
- Signing a credit card without being the cardholder or an authorized person and with intent to defraud;
- Forging a sales draft or cash advance or withdrawal draft;
- Using a credit card number when the person is not the cardholder; or
- Uttering or attempting to use a forged draft as genuine while knowing that it is forged.
Credit card forgery under § 18.2-193 is a Class 5 felony. Because eligible Class 5 felonies are expressly included in § 19.2-392.12, a qualifying credit card forgery conviction may potentially be sealed by petition.
Gift Card Forgery
The current version of § 18.2-193 also makes it gift card forgery to alter or tamper with a gift card or its packaging with intent to defraud. Credit card and gift card forgery convictions under the statute are Class 5 felonies.
How Is Credit Card Forgery Different From Ordinary Forgery and Uttering?
Credit card forgery under § 18.2-193 is a specialized offense involving credit cards, card numbers, sales drafts, withdrawal drafts, and related conduct. Ordinary forgery and uttering involving other writings are generally prosecuted under Virginia Code § 18.2-172.
Both statutes can involve concepts such as forgery, fraudulent writings, and uttering, and both § 18.2-172 and § 18.2-193 classify the covered offenses as Class 5 felonies. However, they are separate criminal statutes with different elements and should be analyzed according to the actual conviction appearing in the court and criminal-history records.
For information about sealing a conviction under § 18.2-172, see our guide to Virginia Forgery and Uttering Record Sealing.
Why Can Credit Card Theft Qualify for Record Sealing?
Credit card theft presents a different statutory route to eligibility from credit card forgery. Section 18.2-192 provides that a violation is grand larceny and is punishable as provided in § 18.2-95.
Virginia Code § 19.2-392.12 permits petition-based sealing of eligible violations of § 18.2-95 and qualifying felony offenses treated as larceny and punished under § 18.2-95. Accordingly, an otherwise eligible credit card theft conviction may fall within the larceny-based felony category available for petition sealing.
The petitioner must still satisfy all other requirements of § 19.2-392.12. The fact that the offense is a potentially eligible type of felony does not by itself guarantee that the court will order the record sealed.
Credit Card Theft, Forgery, CCRE Records, and Background Checks
A credit card theft or forgery case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. Because these offenses are felonies, an arrest generally generates reportable criminal-history information.
The CCRE criminal history is separate from the publicly accessible court record. Depending on the history of the case, it may identify the original felony arrest and the later conviction, reduction, dismissal, amendment, or other final disposition.
This distinction can be particularly important with credit card offenses because the criminal record identifies allegations involving fraud, theft, or financial dishonesty. Such records may become relevant in employment background checks, banking and financial positions, retail employment, fiduciary or cash-handling positions, professional licensing, housing applications, and other situations in which criminal history information is considered.
When a court enters a qualifying sealing order under § 19.2-392.12, the clerk electronically notifies the Virginia Department of State Police. State Police then seals the criminal history record information covered by the order in accordance with Virginia law, and corresponding eligible court records are also subject to the sealing order.
How Long Must I Wait to Seal a Credit Card Theft or Forgery Conviction?
The general waiting period for an eligible felony credit card theft or credit card forgery conviction is ten years.
The ten-year period does not necessarily begin on the original arrest or conviction date. Virginia Code § 19.2-392.12 measures the applicable period from the latest event identified by the statute. Depending on the circumstances, the relevant event may include:
- The date of a deferred dismissal;
- The date of conviction;
- The date of release from incarceration;
- A later finding that the person violated a suspended sentence, probation, or parole related to the charge or conviction; or
- The date of release from incarceration following such a violation.
During the applicable ten-year period, the petitioner generally cannot have another conviction of the type identified by § 19.2-392.12. The petitioner’s complete Virginia and national criminal history should therefore be reviewed before determining whether the waiting-period requirements have been satisfied.
What If a Credit Card Felony Was Reduced to a Misdemeanor?
An arrest for felony credit card theft or credit card forgery does not always result in a felony conviction. Depending on the evidence, plea agreement, amendment of the charge, or other circumstances, the final disposition may be a misdemeanor offense.
When the final conviction is an eligible misdemeanor rather than a felony, the misdemeanor disposition generally carries a seven-year waiting period rather than the ten-year period applicable to an eligible felony conviction.
The original felony arrest remains important because it ordinarily generated corresponding CCRE criminal history information. The original charge, amended charge, final disposition, and criminal-history record should therefore be reviewed together when evaluating record-sealing eligibility.
What If the Credit Card Theft or Forgery Charge Was Dismissed?
A dismissed credit card theft or forgery charge presents a different record-relief analysis from a felony conviction. A charge may have been dismissed, nolle prossed, acquitted, deferred and dismissed, amended to another offense, or otherwise resolved without a conviction under § 18.2-192 or § 18.2-193.
Depending on the exact disposition, offense date, criminal history, and circumstances of the case, traditional expungement, automatic sealing of a qualifying non-conviction disposition, or another Virginia record-sealing procedure may apply.
A dismissal does not necessarily mean that every record of the original felony arrest or charge has disappeared. The arrest and final disposition may remain reflected in court or CCRE records until the applicable record-relief process has been completed.
Does Restitution Affect Credit Card Theft or Forgery Record Sealing?
Yes, when restitution was ordered in connection with the matter to be sealed. Credit card theft and forgery cases may involve alleged financial loss, and Virginia Code § 19.2-392.12 requires applicable court-ordered restitution associated with a charge, conviction, or ancillary matter that is the subject of the petition to have been paid in full before the court may grant the petition.
The sentencing order and court payment records should therefore be reviewed before filing. If restitution was ordered, the petitioner should confirm that the obligation has been completely satisfied.
Payment of restitution does not by itself establish eligibility. The petitioner must still satisfy the waiting period, criminal-history requirements, lifetime petition limitation, statutory exclusions, manifest-injustice requirement, and all other applicable provisions of the sealing statute.
What If There Were Credit Card Theft, Forgery, and Fraud Charges Together?
A single credit card investigation can result in several different criminal charges. A case may include credit card theft under § 18.2-192, credit card forgery under § 18.2-193, credit card fraud under § 18.2-195, identity theft, or additional fraud or larceny charges.
Each charge must be evaluated separately for record-sealing eligibility. The fact that a credit card theft or forgery conviction is eligible does not automatically make every companion offense eligible.
Virginia Code § 19.2-392.12 permits multiple eligible charges or convictions to be included in one petition when they arose from the same transaction or occurrence. Charges arising from different transactions or occurrences generally cannot be combined into the same petition merely because they were prosecuted together or involve similar conduct.
Are Credit Card Theft and Forgery Automatically Sealed in Virginia?
No. Credit card theft under § 18.2-192 and credit card forgery under § 18.2-193 are not among the convictions currently listed for automatic sealing under Virginia Code § 19.2-392.6.
An eligible conviction under either statute therefore generally requires petition-based sealing under § 19.2-392.12. The petitioner must file in Circuit Court and establish the statutory requirements before a sealing order may be entered.
What Other Requirements Apply to Credit Card Theft and Forgery Record Sealing?
Completing the ten-year waiting period does not by itself establish eligibility. Virginia Code § 19.2-392.12 requires additional findings before a court may grant a petition.
Among the requirements and issues that may affect eligibility are:
- The offense date generally must have been on or after January 1, 1986;
- The conviction must fall within a category eligible for petition-based sealing;
- The petitioner must never have been convicted of a Class 1 or Class 2 felony or another felony punishable by imprisonment for life;
- The petitioner must not have been convicted of a Class 3 or Class 4 felony during the 20 years before filing the petition;
- The petitioner must not have been convicted of another felony during the 10 years before filing the petition;
- The applicable ten-year felony conviction-free period must have been satisfied;
- If the records indicate that the occurrence involved the use of or dependence upon alcohol, narcotics, or another self-administered intoxicant or drug, the petitioner must demonstrate rehabilitation;
- Any court-ordered restitution associated with the matter to be sealed must have been paid in full;
- The petitioner must remain within the statutory lifetime limits for petitions granted under § 19.2-392.12;
- The offense and surrounding circumstances must not fall within a statutory exclusion from petition-based sealing;
- The victim of the offense must not have been a family or household member of the petitioner if the petition is proceeding under § 19.2-392.12; and
- The continued existence and possible dissemination of information relating to the charge or conviction must cause or may cause circumstances constituting a manifest injustice to the petitioner.
How Many Record Sealing Petitions Can Be Granted?
Virginia Code § 19.2-392.12 generally limits a person to two petitions granted during the person’s lifetime under that section. Multiple eligible charges or convictions arising from the same transaction or occurrence may be included in one petition when the statutory requirements are satisfied.
Because the limitation applies over a person’s lifetime, someone with multiple criminal records should review the complete criminal history before deciding which matters to petition to seal.
What Happens When a Credit Card Theft or Forgery Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible court records and criminal history record information relating to the credit card theft or forgery charge or conviction. When the case generated corresponding CCRE criminal history information, the sealing order can require the covered criminal history information to be sealed as well.
Sealing does not mean that every record of the case is physically destroyed. Virginia law continues to permit access to and dissemination of sealed information for specified criminal justice, law-enforcement, government, licensing, federal, national-security, and other purposes authorized by law.
For ordinary public purposes, however, sealing can substantially restrict access to records that would otherwise continue to reflect the felony arrest, conviction, reduction, dismissal, or other eligible disposition.
How Do I Petition to Seal a Credit Card Theft or Forgery Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the credit card case was disposed of. The petition identifies the charge or conviction, final disposition, court record, and any eligible ancillary matters the petitioner seeks to have sealed.
The petition process generally includes:
- Determining whether the original conviction was credit card theft under § 18.2-192, credit card forgery under § 18.2-193, or another credit card offense;
- Identifying every companion credit card, fraud, identity-theft, or larceny charge arising from the case;
- Reviewing the original charges and final disposition of each count;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether the applicable ten-year felony waiting period has been satisfied;
- Confirming that any court-ordered restitution has been paid in full;
- Determining whether multiple eligible charges arose from the same transaction or occurrence;
- Filing the petition in the appropriate Circuit Court;
- Providing the petition to the Commonwealth’s Attorney as required by statute;
- Requesting that the CCRE electronically forward the petitioner’s Virginia and national criminal history record to the court;
- Establishing the statutory eligibility requirements and manifest injustice; and
- Obtaining an order directing that the eligible criminal history information and court records be sealed.
Virginia Code § 19.2-392.12 does not require payment of court fees or costs for filing a petition under that section. If the Commonwealth’s Attorney does not object and makes the required statutory stipulations, the court may enter a sealing order without conducting a hearing.
Virginia Credit Card Theft and Forgery Record Sealing FAQs
Can a credit card theft conviction be sealed in Virginia?
Potentially. Credit card theft under Virginia Code § 18.2-192 is treated as grand larceny and punished as provided in § 18.2-95. An otherwise eligible conviction may qualify for petition-based sealing under § 19.2-392.12 when the waiting period, criminal-history, restitution, petition-limit, manifest-injustice, and other statutory requirements are satisfied.
Can a credit card forgery conviction be sealed in Virginia?
Potentially. Credit card forgery under Virginia Code § 18.2-193 is a Class 5 felony. Eligible Class 5 felony convictions may qualify for petition-based record sealing under § 19.2-392.12.
What is the difference between credit card theft and credit card forgery?
Credit card theft under § 18.2-192 generally concerns unlawfully taking, obtaining, withholding, receiving, retaining, buying, or selling a credit card or credit card number. Credit card forgery under § 18.2-193 concerns conduct such as falsely making, altering, signing, embossing, or using a forged credit card or related instrument with intent to defraud.
How is credit card forgery different from ordinary forgery and uttering?
Credit card forgery is specifically governed by § 18.2-193, while ordinary forgery and uttering involving other writings are generally prosecuted under § 18.2-172. Both statutes provide Class 5 felony punishment for the offenses they cover, but they are separate crimes with different elements.
How long do I have to wait to seal a credit card theft or forgery conviction?
The general waiting period for an eligible felony credit card theft or forgery conviction is ten years. The period runs from the latest applicable event identified by § 19.2-392.12 and may therefore begin later than the original conviction date.
Can a credit card felony reduced to a misdemeanor be sealed?
Potentially. When the final conviction is an eligible misdemeanor rather than a felony, the misdemeanor disposition generally has a seven-year waiting period rather than the ten-year period applicable to an eligible felony conviction. The original felony arrest and corresponding CCRE criminal history information should also be reviewed.
Are credit card theft and forgery automatically sealed in Virginia?
No. Credit card theft under § 18.2-192 and credit card forgery under § 18.2-193 are not among the convictions currently listed for automatic sealing under § 19.2-392.6. An eligible conviction generally requires petition-based sealing under § 19.2-392.12.
Does sealing a credit card theft or forgery conviction seal the CCRE criminal record?
When a court enters a qualifying sealing order under § 19.2-392.12, the Virginia Department of State Police is notified and seals the criminal history record information covered by the order. Corresponding eligible court records are also subject to the sealing order. Sealed information remains available for certain purposes authorized by Virginia law.
Talk to a Virginia Record Sealing Lawyer
A Virginia credit card theft or forgery arrest or conviction can leave both court records and corresponding CCRE criminal history information that may continue to affect background checks long after the criminal case has ended. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the original charges, final dispositions, criminal history, waiting period, restitution, related offenses, and other statutory requirements to determine whether petition-based record sealing may be available.
9/2/2026