Virginia Destruction of Property and Vandalism Record Sealing

Can a destruction of property or vandalism conviction be sealed in Virginia? In many cases, yes. Virginia Code § 18.2-137 can result in a misdemeanor or Class 6 felony conviction, and both classifications may qualify for petition-based record sealing under § 19.2-392.12. Destruction of property is not automatically sealed, and eligibility depends on the final conviction, waiting period, criminal history, restitution, victim relationship, and other statutory requirements.

Virginia Destruction of Property and Vandalism Record Sealing Guide

Record Sealing Eligibility	Automatic Sealing
Misdemeanor vs. Felony	Waiting Period
Restitution	Related Property Offenses
CCRE & Background Checks	Property Damage FAQs

Related Virginia Record Relief Guides

Can a Destruction of Property Conviction Be Sealed in Virginia?

Yes. An eligible conviction for destruction of property under Virginia Code § 18.2-137 may qualify for petition-based record sealing under § 19.2-392.12.

Section 18.2-137 can result in a Class 3 misdemeanor, Class 1 misdemeanor, or Class 6 felony depending on the conduct and, for intentional property damage, the value of the property or amount of damage. Virginia’s petition-based sealing statute generally permits sealing of eligible misdemeanor and Class 5 or Class 6 felony convictions with offense dates on or after January 1, 1986.

A conviction under § 18.2-137 is not specifically excluded from § 19.2-392.12. The petitioner must nevertheless satisfy the applicable waiting period, criminal-history requirements, restitution requirement if restitution was ordered, petition limits, manifest-injustice requirement, and other statutory conditions.

What Is Destruction of Property Under Virginia Code § 18.2-137?

Virginia Code § 18.2-137 applies to unlawfully destroying, defacing, damaging, or removing real or personal property belonging to another without the intent to steal it. The statute also covers certain monuments, memorials, and property used to mark boundaries.

The statute separately addresses intentional injury to property and bases the offense classification in those cases on the value of the property or the amount of damage.

Although the word “vandalism” is commonly used to describe conduct such as damaging, breaking, painting, defacing, or otherwise injuring another person’s property, Virginia criminal charges involving this type of conduct are frequently prosecuted under § 18.2-137.

Is Vandalism a Separate Virginia Record Sealing Offense?

“Vandalism” is commonly used to describe property-damage offenses, but Virginia Code § 18.2-137 is the primary statute covering the destruction, defacing, damaging, or removal of another person’s property.

For record-sealing purposes, the exact Code section and final disposition are more important than the descriptive term used for the conduct. A court record or criminal history may identify the offense as destruction of property, property damage, injuring property, defacing property, or by reference to § 18.2-137.

Other specialized Virginia statutes also criminalize damage to particular types of property. Those offenses require their own eligibility analysis based on the statute and classification of the final conviction.

Is Destruction of Property a Misdemeanor or Felony in Virginia?

Virginia Code § 18.2-137 provides different classifications depending on the conduct and amount of damage.

Class 3 Misdemeanor Property Damage

Under § 18.2-137(A), unlawfully destroying, defacing, damaging, or removing qualifying property without the intent to steal is generally a Class 3 misdemeanor.

Because § 19.2-392.12 permits petition-based sealing of eligible misdemeanor convictions, a qualifying Class 3 misdemeanor conviction may potentially be sealed when the other statutory requirements are satisfied.

Class 1 Misdemeanor Destruction of Property

When a person who is not the owner intentionally causes the type of property injury addressed by § 18.2-137 and the value of the property or amount of damage is less than $1,000, the offense is a Class 1 misdemeanor.

An eligible Class 1 misdemeanor conviction may qualify for petition-based sealing under § 19.2-392.12.

Felony Destruction of Property

When intentional property damage under § 18.2-137 involves property valued at $1,000 or more or damage of $1,000 or more, the offense is a Class 6 felony.

Class 6 felonies are among the felony classifications that may qualify for petition-based sealing under § 19.2-392.12. A felony destruction of property conviction is therefore not automatically disqualified merely because it is a felony, although the felony waiting period and other statutory requirements apply.

Is Destruction of Property Automatically Sealed in Virginia?

No. Virginia Code § 18.2-137 is not one of the convictions specifically listed for automatic sealing under § 19.2-392.6.

An eligible destruction of property conviction generally requires a petition filed in Circuit Court under § 19.2-392.12.

This differs from offenses such as certain petit larceny, misdemeanor shoplifting, trespassing, and disorderly conduct convictions that are specifically included in Virginia’s automatic conviction-sealing law.

How Long Must I Wait to Seal a Destruction of Property Conviction?

The applicable waiting period depends on whether the final destruction of property conviction was a misdemeanor or felony.

An eligible misdemeanor conviction under § 18.2-137 generally has a seven-year waiting period. An eligible Class 6 felony conviction generally has a ten-year waiting period.

The waiting period does not necessarily begin on the original conviction date. Virginia Code § 19.2-392.12 measures the applicable period from the latest of certain events connected with the charge or conviction, which may include:

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 conviction; or
The date of release from incarceration following such a violation.

During the applicable seven-year or ten-year period, the petitioner generally cannot have another conviction meeting the criminal-history criteria identified by § 19.2-392.12. Virginia traffic infractions under Title 46.2 are excluded from this particular restriction.

Does Restitution Affect Destruction of Property Record Sealing?

Yes. Restitution can be particularly important in a destruction of property case because Virginia Code § 18.2-137 permits the court to order restitution for the property damage.

If a court ordered restitution as a condition of the charge, conviction, or ancillary matter that is the subject of the sealing petition, § 19.2-392.12 requires the restitution to have been paid in full before the court may enter a sealing order.

A person considering record sealing should therefore review the original sentencing order and court records to determine whether restitution was ordered and whether the court’s records show that the obligation was fully satisfied.

What If the Damaged Property Belonged to a Family or Household Member?

The identity of the victim can affect eligibility. Virginia Code § 19.2-392.12 excludes an offense where the victim of the crime to be sealed was a family or household member of the petitioner as defined by Virginia law.

This issue can arise in destruction of property cases involving damage to property belonging to a spouse, former spouse, family member, person who shares a child with the defendant, or another person who falls within the statutory definition of a family or household member.

A conviction under § 18.2-137 should therefore not be assumed eligible based only on its misdemeanor or Class 6 felony classification. The identity and relationship of the victim must also be considered.

What If Felony Destruction of Property Was Reduced to a Misdemeanor?

A destruction of property case may begin as a Class 6 felony based on an allegation that the property value or amount of damage was at least $1,000 but ultimately result in a misdemeanor conviction.

When the final conviction is a misdemeanor, the sealing analysis generally follows the misdemeanor classification, including the seven-year waiting period rather than the ten-year waiting period applicable to an eligible felony conviction.

The original felony arrest remains relevant because a felony arrest ordinarily generates criminal history information reported to the Virginia Central Criminal Records Exchange. The original charge, amended charge, final conviction, and CCRE criminal history should therefore be reviewed together when determining what records may be sealed.

Can a Deferred and Dismissed Destruction of Property Charge Be Sealed?

Potentially. Virginia Code § 19.2-392.12 permits a person who had an otherwise eligible misdemeanor or Class 5 or Class 6 felony charge deferred and dismissed to petition for sealing when the statutory requirements are satisfied.

The waiting period is measured using the deferred-dismissal rules in § 19.2-392.12, and the petitioner must satisfy the criminal-history, restitution if applicable, manifest-injustice, petition-limit, and other requirements.

A deferred dismissal is different from an ordinary dismissal, acquittal, or nolle prosequi. The exact final disposition should be confirmed before determining which Virginia record-relief procedure applies.

What If the Destruction of Property Charge Was Dismissed?

A destruction of property charge may be dismissed, nolle prossed, acquitted, deferred and dismissed, amended to another offense, or otherwise resolved without a conviction.

A non-conviction disposition can present a different record-relief analysis from a conviction. Depending on the disposition, offense date, criminal history, and other circumstances, Virginia’s automatic non-conviction sealing provisions or traditional expungement may apply.

The court record and corresponding CCRE criminal history should be reviewed before determining whether additional record relief is available or necessary.

Virginia has several specialized property-damage statutes in addition to § 18.2-137. Depending on the offense classification and the other requirements and exclusions in § 19.2-392.12, some of these convictions may also qualify for petition-based sealing.

Examples include:

§ 18.2-138 — Damaging public buildings: generally a Class 1 misdemeanor when the damage is less than $1,000 and a Class 6 felony when the damage is $1,000 or more;
§ 18.2-139 — Injuring trees, fences, or vegetation on certain public grounds: a Class 3 misdemeanor;
§ 18.2-140 — Destruction of trees, shrubs, plants, or turf: a Class 3 misdemeanor;
§ 18.2-143 — Pulling down fences or leaving gates open: a Class 4 misdemeanor;
§ 18.2-145.1 — Damaging or destroying certain research farm products: a Class 1 misdemeanor when the value is less than $1,000 and a Class 6 felony when the value is $1,000 or more; and
§ 18.2-146 — Damaging or tampering with a vehicle, aircraft, boat, or vessel: generally a Class 1 misdemeanor, with a Class 6 felony provision involving catalytic converters.

These offenses are not all treated identically. The exact statute and classification matter because Virginia’s ordinary petition-sealing law generally covers misdemeanors and Class 5 and Class 6 felonies, but not Class 1 through Class 4 felonies unless another specific statutory provision makes the offense eligible.

For example, certain damage to public services, utilities, or critical infrastructure under § 18.2-162 can be a Class 3 misdemeanor when the damage may be repaired for less than $1,000 but a Class 4 felony in more serious circumstances. The misdemeanor classification may potentially fall within § 19.2-392.12, while a Class 4 felony does not qualify merely under the general felony categories permitted by that section.

Some property-related statutes are also specifically excluded from petition-based sealing. The final Code section should therefore always be identified rather than assuming that every offense described generally as vandalism or property damage is eligible.

Destruction of Property, CCRE Records, and Criminal Background Checks

A destruction of property case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange.

A jailable misdemeanor or felony arrest or charge can generate CCRE criminal history information reflecting the original charge and its final disposition. This record is separate from the publicly accessible court case record.

This distinction can matter when a person is concerned about employment, professional licensing, housing, or other criminal background checks. A record identifying a person with intentional destruction of property or vandalism can remain significant even after all court obligations have been completed.

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 and provides the other notifications required by Virginia law.

What Other Requirements Apply to Destruction of Property Record Sealing?

Completing the applicable seven-year or 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 can affect eligibility are:

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 seven-year misdemeanor or ten-year felony conviction-free waiting period must have been satisfied;
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;
Rehabilitation may have to be demonstrated if the records indicate that the occurrence involved the use of or dependence upon alcohol, narcotic drugs, or another intoxicant;
The offense must not fall within one of the statutory exclusions, including the family or household member exclusion; 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.

Does Destruction of Property Record Sealing Require Manifest Injustice?

Yes. A petition to seal an eligible destruction of property conviction under § 19.2-392.12 is subject to the statute’s manifest-injustice requirement.

The court must find, among the other statutory requirements, that the continued existence and possible dissemination of information relating to the charge or conviction causes or may cause circumstances constituting a manifest injustice to the petitioner.

This is different from the special petition procedure under § 19.2-392.12:1 for certain offenses that are also designated for automatic sealing.

How Many Destruction of Property Sealing Petitions Can Be Granted?

Virginia Code § 19.2-392.12 generally permits a person to have no more than two petitions granted under that section during the person’s lifetime.

Multiple eligible charges or convictions arising from the same transaction or occurrence may be included in a single petition when the statutory requirements are satisfied.

The petitioner’s complete Virginia and national criminal history should therefore be reviewed before deciding which matters should be included in a petition for record sealing.

What Happens When a Destruction of Property Record Is Sealed?

A sealing order restricts ordinary public access to eligible criminal history record information and court records relating to the destruction of property or vandalism charge or conviction.

Sealing does not necessarily 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 identify the property-damage arrest, charge, or conviction.

How Do I Petition to Seal a Destruction of Property Conviction?

A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the destruction of property 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:

Confirming the exact property-damage statute and final disposition;
Determining whether the conviction is a misdemeanor or Class 6 felony;
Confirming that the offense date was on or after January 1, 1986;
Calculating the applicable seven-year misdemeanor or ten-year felony waiting period;
Reviewing the petitioner’s complete Virginia and national criminal history;
Determining whether the victim was a family or household member or another statutory exclusion applies;
Confirming that any court-ordered restitution has been paid in full;
Identifying related charges or eligible ancillary matters arising 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 applicable criminal-history, restitution, petition-limit, manifest-injustice, and other statutory requirements; and
Obtaining an order directing that the eligible criminal history information and court records be sealed.

Virginia Destruction of Property and Vandalism Record Sealing FAQs

Can a destruction of property conviction be sealed in Virginia?

Yes. An eligible misdemeanor or Class 6 felony conviction under Virginia Code § 18.2-137 may qualify for petition-based record sealing under § 19.2-392.12. The petitioner must satisfy the applicable waiting period, criminal history, restitution, petition-limit, manifest-injustice, and other statutory requirements.

Is vandalism the same as destruction of property in Virginia?

Vandalism is a common term used to describe conduct involving damaging or defacing property. Virginia Code § 18.2-137 is the primary statute addressing unlawfully or intentionally destroying, defacing, damaging, or removing another person’s property. Other specialized property-damage statutes may also apply depending on the property and conduct involved.

Is destruction of property automatically sealed in Virginia?

No. Virginia Code § 18.2-137 is not among the convictions specifically listed for automatic sealing under § 19.2-392.6. An eligible destruction of property conviction generally requires a petition under § 19.2-392.12.

How long do I have to wait to seal a destruction of property conviction?

An eligible misdemeanor conviction generally has a seven-year waiting period, while an eligible Class 6 felony conviction generally has a ten-year waiting period. The period runs from the latest applicable event identified by § 19.2-392.12, which may be later than the original conviction date.

Can felony destruction of property be sealed in Virginia?

Potentially. Intentional destruction of property under § 18.2-137 involving property or damage valued at $1,000 or more is a Class 6 felony. Class 6 felonies may qualify for petition-based sealing under § 19.2-392.12 when the other statutory requirements are satisfied.

Does restitution have to be paid before a destruction of property record can be sealed?

Yes, if restitution was ordered by the court as a condition of the charge, conviction, or ancillary matter that is the subject of the petition. Section 19.2-392.12 requires court-ordered restitution associated with the matter to be paid in full before a sealing order may be entered.

Can destruction of property involving a family or household member be sealed?

Virginia Code § 19.2-392.12 excludes an offense where the victim of the crime to be sealed was a family or household member of the petitioner as defined by Virginia law. The victim relationship must therefore be reviewed even when the destruction of property conviction would otherwise fall within an eligible misdemeanor or Class 6 felony category.

Does sealing destruction of property seal the CCRE criminal record?

When a court enters a qualifying sealing order under § 19.2-392.12, the Virginia Department of State Police seals the criminal history record information covered by the order. Corresponding eligible court records are also subject to sealing, although sealed information remains available for certain purposes authorized by Virginia law.

Talk to a Virginia Record Sealing Lawyer

Virginia Super Lawyers 2025 Riley & Wells Attorneys-At-Law A Virginia destruction of property or vandalism conviction may qualify for petition-based record sealing. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the exact property-damage charge, final disposition, misdemeanor or felony classification, criminal history, waiting period, restitution, CCRE record, and other statutory requirements to determine whether record sealing may be available.

9/2/2026