Virginia Embezzlement Record Sealing
Can an embezzlement charge or conviction be sealed in Virginia? In many cases, yes. Virginia Code § 18.2-111 provides that a person convicted of embezzlement is deemed guilty of larceny and punished under either § 18.2-95 or § 18.2-96. Virginia Code § 19.2-392.12 specifically permits petition-based sealing of eligible misdemeanors, Class 5 and Class 6 felonies, grand larceny under § 18.2-95, and other felony offenses in which the defendant is deemed guilty of larceny and punished under § 18.2-95. Eligibility depends on the final disposition, offense date, criminal history, waiting period, restitution, and the other statutory requirements.
Virginia Embezzlement Record Sealing Guide
Related Virginia Record Relief Guides
- Virginia Record Relief Guide
- Virginia Record Sealing Guide
- Virginia Expungement Guide
- Virginia Clean Slate Guide
Can an Embezzlement Conviction Be Sealed in Virginia?
Yes. Many Virginia embezzlement convictions may qualify for petition-based record sealing. Virginia Code § 18.2-111 provides that a person convicted of embezzlement is deemed guilty of larceny and punished as provided in § 18.2-95 or § 18.2-96.
Virginia Code § 19.2-392.12 expressly permits petition-based sealing of a violation of § 18.2-95 and any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95. This language can make an otherwise eligible felony embezzlement conviction subject to petition-based sealing even though it is not simply classified as a Class 5 or Class 6 felony.
Misdemeanor embezzlement may also qualify for petition-based sealing under the statute’s general provisions governing eligible misdemeanor convictions. In either situation, the offense date generally must have occurred on or after January 1, 1986, and the petitioner must satisfy the remaining statutory requirements.
Is Embezzlement a Felony or Misdemeanor in Virginia?
The punishment for embezzlement under § 18.2-111 is tied to Virginia’s larceny statutes. The value of the money or property involved can therefore determine whether the offense is punished as felony grand larceny under § 18.2-95 or misdemeanor petit larceny under § 18.2-96.
Felony Embezzlement
When the value and circumstances place the offense within § 18.2-95, the embezzlement is punished as felony grand larceny. Section 18.2-95 generally applies to simple larceny of property valued at $1,000 or more, larceny from the person of property valued at $5 or more, and larceny of a firearm regardless of value.
For record-sealing purposes, felony embezzlement is important because § 19.2-392.12 does not limit eligible felony petitions to Class 5 and Class 6 felonies. The statute separately includes felony offenses in which the defendant is deemed guilty of larceny and punished under § 18.2-95.
Misdemeanor Embezzlement
When the offense is punished under § 18.2-96, it is treated as misdemeanor petit larceny punishment. Petit larceny is a Class 1 misdemeanor. An otherwise eligible misdemeanor embezzlement conviction may qualify for petition-based sealing under § 19.2-392.12.
Misdemeanor embezzlement under § 18.2-111 should not be confused with a conviction directly under § 18.2-96. Although § 18.2-111 uses the punishment provided by § 18.2-96, the conviction remains an embezzlement conviction under § 18.2-111. It therefore generally requires petition-based sealing rather than being treated as an automatically sealed petit larceny conviction.
Why Can a Felony Embezzlement Conviction Be Sealed?
Virginia’s petition-based record-sealing statute creates several categories of potentially eligible convictions. These include misdemeanors, Class 5 felonies, Class 6 felonies, grand larceny under § 18.2-95, and other felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95.
Embezzlement fits within the special larceny provision because § 18.2-111 expressly states that a person convicted of embezzlement is deemed guilty of larceny and is punished under § 18.2-95 or § 18.2-96.
This is important because felony embezzlement can carry the punishment provided for grand larceny rather than being classified simply as a Class 5 or Class 6 felony. The specific larceny language in § 19.2-392.12 provides the potential path to sealing.
Embezzlement, CCRE Records, and Criminal Background Checks
An embezzlement case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. Felony arrests are reportable to the CCRE, and jailable misdemeanor offenses under Title 18.2 are also generally reportable.
If a reportable embezzlement charge is initiated by summons rather than a custodial arrest, the timing of CCRE reporting can be different. Virginia law generally delays mandatory reporting for a qualifying summons case until a conviction or another specified reportable disposition occurs.
This distinction can be particularly important in an embezzlement case because the existence of a theft- or dishonesty-related criminal history record may affect employment background checks, professional licensing, financial or fiduciary positions, housing applications, and other matters 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 and provides notice to other entities as required by Virginia law.
How Long Must I Wait to Seal an Embezzlement Conviction?
The applicable waiting period depends on whether the final embezzlement disposition is a felony or misdemeanor.
Felony Embezzlement
The general waiting period for an eligible felony embezzlement conviction is ten years.
Misdemeanor Embezzlement
The general waiting period for an eligible misdemeanor embezzlement conviction is seven years.
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 event specified by the statute. Depending on the circumstances, that event 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 criminal conviction of the type identified by § 19.2-392.12. The complete Virginia and national criminal history should therefore be reviewed when calculating eligibility.
What If a Felony Embezzlement Charge Was Reduced to a Misdemeanor?
A felony embezzlement arrest does not always result in a felony conviction. Depending on the value of the property, the evidence, a plea agreement, or other circumstances, the final disposition may be misdemeanor embezzlement or another misdemeanor offense.
When a felony embezzlement charge results in a misdemeanor conviction, the final disposition is important to the sealing analysis. An eligible misdemeanor generally has a seven-year waiting period rather than the ten-year period applicable to an eligible felony conviction.
The original felony arrest can remain relevant because it ordinarily generated CCRE criminal history information. The petition should therefore be based on the complete history of the case, including the original felony charge, amended charge, final disposition, and corresponding criminal history record.
What If the Embezzlement Charge Was Dismissed?
A dismissed embezzlement charge presents a different record-relief issue from an embezzlement conviction. A charge may have been dismissed, nolle prossed, acquitted, deferred and dismissed, or otherwise resolved without a conviction.
Depending on the exact disposition, offense date, criminal history, and other circumstances, traditional expungement or one of Virginia’s record-sealing procedures may apply. The final court disposition should be reviewed before determining the appropriate form of record relief.
A dismissal also does not necessarily mean that all records of a reportable felony or misdemeanor charge have disappeared. The arrest or charge and subsequent disposition may remain reflected in court or CCRE records until those records are expunged or sealed under an applicable provision of Virginia law.
Does Restitution Affect Embezzlement Record Sealing?
Yes. Restitution can be particularly important in an embezzlement case. Virginia Code § 19.2-392.12 provides that when restitution was ordered as a condition of a charge, conviction, or ancillary matter that is the subject of the petition, the restitution must have been paid in full before the court may grant the sealing petition.
A petitioner should therefore review the sentencing order and court payment records before filing. If restitution was ordered, the record should establish that the obligation has been fully satisfied.
Payment of restitution does not by itself make the case eligible for sealing. The petitioner must still satisfy the applicable waiting period, criminal-history requirements, petition limits, manifest-injustice requirement, and the other provisions of § 19.2-392.12.
What Other Requirements Apply to Embezzlement Record Sealing?
In addition to the applicable waiting period and restitution requirement, Virginia Code § 19.2-392.12 requires the court to make several other findings before granting a petition.
Among the requirements and issues that may 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 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;
- The offense and surrounding circumstances must not fall within one of the statutory exclusions from petition-based sealing; 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 may be included in one petition when they arose from the same transaction or occurrence and satisfy the statutory requirements.
Because this is a lifetime limit, a person with multiple criminal records should review the complete criminal history before deciding which matters to petition to seal.
Can Related Larceny or Fraud Charges Be Sealed Too?
An embezzlement case may involve additional charges arising from the same transaction or occurrence. Depending on the circumstances, related offenses involving larceny, false pretenses, forgery, or other property or financial crimes may also qualify for record sealing.
Virginia Code § 19.2-392.12 permits a petition to include multiple eligible charges or convictions when they arose from the same transaction or occurrence. Each charge must independently be eligible for sealing.
This can be important when one criminal case involved several counts or when an original felony embezzlement charge was amended as part of the final disposition.
What Happens When an Embezzlement Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible court records and criminal history record information relating to the embezzlement charge or conviction. When the case generated corresponding CCRE criminal history information, the sealing order can require that covered criminal history information to be sealed as well.
Sealing is different from physically destroying every record of the case. 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 embezzlement arrest, charge, conviction, or other eligible disposition.
How Do I Petition to Seal an Embezzlement Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the embezzlement case was disposed of. The petition must identify 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 original embezzlement charge under § 18.2-111 and the final disposition;
- Determining whether the offense was punished as felony grand larceny under § 18.2-95 or misdemeanor petit larceny under § 18.2-96;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether the seven-year misdemeanor or ten-year felony waiting period applies;
- Confirming that any court-ordered restitution has been paid in full;
- Identifying related charges or 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 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 Embezzlement Record Sealing FAQs
Can an embezzlement conviction be sealed in Virginia?
Yes. Many Virginia embezzlement convictions may qualify for petition-based sealing. Virginia Code § 18.2-111 provides that a person convicted of embezzlement is deemed guilty of larceny and punished under § 18.2-95 or § 18.2-96. An eligible conviction may be sealed when the requirements of § 19.2-392.12 are satisfied.
Can a felony embezzlement conviction be sealed?
Potentially. Virginia Code § 19.2-392.12 specifically includes felony offenses in which the defendant is deemed guilty of larceny and punished under § 18.2-95. Felony embezzlement under § 18.2-111 can fall within this provision if the other eligibility requirements are satisfied.
Why is felony embezzlement eligible if it is not a Class 5 or Class 6 felony?
Virginia’s petition-sealing statute contains a separate provision for grand larceny under § 18.2-95 and other felony offenses in which the defendant is deemed guilty of larceny and punished under § 18.2-95. Section 18.2-111 expressly provides that a person convicted of embezzlement is deemed guilty of larceny and punished under the larceny statutes.
How long do I have to wait to seal an embezzlement conviction?
The general waiting period is ten years for an eligible felony embezzlement conviction and seven years for an eligible misdemeanor embezzlement conviction. The period runs from the latest applicable event identified by Virginia Code § 19.2-392.12 and may begin later than the original conviction date.
Can misdemeanor embezzlement be sealed in Virginia?
Potentially. When an embezzlement conviction is punished under § 18.2-96, it is subject to misdemeanor punishment. An otherwise eligible misdemeanor embezzlement conviction may qualify for petition-based sealing under § 19.2-392.12.
Can a felony embezzlement charge reduced to a misdemeanor be sealed?
Potentially. When the final conviction is a misdemeanor rather than a felony, the sealing analysis is based on the final disposition and the other records associated with the case. An eligible misdemeanor generally has a seven-year waiting period rather than the ten-year period applicable to an eligible felony conviction.
Does restitution have to be paid before an embezzlement conviction can be sealed?
Yes, when restitution was ordered as a condition of the charge, conviction, or ancillary matter being sealed. Virginia Code § 19.2-392.12 requires that such court-ordered restitution be paid in full before the court may grant the petition.
Does sealing an embezzlement 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 embezzlement 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 embezzlement charge, final disposition, criminal history, waiting period, restitution, related charges, and other statutory requirements to determine whether petition-based record sealing may be available.
9/2/2026