Virginia Obtaining Money by False Pretenses Record Sealing
Can an obtaining money by false pretenses charge or conviction be sealed in Virginia? In many cases, yes. Virginia Code § 18.2-178 provides that a person who obtains money, a gift certificate, or other property by false pretenses with intent to defraud is deemed guilty of larceny. Depending on the value involved, the offense may be punished as misdemeanor petit larceny or felony grand larceny, and either disposition may potentially qualify for record sealing under Virginia Code § 19.2-392.12. Obtaining a signature by false pretenses is different because that offense is classified as a Class 4 felony.
Virginia False Pretenses 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 Obtaining Money by False Pretenses Conviction Be Sealed in Virginia?
Yes. Many Virginia convictions for obtaining money or property by false pretenses may qualify for petition-based record sealing. Virginia Code § 18.2-178 provides that a person who obtains money, a gift certificate, or other property that may be the subject of larceny by a false pretense or token, with intent to defraud, is deemed guilty of larceny of that property.
The resulting punishment depends on the value and circumstances of the property involved. When the offense is punished as misdemeanor petit larceny, an otherwise eligible misdemeanor conviction may qualify for sealing under § 19.2-392.12. When the offense is a felony in which the defendant is deemed guilty of larceny and punished under § 18.2-95, it falls within the special larceny-based felony category expressly included in Virginia’s petition-sealing statute.
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, lifetime petition limit, manifest-injustice standard, and the other provisions of § 19.2-392.12.
What Is the Difference Between Obtaining Money or Property and Obtaining a Signature by False Pretenses?
Virginia Code § 18.2-178 covers two distinct forms of false pretenses. That distinction is especially important for record-sealing eligibility.
Obtaining Money or Property by False Pretenses
The first part of § 18.2-178 applies when a person, by a false pretense or token and with intent to defraud, obtains money, a gift certificate, or other property that may be the subject of larceny. The statute provides that the person is deemed guilty of larceny of that property.
Because the offense is treated as larceny, the value and circumstances determine whether it is punished as misdemeanor petit larceny under § 18.2-96 or felony grand larceny under § 18.2-95. Both types of dispositions may potentially qualify for petition-based sealing.
Obtaining a Signature by False Pretenses
The second part of § 18.2-178 applies when a person obtains another person’s signature by false pretense or token, with intent to defraud, to a writing whose false making would constitute forgery. The statute expressly classifies this offense as a Class 4 felony.
A Class 4 felony conviction does not fall within the ordinary conviction categories eligible for petition-based sealing under § 19.2-392.12. That statute generally permits eligible misdemeanors, Class 5 and Class 6 felonies, violations of § 18.2-95, and other felony offenses in which the defendant is deemed guilty of larceny and punished under § 18.2-95.
Accordingly, a conviction for obtaining money or property by false pretenses can present a very different sealing analysis from a Class 4 felony conviction for obtaining a signature by false pretenses.
Is Obtaining Money by False Pretenses a Felony or Misdemeanor in Virginia?
Obtaining money or property by false pretenses under § 18.2-178 is treated as larceny. Whether the offense receives felony or misdemeanor punishment generally depends on the value and circumstances that determine whether the corresponding larceny is grand larceny or petit larceny.
Felony False Pretenses
When the offense is punished as grand larceny under § 18.2-95, it is a felony. For ordinary property-value cases, grand larceny generally includes property valued at $1,000 or more.
For record-sealing purposes, § 19.2-392.12 expressly includes not only violations of § 18.2-95 but also other felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95. Obtaining money or property by false pretenses can fall within this provision because § 18.2-178 expressly deems the defendant guilty of larceny.
Misdemeanor False Pretenses
When obtaining money or property by false pretenses results in punishment as petit larceny under § 18.2-96, the offense receives Class 1 misdemeanor punishment. An otherwise eligible misdemeanor disposition may qualify for petition-based sealing under § 19.2-392.12.
The classification of the final disposition is important because it affects both eligibility and the applicable waiting period.
False Pretenses, CCRE Records, and Criminal Background Checks
An obtaining money by false pretenses case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. Felony arrests are generally reportable to the CCRE. Jailable misdemeanor offenses under Title 18.2 are also generally subject to CCRE reporting requirements.
The CCRE record is separate from the publicly accessible court record. A criminal history record may identify the original arrest charge and the subsequent conviction, reduction, dismissal, or other final disposition.
This distinction can be particularly important with a false pretenses offense because the charge involves allegations of fraud or dishonesty. The existence of such a criminal history record may become relevant in employment background checks, financial or fiduciary 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 Virginia Department of State Police is notified and the criminal history record information covered by the order is sealed in accordance with Virginia law. Corresponding eligible court records are also subject to the sealing order.
How Long Must I Wait to Seal an Obtaining Money by False Pretenses Conviction?
The applicable waiting period depends on whether the final eligible false pretenses conviction is a misdemeanor or felony.
Felony False Pretenses
The general waiting period for an eligible felony conviction is ten years.
Misdemeanor False Pretenses
The general waiting period for an eligible misdemeanor 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, 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 seven-year or 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 calculating eligibility.
The passage of time does not make an otherwise ineligible Class 4 felony conviction for obtaining a signature by false pretenses eligible under § 19.2-392.12.
What If a Felony False Pretenses Charge Was Reduced to a Misdemeanor?
A felony obtaining money by false pretenses arrest does not always result in a felony conviction. Depending on the evidence, value of the property, plea agreement, amendment of the charge, or other circumstances, the final disposition may be a misdemeanor.
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 can remain important because it ordinarily generated corresponding CCRE criminal history information. The original charge, amended charge, final conviction, and CCRE record should therefore be reviewed together when evaluating record-sealing eligibility.
What If an Obtaining Money by False Pretenses Charge Was Dismissed?
A dismissed false pretenses charge presents a different record-relief analysis from a conviction. A criminal 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 circumstances of the case, 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 the original arrest or charge have disappeared. A reportable felony or misdemeanor charge and its final disposition may continue to appear in court or CCRE records unless the records are expunged or sealed under an applicable provision of Virginia law.
Does Restitution Affect False Pretenses Record Sealing?
Yes. Restitution can be particularly important in a false pretenses case because the offense frequently involves an alleged financial or property loss. 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 sealing petition.
The sentencing order and court payment records should therefore be reviewed before filing a petition. If restitution was ordered, the petitioner should confirm that the obligation has been fully satisfied.
Payment of restitution does not by itself establish eligibility. The petitioner must also satisfy the applicable waiting period, criminal-history requirements, lifetime petition limitation, manifest-injustice requirement, and all other applicable provisions of the sealing statute.
Can Multiple False Pretenses Charges Be Sealed in One Petition?
Potentially. False pretenses cases sometimes involve multiple counts based on different payments, transactions, representations, or alleged victims.
Virginia Code § 19.2-392.12 permits multiple eligible charges or convictions to be included in a single petition when all of the charges or convictions arose from the same transaction or occurrence. Each charge or conviction included in the petition must independently qualify for sealing.
Charges arising from separate transactions or occurrences generally cannot be combined into one petition merely because they involve the same statute or similar conduct. This distinction may be important in a false pretenses prosecution involving numerous transactions.
What Other Requirements Apply to False Pretenses Record Sealing?
Satisfying the applicable seven-year or ten-year waiting period does not by itself establish eligibility. Virginia Code § 19.2-392.12 requires the court to make additional findings before granting 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 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 a statutory exclusion 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.
Section 18.2-178 itself is not listed among the specifically excluded statutes in § 19.2-392.12. However, § 18.2-178.1 is separately identified as an ineligible offense, and a Class 4 felony conviction for obtaining a signature under § 18.2-178 does not fall within the eligible conviction classifications established by § 19.2-392.12.
How Many Record Sealing Petitions Can Be Granted?
Virginia Code § 19.2-392.12 generally permits a person to have no more than 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.
Can Related Fraud or Larceny Charges Be Sealed?
An obtaining money by false pretenses case may involve additional fraud, theft, or financial charges arising from the same transaction or occurrence. Depending on the particular statutes and final dispositions, related offenses such as grand larceny, embezzlement, forgery and uttering, credit card offenses, or identity theft may also qualify for record sealing.
Each related charge must independently qualify. The fact that an obtaining money by false pretenses conviction is eligible does not automatically make every companion charge eligible for sealing.
What Happens When an Obtaining Money by False Pretenses Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible court records and criminal history record information relating to the false pretenses 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 is physically destroyed. Virginia law permits 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 arrest, conviction, reduction, dismissal, or other eligible disposition.
How Do I Petition to Seal an Obtaining Money by False Pretenses Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the false pretenses 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 original charge under § 18.2-178 and the final disposition;
- Determining whether the offense involved obtaining money or property or obtaining a signature;
- Determining whether the final disposition received felony or misdemeanor punishment;
- For a felony money or property conviction, confirming that the offense was a felony in which the defendant was deemed guilty of larceny and punished under § 18.2-95;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether the applicable seven-year misdemeanor or ten-year felony waiting period has been satisfied;
- Confirming that any court-ordered restitution has been paid in full;
- Identifying related eligible 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 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 Obtaining Money by False Pretenses Record Sealing FAQs
Can an obtaining money by false pretenses conviction be sealed in Virginia?
Potentially. Virginia Code § 18.2-178 provides that a person who obtains money or property by false pretenses with intent to defraud is deemed guilty of larceny. An eligible misdemeanor disposition or a felony punished under § 18.2-95 may qualify for petition-based sealing under § 19.2-392.12 when the other statutory requirements are satisfied.
Can felony obtaining money by false pretenses be sealed?
Potentially. When the defendant is deemed guilty of larceny under § 18.2-178 and the felony is punished as provided in § 18.2-95, the conviction falls within a category expressly included in § 19.2-392.12. The petitioner must still satisfy the waiting period, criminal-history, restitution, petition-limit, manifest-injustice, and other statutory requirements.
Can misdemeanor false pretenses be sealed?
Potentially. When an obtaining money or property by false pretenses conviction receives misdemeanor punishment, an otherwise eligible misdemeanor may qualify for petition-based sealing under § 19.2-392.12. The general waiting period for an eligible misdemeanor is seven years.
Can obtaining a signature by false pretenses be sealed?
A conviction for obtaining a signature by false pretenses under § 18.2-178 is expressly classified as a Class 4 felony. Class 4 felony convictions are not among the ordinary conviction categories eligible for petition-based sealing under § 19.2-392.12. A non-conviction disposition may require a different record-relief analysis.
How long do I have to wait to seal a false pretenses conviction?
The general waiting period is ten years for an eligible felony conviction and seven years for an eligible misdemeanor conviction. 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 felony false pretenses charge 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 record should also be considered.
Does restitution have to be paid before a false pretenses 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 applicable court-ordered restitution to be paid in full before the court may grant the petition.
Does sealing a false pretenses 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 obtaining money by false pretenses 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 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