Virginia Forgery and Uttering Record Sealing
Can a Virginia forgery or uttering conviction be sealed? In many cases, yes. Virginia Code § 18.2-172 makes forgery and uttering qualifying writings Class 5 felonies, and Virginia Code § 19.2-392.12 permits petition-based sealing of eligible Class 5 felony convictions and qualifying deferred-and-dismissed charges. Eligibility depends on the exact charge, final disposition, offense date, criminal history, waiting period, restitution if applicable, and the other statutory requirements.
Virginia Forgery and Uttering Record Sealing Guide
Related Virginia Record Relief Guides
- Virginia Record Relief Guide
- Virginia Record Sealing Guide
- Virginia Expungement Guide
- Virginia Clean Slate Guide
Can a Forgery or Uttering Conviction Be Sealed in Virginia?
Yes. A conviction for forgery or uttering under Virginia Code § 18.2-172 is a Class 5 felony. Virginia Code § 19.2-392.12 permits a person to petition to seal an eligible Class 5 felony conviction or qualifying charge that was deferred and dismissed when the offense date was on or after January 1, 1986 and the other statutory requirements are satisfied.
Forgery and uttering under § 18.2-172 are not specifically listed among the offenses excluded from petition-based sealing. A conviction may therefore qualify if the petitioner’s criminal history, waiting period, restitution status, prior sealing history, circumstances of the offense, and other requirements permit sealing.
What Is the Difference Between Forgery and Uttering?
Virginia Code § 18.2-172 addresses several forms of conduct involving forged writings. Although forgery and uttering are closely related, they describe different conduct.
Forgery
Forgery under § 18.2-172 generally involves forging a writing, other than certain writings covered by separate statutes, to the prejudice of another person’s rights. The statute also treats obtaining another person’s signature to such a writing by false pretense or token with intent to defraud as forgery.
Uttering
Uttering generally involves using, presenting, or attempting to employ a forged writing as genuine while knowing that the writing is forged.
Both forgery and uttering under § 18.2-172 are Class 5 felonies. A criminal case may contain a forgery charge, an uttering charge, or separate counts involving both offenses.
Why Can a Class 5 Forgery or Uttering Felony Be Sealed?
Virginia’s petition-based record-sealing law expressly includes eligible Class 5 felony convictions. Because § 18.2-172 classifies forgery and uttering as Class 5 felonies, an otherwise eligible conviction falls within one of the felony classifications that may be considered for sealing under § 19.2-392.12.
This is different from offenses that carry a more serious felony classification or are specifically excluded from the sealing statute. Eligibility still requires an individualized review because the classification of the offense is only one part of the analysis.
Forgery, Uttering, CCRE Records, and Criminal Background Checks
A forgery or uttering case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. Because forgery and uttering under § 18.2-172 are felonies, arrests for these offenses are generally reportable to the CCRE under Virginia Code § 19.2-390.
The final disposition of a reportable felony charge is also reported to the CCRE. As a result, a person may have criminal history information reflecting the original felony arrest and the eventual conviction, reduction, dismissal, or other final disposition in addition to the court record.
This can be particularly important with forgery and uttering because the record identifies an offense involving fraud or dishonesty. Criminal history records can become relevant in employment background checks, professional licensing, financial or fiduciary positions, 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 and provides the notices required by Virginia law.
How Long Must I Wait to Seal a Forgery or Uttering Conviction?
The general waiting period for an eligible Class 5 felony forgery or uttering conviction is ten years.
The ten-year period does not necessarily begin on the original 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 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 ten-year period, the petitioner generally cannot have another reportable criminal 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 eligibility.
What If a Forgery or Uttering Charge Was Reduced to a Misdemeanor?
A felony forgery or uttering arrest does not always result in a Class 5 felony conviction. Depending on the evidence, plea agreement, amendment of the charge, or other circumstances, a felony charge may result in a misdemeanor conviction.
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 a felony conviction.
The original felony arrest can remain 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.
What If the Forgery or Uttering Charge Was Dismissed?
A dismissed forgery or uttering charge presents a different record-relief analysis from a felony 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 does not necessarily mean that every record of the felony charge has disappeared. A reportable felony arrest and its final disposition may continue to be reflected in court and CCRE records unless those records are expunged or sealed under an applicable provision of Virginia law.
Can Multiple Forgery and Uttering Charges Be Sealed in One Petition?
Potentially. Forgery and uttering cases sometimes involve multiple counts, including separate allegations involving the creation of a forged writing and the later use or attempted use of that writing.
Virginia Code § 19.2-392.12 allows a single petition to request sealing of multiple eligible charges or convictions when they arose from the same transaction or occurrence. Each charge or conviction included in the petition must itself be eligible for sealing.
Charges arising from separate transactions or occurrences generally cannot be combined merely because they involve the same type of offense. This distinction can be important when a case involved multiple checks, documents, transactions, or alleged victims.
Does Restitution Affect Forgery or Uttering Record Sealing?
Yes, when restitution was ordered in connection with the matter to be sealed. Virginia Code § 19.2-392.12 requires applicable court-ordered restitution to be paid in full before the court may grant a sealing petition.
Forgery and uttering cases can involve allegations of financial loss, so the sentencing order and court payment records should be reviewed to determine whether restitution was ordered and whether the obligation has been fully satisfied.
Payment of restitution does not by itself establish eligibility. The petitioner must still satisfy the waiting period, criminal-history requirements, petition limits, manifest-injustice requirement, and all other applicable provisions of the sealing statute.
What Other Requirements Apply to Forgery and Uttering Record Sealing?
Completing the ten-year waiting period does not by itself establish eligibility for sealing. 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 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;
- 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 another 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.
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.
A person with multiple criminal records should therefore review the complete criminal history before deciding which matters to petition to seal.
Can Related Fraud or Financial Charges Be Sealed?
A forgery or uttering 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 false pretenses, credit card offenses, identity theft, or other fraud charges may also qualify for record sealing.
Each related charge must independently qualify for sealing. The fact that one forgery or uttering conviction is eligible does not automatically make every companion charge eligible.
Credit card theft and credit card forgery are governed by separate Virginia statutes from ordinary forgery and uttering. Credit card theft under § 18.2-192 is treated as grand larceny, while credit card forgery under § 18.2-193 is a Class 5 felony. Learn more about the separate eligibility rules in our guide to Virginia Credit Card Theft and Forgery Record Sealing.
What Happens When a Forgery or Uttering Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible court records and criminal history record information relating to the forgery or uttering 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 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 Forgery or Uttering Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the forgery or uttering 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 forgery or uttering charge under § 18.2-172 and the final disposition;
- Determining whether the case involved separate forgery and uttering counts or additional related offenses;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether the applicable ten-year felony waiting period has been satisfied;
- Identifying eligible charges and ancillary matters arising from the same transaction or occurrence;
- Confirming that any court-ordered restitution has been paid in full;
- 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. When 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 Forgery and Uttering Record Sealing FAQs
Can a forgery conviction be sealed in Virginia?
Potentially. Forgery under Virginia Code § 18.2-172 is a Class 5 felony. Eligible Class 5 felony convictions 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 an uttering conviction be sealed in Virginia?
Potentially. Uttering or attempting to use a forged writing as genuine while knowing it is forged is a Class 5 felony under § 18.2-172. An otherwise eligible conviction may qualify for petition-based record sealing.
Is forgery and uttering a felony in Virginia?
Yes. Forgery and uttering under Virginia Code § 18.2-172 are Class 5 felonies.
How long do I have to wait to seal a forgery or uttering conviction?
The general waiting period for an eligible Class 5 felony conviction is ten years. The period runs from the latest applicable event identified by § 19.2-392.12 and may begin later than the original conviction date.
Can a felony forgery or uttering charge reduced to a misdemeanor be sealed?
Potentially. If the final conviction is an eligible misdemeanor rather than a Class 5 felony, the misdemeanor disposition generally has a seven-year waiting period rather than the ten-year period applicable to a felony conviction. The original felony arrest and corresponding CCRE record should also be considered.
Can multiple forgery and uttering charges be sealed in one petition?
Potentially. Section 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. Each charge or conviction must independently qualify for sealing.
Does restitution have to be paid before a forgery or uttering 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 forgery or uttering 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 forgery or uttering 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 felony 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