Virginia Grand Larceny Record Sealing
Can a grand larceny conviction be sealed in Virginia? In many cases, yes. Virginia Code § 19.2-392.12 specifically permits an eligible conviction under § 18.2-95 to be considered for petition-based record sealing. Because grand larceny is a felony, an arrest ordinarily also generates criminal history information reported to the Virginia Central Criminal Records Exchange (CCRE). Record sealing can therefore address both the court record and eligible criminal history record information when the statutory requirements are satisfied.
Virginia Grand Larceny 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 Grand Larceny Conviction Be Sealed in Virginia?
Yes. Virginia law specifically includes grand larceny under § 18.2-95 among the felony convictions that may qualify for petition-based record sealing. The offense date generally must have occurred on or after January 1, 1986, and the petitioner must satisfy the criminal history, waiting period, restitution, petition-limit, manifest-injustice, and other requirements of Virginia Code § 19.2-392.12.
Grand larceny under § 18.2-95 includes larceny from the person of money or property valued at $5 or more, simple larceny not from the person of goods or property valued at $1,000 or more, and simple larceny of a firearm regardless of its value. The offense is punishable by imprisonment for one to 20 years, although the statute permits misdemeanor punishment in the discretion of the court or jury.
The possibility of misdemeanor punishment does not change the classification of a conviction under § 18.2-95 as a felony conviction for purposes of the record-sealing waiting period.
Why Is Grand Larceny Eligible for Record Sealing?
Grand larceny has an unusual position under Virginia’s record-sealing law. Virginia Code § 19.2-392.12 generally permits petition-based sealing of misdemeanor convictions and Class 5 and Class 6 felony convictions. Grand larceny under § 18.2-95 is not a Class 5 or Class 6 felony and carries a possible sentence of up to 20 years.
The General Assembly nevertheless specifically included violations of § 18.2-95 within the offenses eligible for petition-based sealing. The statute also extends potential eligibility to other felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95.
Grand larceny is not automatically sealed. An eligible grand larceny conviction generally requires a petition under § 19.2-392.12 and a court determination that the statutory requirements have been satisfied.
Grand Larceny, CCRE Records, and Criminal Background Checks
A grand larceny case can create more than a publicly accessible court record. Because grand larceny is a felony, an arrest is ordinarily reportable to the Virginia Central Criminal Records Exchange under Virginia Code § 19.2-390. The report generally includes fingerprints and identifying information associated with the felony arrest.
The final disposition of a reportable felony charge is also reported to the CCRE. As a result, a person who was arrested for grand larceny may have criminal history record information reflecting the arrest and final disposition in addition to the court’s case record.
This distinction can matter when a person is concerned about employment, licensing, housing, or other criminal background checks. Public court records and CCRE criminal history information are different record systems, and a felony arrest can create records in both.
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 notifies the Office of the Executive Secretary of the Supreme Court and other agencies or persons identified by law that maintain or previously received the record.
How Long Must I Wait to Seal a Grand Larceny Conviction?
The general waiting period for an eligible felony conviction under Virginia Code § 19.2-392.12 is ten years. The ten-year period does not necessarily begin on the date of conviction.
The statute measures the waiting period from the latest applicable event associated with the case. 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 ten-year period, the petitioner generally cannot have another reportable criminal conviction under Virginia law or the law of another state, the District of Columbia, the United States, or a United States territory. Virginia traffic infractions under Title 46.2 are excluded from this waiting-period restriction.
What If a Grand Larceny Charge Was Reduced to a Misdemeanor?
A felony grand larceny arrest does not always result in a grand larceny conviction. A charge may be amended or reduced during the criminal case, including to petit larceny or another misdemeanor offense.
When a grand larceny charge results in a misdemeanor conviction, record-sealing eligibility should be evaluated based on the final disposition rather than simply the original felony charge. An eligible misdemeanor generally has a seven-year waiting period rather than the ten-year period applicable to a felony conviction.
The particular misdemeanor can also affect the method of sealing. A conviction reduced to petit larceny under § 18.2-96 may qualify for automatic sealing when the statutory requirements are satisfied. Other misdemeanor convictions may require a different sealing procedure.
The original felony arrest remains important because a grand larceny arrest ordinarily generated a corresponding CCRE record. The complete case and criminal history record should therefore be reviewed to determine what records and related matters should be addressed.
What If the Grand Larceny Charge Was Dismissed?
A dismissed grand larceny charge presents a different record-relief issue from a grand larceny conviction. Depending on how the charge was resolved, the person’s criminal history, the date of the offense, and other circumstances, traditional expungement or one of Virginia’s sealing provisions may apply.
The fact that a felony charge was dismissed does not mean that no criminal history record exists. A felony arrest is ordinarily reported to the CCRE, and the later dismissal or other final disposition is also reported. The proper record-relief procedure therefore depends on the exact disposition and the person’s eligibility under Virginia law.
What Other Requirements Apply to Grand Larceny Record Sealing?
Completing the ten-year waiting period does not by itself establish eligibility for sealing. 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 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 conviction-free waiting period for the grand larceny conviction 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;
- Certain circumstances involving a firearm can affect felony sealing eligibility;
- An offense involving a victim who was a family or household member of the petitioner is excluded from sealing under this section; and
- The continued existence and possible dissemination of information relating to the 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 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 a single petition when the statutory requirements are satisfied.
This limitation can be particularly important for a person with several separate felony or misdemeanor records. The complete Virginia and national criminal history should be reviewed before deciding which matters to petition to seal.
Can Other Larceny and Theft Convictions Be Sealed?
Virginia Code § 19.2-392.12 does not limit its special larceny provision to a conviction labeled only as grand larceny. The statute also permits consideration of other felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95.
Depending on the particular statute and disposition, record sealing may also be available for theft-related offenses such as embezzlement, receiving stolen property, and obtaining property by false pretenses. Shoplifting record sealing presents a separate analysis because a violation of § 18.2-103 may result in either a misdemeanor or felony disposition, and misdemeanor shoplifting is specifically included in Virginia’s automatic-sealing provisions.
Each offense should be evaluated separately because the classification, statutory language, final disposition, criminal history, and other statutory requirements can affect eligibility.
What Happens When a Grand Larceny Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible criminal history record information and court records relating to the grand larceny charge or conviction. The order can therefore reach both the publicly maintained court record and the corresponding criminal history information maintained through the CCRE.
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 statute.
For ordinary public purposes, however, sealing can substantially restrict access to the records that would otherwise continue to identify the felony arrest and conviction.
How Do I Petition to Seal a Grand Larceny Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the grand larceny 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 grand larceny charge and final disposition;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining the correct ten-year felony waiting period;
- Identifying related charges or 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 criminal-history, rehabilitation, restitution, petition-limit, and manifest-injustice requirements; 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, stipulates that the petitioner is eligible, and agrees that the continued existence and dissemination of the record causes or may cause circumstances constituting a manifest injustice, the court may enter a sealing order without conducting a hearing.
Virginia Grand Larceny Record Sealing FAQs
Can a grand larceny conviction be sealed in Virginia?
Yes. Virginia Code § 19.2-392.12 specifically includes a conviction under § 18.2-95 among the felony convictions that may qualify for petition-based sealing. The petitioner must still satisfy the waiting period, criminal history, restitution, petition-limit, manifest-injustice, and other statutory requirements.
How long do I have to wait to seal a grand larceny conviction?
The general waiting period for an eligible felony conviction is ten years. The period runs from the latest applicable event identified by § 19.2-392.12, which may be later than the original conviction date.
Is a grand larceny conviction automatically sealed?
No. Grand larceny under Virginia Code § 18.2-95 is not one of the convictions listed for automatic sealing. An eligible grand larceny conviction generally requires a petition under § 19.2-392.12.
Can a grand larceny charge reduced to petit larceny be sealed?
Potentially. If the final conviction was petit larceny rather than grand larceny, eligibility is analyzed based on the misdemeanor disposition. Petit larceny is among the offenses that may qualify for automatic sealing when the statutory requirements are satisfied, and other sealing procedures may also be available depending on the circumstances.
Can a dismissed grand larceny charge be cleared from my record?
Potentially. A dismissed grand larceny charge presents a different analysis from a conviction. Depending on the disposition, criminal history, offense date, and other facts, traditional expungement or a Virginia record-sealing procedure may apply.
Does sealing a grand larceny 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. The corresponding eligible court records are also subject to the sealing order. Sealed information remains available for certain purposes specifically authorized by Virginia law.
Can embezzlement or other felony larceny offenses also be sealed?
Potentially. Section 19.2-392.12 also includes other felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95. Eligibility depends on the particular offense, final disposition, criminal history, waiting period, and other statutory requirements.
Talk to a Virginia Record Sealing Lawyer
A Virginia grand larceny arrest or conviction can create both a court record 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