Virginia Petit Larceny Record Sealing
Can a petit larceny conviction be sealed in Virginia? Yes. A misdemeanor conviction for petit larceny under Virginia Code § 18.2-96 is specifically included in Virginia’s automatic conviction-sealing law. Generally, the conviction becomes eligible for automatic sealing after seven years if the statutory criminal-history and same-date conviction requirements are satisfied. Virginia law also provides a petition procedure specifically covering petit larceny records.
Virginia Petit 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 Petit Larceny Conviction Be Sealed in Virginia?
Yes. Virginia Code § 19.2-392.6 specifically includes misdemeanor convictions under § 18.2-96 among the convictions designated for automatic sealing. The offense date must have been on or after January 1, 1986, and the conviction must satisfy the additional requirements governing the seven-year period and other convictions.
Virginia law also permits a person with an eligible petit larceny conviction to petition the Circuit Court for sealing under § 19.2-392.12:1. That section was specifically created to provide a petition procedure for charges and convictions related to offenses included within Virginia’s automatic-sealing system.
Automatic sealing and petition-based sealing are therefore separate possible routes for an eligible petit larceny record. The proper procedure depends on the person’s conviction date, criminal history, companion charges, and whether the record has already been automatically sealed.
What Is Petit Larceny in Virginia?
Virginia Code § 18.2-96 defines petit larceny as larceny from the person of another involving money or another thing of value worth less than $5, or simple larceny not from the person involving goods and chattels worth less than $1,000, except for certain property specifically treated as grand larceny under Virginia law.
Petit larceny under § 18.2-96 is punishable as a Class 1 misdemeanor.
The distinction between petit larceny and grand larceny is important for record sealing because misdemeanor petit larceny is specifically included in Virginia’s automatic-sealing statute, while a grand larceny conviction generally requires petition-based sealing under a different statutory procedure.
Is Petit Larceny Automatically Sealed in Virginia?
Yes, when the statutory requirements are satisfied. Virginia Code § 19.2-392.6 specifically lists a misdemeanor violation of § 18.2-96 as an offense subject to automatic conviction sealing.
For automatic sealing to apply:
- The offense date must have been on or after January 1, 1986;
- Seven years must have passed since the date of conviction;
- During that seven-year period, the person must not have been convicted of another offense meeting the criminal-history reporting criteria specified by § 19.2-392.6, excluding traffic infractions under Title 46.2; and
- The person must not have been convicted on the same date of another offense that is not eligible for automatic sealing under § 19.2-392.6.
Accordingly, a petit larceny conviction does not necessarily disappear merely because seven years have passed. The person’s criminal history and any other convictions entered on the same date must also be considered.
How Long Does It Take for a Petit Larceny Conviction to Be Automatically Sealed?
The general waiting period for automatic sealing of an eligible petit larceny conviction is seven years from the date of conviction.
This rule differs from the waiting-period calculation used for many petition-based sealing cases under § 19.2-392.12. For automatic sealing under § 19.2-392.6, the statute specifically measures the seven-year period from the date of conviction.
The person also must remain free from the disqualifying convictions identified by the automatic-sealing statute during that seven-year period.
What If I Had Another Conviction During the Seven-Year Period?
A later conviction can prevent automatic sealing of a petit larceny conviction. Section 19.2-392.6 requires that, during the seven years following the petit larceny conviction, the person not have another conviction for an offense meeting the criminal-history reporting criteria identified in the statute.
Traffic infractions under Title 46.2 are excluded from this restriction. Other criminal convictions should be reviewed carefully before concluding that a petit larceny conviction qualifies for automatic sealing.
The analysis should be based on the person’s complete Virginia and national criminal history rather than simply the court record for the petit larceny case.
What If I Was Convicted of Another Offense on the Same Day?
A same-day conviction can prevent automatic sealing. Virginia Code § 19.2-392.6 provides that an otherwise qualifying conviction will not be automatically sealed when, on the same date, the person was convicted of another offense that is not eligible for automatic sealing under that section.
This can arise when several charges were resolved together. For example, a petit larceny conviction may satisfy the offense and seven-year requirements, but an additional ineligible conviction entered on the same date can prevent the petit larceny conviction from being automatically sealed.
The special petition procedure under § 19.2-392.12:1 also contains a same-date restriction. A petition under that section may not request sealing of a charge or conviction finalized on the same date as a conviction or deferred dismissal that is not eligible for sealing under § 19.2-392.12:1.
Can a Petit Larceny Conviction Be Sealed by Petition?
Yes. Virginia Code § 19.2-392.12:1 specifically permits a person convicted of misdemeanor petit larceny under § 18.2-96, with an offense date on or after January 1, 1986, to petition the Circuit Court to seal the criminal history record information and court records relating to the conviction.
For a petit larceny conviction, the court shall enter a sealing order under § 19.2-392.12:1 when seven years have passed since the conviction and the petitioner has not been convicted during that period of another offense meeting the criminal-history criteria specified by the statute, excluding traffic infractions under Title 46.2.
The petition may also request sealing of specifically identified ancillary matters related to the eligible charge or conviction.
Does a Petit Larceny Petition Require Manifest Injustice?
The special petition procedure under § 19.2-392.12:1 does not use the manifest-injustice requirement that applies to petitions under § 19.2-392.12. Instead, § 19.2-392.12:1 provides that the court shall enter a sealing order when the statutory requirements applicable to the petition are satisfied.
This makes the petition procedure for qualifying automatic-sealing offenses different from the petition process used for many felony and other misdemeanor convictions.
Are There Filing Fees for a Petit Larceny Sealing Petition?
No. Virginia Code § 19.2-392.12:1 provides that a petitioner is not required to pay court fees or costs for filing a petition under that section.
Does a Petit Larceny Petition Count Toward the Two-Petition Lifetime Limit?
No. A petition granted under § 19.2-392.12:1 does not count toward the lifetime maximum of two petitions applicable to petitions granted under § 19.2-392.12.
Section 19.2-392.12:1 also provides that a petitioner is not limited in the number of petitions that may be granted under that section during the person’s lifetime.
Each petit larceny conviction must still independently satisfy the statutory requirements. The absence of a lifetime numerical limit does not eliminate the seven-year period, criminal-history requirements, same-date restriction, or other eligibility provisions.
What Is the Difference Between Petit Larceny and Grand Larceny Record Sealing?
Petit larceny and grand larceny can both potentially be sealed in Virginia, but the procedures are different.
Petit larceny under § 18.2-96 is a Class 1 misdemeanor and is specifically included in Virginia’s automatic conviction-sealing statute. An eligible petit larceny conviction can also be sealed through the special petition procedure in § 19.2-392.12:1.
Grand larceny under § 18.2-95 is a felony and is not one of the convictions listed for automatic sealing under § 19.2-392.6. An eligible grand larceny conviction generally requires petition-based sealing under § 19.2-392.12 and is subject to the felony waiting period and other requirements of that section.
For more information about felony larceny records, see our guide to Virginia Grand Larceny Record Sealing.
Is Shoplifting the Same as Petit Larceny for Record Sealing?
No. Petit larceny under § 18.2-96 and shoplifting or concealment under § 18.2-103 are separate criminal statutes, even though both can involve allegations of stealing property of relatively low value.
For record-sealing purposes, however, misdemeanor convictions under both § 18.2-96 and § 18.2-103 are specifically included in Virginia’s automatic conviction-sealing statute. The exact Code section appearing in the court and CCRE records should therefore be identified before determining which records are subject to sealing.
Petit Larceny, CCRE Records, and Criminal Background Checks
A petit larceny case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. Petit larceny under § 18.2-96 is a Class 1 misdemeanor punishable by jail, and such Title 18.2 misdemeanor cases are generally within Virginia’s criminal-history reporting system.
The CCRE criminal history record is separate from the publicly accessible court record. Depending on how the case began and was ultimately resolved, the criminal history may reflect the arrest or charge and the final conviction or other disposition.
This distinction can be particularly important with petit larceny because the record identifies a theft-related offense that may appear during employment, licensing, housing, or other background screening.
When a qualifying sealing order is entered, the Virginia Department of State Police seals the covered criminal history record information and the applicable court records are sealed in accordance with Virginia law.
What If a Grand Larceny Charge Was Reduced to Petit Larceny?
A person may originally have been arrested or charged with felony grand larceny but ultimately convicted of misdemeanor petit larceny. The final petit larceny conviction can present a substantially different record-sealing analysis from the original felony charge.
If the final conviction is misdemeanor petit larceny under § 18.2-96, it may qualify for automatic sealing under § 19.2-392.6 or petition-based sealing under § 19.2-392.12:1 when the applicable statutory requirements are satisfied.
The original felony arrest remains important because it may have generated corresponding CCRE criminal history information. The original charge, amended charge, final conviction, and criminal-history record should therefore be reviewed together so that the complete record associated with the case is identified.
What If the Petit Larceny Charge Was Dismissed?
A dismissed petit larceny charge presents a different record-relief analysis from a conviction. A charge may have been dismissed, nolle prossed, acquitted, deferred and dismissed, amended to another offense, or otherwise resolved without a petit larceny conviction.
Virginia law contains separate automatic-sealing and petition procedures for qualifying non-conviction dispositions. Traditional expungement may also remain relevant depending on the particular disposition and circumstances of the case.
The final court disposition and corresponding CCRE history should be reviewed before determining which record-relief procedure applies.
Can Multiple Petit Larceny Convictions Be Sealed?
Potentially. Unlike the ordinary petition procedure under § 19.2-392.12, the special petition procedure in § 19.2-392.12:1 does not impose a lifetime numerical limit on the number of petitions that may be granted.
A petition granted under § 19.2-392.12:1 also does not count toward the two-petition lifetime maximum applicable under § 19.2-392.12.
Each conviction must still satisfy the applicable requirements. A petition may also request sealing of multiple eligible charges, convictions, or ancillary matters when each is eligible under § 19.2-392.12:1.
What Happens When a Petit Larceny Record Is Sealed?
Sealing restricts ordinary public access to the criminal history record information and court records covered by Virginia’s sealing law. When a petit larceny conviction generated corresponding CCRE criminal history information, the applicable sealing process can result in that covered criminal history information being sealed as well.
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 petit larceny charge or conviction.
How Do I Petition to Seal a Petit Larceny Conviction?
A petition under Virginia Code § 19.2-392.12:1 is filed in the Circuit Court for the city or county where the petit larceny case was disposed of. The petition identifies the charge or conviction, final disposition, court record, and any specifically identified ancillary matters the petitioner seeks to have sealed.
The petition process generally includes:
- Confirming that the final conviction was misdemeanor petit larceny under § 18.2-96;
- Confirming that the offense date was on or after January 1, 1986;
- Determining whether seven years have passed since the conviction;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether a disqualifying conviction occurred during the seven-year period;
- Determining whether another ineligible conviction or deferred dismissal was finalized on the same date;
- Identifying any eligible ancillary matters that should also be sealed;
- Filing the petition in the appropriate Circuit Court;
- Providing a copy of the petition to the Commonwealth’s Attorney;
- Requesting that the CCRE electronically forward the petitioner’s Virginia and national criminal history record to the court; and
- Obtaining an order sealing the eligible criminal history information and court records when the statutory requirements are satisfied.
No court fees or costs are required for filing a petition under § 19.2-392.12:1. If the Commonwealth’s Attorney does not object and stipulates that the petitioner is eligible, the court may enter the sealing order without conducting a hearing.
Virginia Petit Larceny Record Sealing FAQs
Can a petit larceny conviction be sealed in Virginia?
Yes. A misdemeanor conviction for petit larceny under Virginia Code § 18.2-96 is specifically included in Virginia’s automatic conviction-sealing law. An eligible conviction may also be sealed through the petition procedure in § 19.2-392.12:1 when the statutory requirements are satisfied.
Is petit larceny automatically sealed in Virginia?
Yes, when the statutory requirements are satisfied. Misdemeanor petit larceny under § 18.2-96 is specifically listed in § 19.2-392.6 for automatic conviction sealing. Generally, seven years must have passed since conviction without another disqualifying conviction during that period, and there cannot have been another ineligible conviction entered on the same date.
How long does it take for petit larceny to be automatically sealed?
The general period is seven years from the date of conviction. During that period, the person must not have another conviction meeting the criminal-history reporting criteria identified in § 19.2-392.6, excluding traffic infractions under Title 46.2.
What if I had another conviction during the seven-year period?
A disqualifying conviction during the seven-year period can prevent automatic sealing. The person’s complete criminal history should be reviewed to determine whether the later conviction falls within the categories identified by § 19.2-392.6.
What if I was convicted of another offense on the same day as petit larceny?
An otherwise eligible petit larceny conviction is not automatically sealed under § 19.2-392.6 if the person was convicted on the same date of another offense that is not eligible for automatic sealing. The special petition procedure in § 19.2-392.12:1 also contains a restriction involving an ineligible conviction or deferred dismissal finalized on the same date.
Can I petition to seal a petit larceny conviction?
Yes. Virginia Code § 19.2-392.12:1 specifically permits a person with an eligible misdemeanor petit larceny conviction under § 18.2-96 to petition the Circuit Court for sealing. Generally, seven years must have passed since conviction and the petitioner must satisfy the criminal-history and other requirements of the statute.
Does a petit larceny sealing petition count toward the two-petition lifetime limit?
No. A petition granted under § 19.2-392.12:1 does not count toward the two-petition lifetime maximum applicable under § 19.2-392.12. Section 19.2-392.12:1 also does not limit the number of petitions that may be granted under that section during a person’s lifetime.
Does sealing petit larceny seal the CCRE criminal record?
When a petit larceny record is properly sealed, the covered criminal history record information maintained by the Virginia Department of State Police is sealed in accordance with Virginia law. Corresponding eligible court records are also subject to sealing. Sealed information remains available for certain purposes authorized by law.
Talk to a Virginia Record Sealing Lawyer
A Virginia petit larceny conviction may qualify for automatic sealing or for the special petition procedure available for certain automatic-sealing offenses. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the conviction date, original charge, criminal history, companion offenses, CCRE record, and other statutory requirements to determine whether the petit larceny record is eligible for sealing.
9/2/2026