Virginia Receiving Stolen Property Record Sealing
Can a receiving stolen property charge or conviction be sealed in Virginia? In many cases, yes. Virginia Code § 18.2-108 provides that a person who knowingly buys or receives stolen property, or assists in concealing it, is deemed guilty of larceny. Depending on the value and circumstances of the property, the offense may receive misdemeanor petit larceny or felony grand larceny punishment. An eligible misdemeanor or qualifying larceny-based felony may potentially be sealed by petition under Virginia Code § 19.2-392.12.
Virginia Receiving Stolen Property 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 Receiving Stolen Property Conviction Be Sealed in Virginia?
Yes. Many Virginia convictions for receiving stolen property may qualify for petition-based record sealing. Virginia Code § 18.2-108 provides that a person who buys or receives stolen property, or aids in concealing stolen property, while knowing that it was stolen is deemed guilty of larceny.
For record-sealing purposes, that language is important. Virginia Code § 19.2-392.12 permits petition-based sealing of eligible misdemeanors and also specifically includes a violation of § 18.2-95 or another felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95.
An eligible misdemeanor receiving-stolen-property disposition may therefore qualify under the misdemeanor portion of the statute, while a felony conviction that is deemed larceny and punished under § 18.2-95 may qualify under the statute’s special larceny-based felony provision.
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 if applicable, lifetime petition limitation, manifest-injustice standard, and the other provisions of § 19.2-392.12.
What Is Receiving Stolen Property in Virginia?
Virginia Code § 18.2-108 applies when a person buys or receives stolen goods or other property from another person, or assists in concealing the property, while knowing that it was stolen. The statute provides that the person is deemed guilty of larceny of the property.
The person accused of receiving the property may be prosecuted even if the person who originally stole the property has not been convicted. The receiving-stolen-property charge therefore does not depend on first obtaining a conviction against the alleged principal thief.
Property Believed to Be Stolen During a Police Investigation
Section 18.2-108 also addresses property used by law enforcement during a criminal investigation. If a person buys or receives property used in such an investigation while believing that the property was stolen, the statute provides that the person is deemed guilty of larceny even though the property may not actually have been stolen.
This provision can arise in controlled law-enforcement operations and is one reason the exact subsection, facts, property value, and final disposition should be reviewed when determining record-sealing eligibility.
Is Receiving Stolen Property a Felony or Misdemeanor in Virginia?
Because § 18.2-108 deems the defendant guilty of larceny, the value and circumstances of the property generally determine whether the offense receives felony grand larceny or misdemeanor petit larceny punishment.
Felony Receiving Stolen Property
For ordinary property not taken from the person of another, Virginia’s current grand larceny threshold is $1,000 or more. Grand larceny also includes larceny of a firearm regardless of the firearm’s value and certain larceny from the person offenses.
When a receiving-stolen-property offense is a felony in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95, the conviction falls within a felony category expressly included in § 19.2-392.12.
Misdemeanor Receiving Stolen Property
For ordinary property valued at less than $1,000, the corresponding petit larceny offense is punishable as a Class 1 misdemeanor. An otherwise eligible misdemeanor receiving-stolen-property conviction may qualify for petition-based sealing under § 19.2-392.12.
The felony or misdemeanor classification is important because it determines whether the general ten-year felony or seven-year misdemeanor waiting period applies.
Why Can Felony Receiving Stolen Property Qualify for Record Sealing?
Virginia’s petition-based sealing statute is not limited to Class 5 and Class 6 felonies. Section 19.2-392.12 also specifically includes § 18.2-95 and other felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95.
Section 18.2-108 expressly provides that a person who commits the conduct prohibited by that statute is deemed guilty of larceny. Accordingly, when a felony conviction under § 18.2-108 receives punishment under § 18.2-95, it may fall within this additional larceny-based sealing category.
The statutory classification is only the starting point. The petitioner must still satisfy the waiting period, criminal-history restrictions, restitution requirement if applicable, lifetime petition limit, manifest-injustice requirement, and all other applicable eligibility provisions.
Receiving Stolen Property, CCRE Records, and Criminal Background Checks
A receiving-stolen-property 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, and jailable misdemeanor offenses under Title 18.2 are also generally subject to Virginia’s criminal-history reporting requirements.
The CCRE criminal history is separate from the publicly accessible court record. Depending on the history of the case, it may identify the original arrest charge and the subsequent conviction, reduction, dismissal, or other final disposition.
This can be especially important with receiving stolen property because the record reflects a theft- or dishonesty-related criminal allegation. Such records 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 clerk electronically notifies the Virginia Department of State Police. State Police then seals the criminal history record information covered by the order in accordance with Virginia law, and corresponding eligible court records are also subject to the sealing order.
How Long Must I Wait to Seal a Receiving Stolen Property Conviction?
The applicable waiting period depends on whether the final eligible receiving-stolen-property disposition is a felony or misdemeanor.
Felony Receiving Stolen Property
The general waiting period for an eligible felony conviction is ten years.
Misdemeanor Receiving Stolen Property
The general waiting period for an eligible misdemeanor conviction is seven years.
The waiting period does not necessarily begin on the original arrest or 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 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 determining whether the waiting-period requirements have been satisfied.
What If Felony Receiving Stolen Property Was Reduced to a Misdemeanor?
A felony receiving-stolen-property arrest does not always result in a felony conviction. A dispute concerning the property’s value, the evidence, a plea agreement, amendment of the charge, or other circumstances may result in a misdemeanor disposition.
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 remains important because it may have generated corresponding CCRE criminal history information. The original charge, amended charge, final disposition, and criminal history record should therefore be reviewed together when evaluating a record-sealing petition.
What If the Receiving Stolen Property Charge Was Dismissed?
A dismissed receiving-stolen-property 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 conviction under § 18.2-108.
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 does not necessarily mean that every record of the original arrest or charge has disappeared. A reportable arrest 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 Receiving Stolen Property 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 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 petition.
Because receiving-stolen-property cases concern property belonging to another person, the sentencing order and court payment records should be reviewed to determine whether restitution was imposed and whether the obligation has been completely satisfied.
Payment of restitution does not by itself establish eligibility. The petitioner must still satisfy the applicable waiting period, criminal-history requirements, petition limitations, statutory exclusions, manifest-injustice requirement, and the other provisions of § 19.2-392.12.
Can Multiple Receiving Stolen Property Charges Be Sealed in One Petition?
Potentially. Virginia Code § 19.2-392.12 allows a petition to include multiple eligible charges or convictions 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. Separate receiving-stolen-property offenses arising from different transactions or occurrences cannot be combined into a single petition merely because each charge was brought under § 18.2-108.
This distinction may be important when a prosecution involved multiple items of property, multiple alleged transactions, or companion larceny or fraud charges.
Is Receiving Stolen Property Automatically Sealed in Virginia?
No. A conviction under § 18.2-108 is not among the offenses currently listed for automatic conviction sealing under Virginia Code § 19.2-392.6.
This is true even when the receiving-stolen-property conviction receives misdemeanor larceny punishment. The automatic-sealing statute specifically identifies certain misdemeanor convictions under § 18.2-96 and § 18.2-103, but it does not list § 18.2-108.
An eligible receiving-stolen-property conviction therefore generally requires petition-based sealing under § 19.2-392.12 rather than automatic conviction sealing.
What Other Requirements Apply to Receiving Stolen Property 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 additional findings before a court may grant 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 conviction must fall within an eligible misdemeanor or felony category;
- 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;
- If the records indicate that the occurrence involved the use of or dependence upon alcohol, narcotics, or another self-administered intoxicant or drug, the petitioner must demonstrate rehabilitation;
- 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;
- The victim of the offense must not have been a family or household member of the petitioner if the petition is proceeding under § 19.2-392.12; 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 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 Larceny or Property Charges Be Sealed?
A receiving-stolen-property case may involve additional theft, fraud, or property charges arising from the same transaction or occurrence. Depending on the particular statute and final disposition, related offenses such as grand larceny, petit larceny, shoplifting, embezzlement, unauthorized use, or obtaining money by false pretenses may also qualify for record sealing.
Each related charge must independently qualify for sealing. The fact that a receiving-stolen-property conviction is eligible does not automatically make every companion charge eligible.
What Happens When a Receiving Stolen Property Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible court records and criminal history record information relating to the receiving-stolen-property 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 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 reflect the arrest, conviction, reduction, dismissal, or other eligible disposition.
How Do I Petition to Seal a Receiving Stolen Property Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the receiving-stolen-property 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 § 18.2-108 and the final disposition;
- Determining the value and circumstances of the property involved;
- Determining whether the final conviction received felony or misdemeanor larceny punishment;
- For a felony conviction, confirming that the offense was one in which the defendant was deemed guilty of larceny and punished as provided in § 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 Receiving Stolen Property Record Sealing FAQs
Can a receiving stolen property conviction be sealed in Virginia?
Potentially. Virginia Code § 18.2-108 provides that a person who knowingly buys or receives stolen property, or aids in concealing it, is deemed guilty of larceny. An eligible misdemeanor disposition or a qualifying felony punished under § 18.2-95 may qualify for petition-based sealing under § 19.2-392.12 when the other statutory requirements are satisfied.
Is receiving stolen property a felony in Virginia?
It can be. Because § 18.2-108 deems the defendant guilty of larceny, the value and circumstances of the property generally determine whether the offense receives felony grand larceny or misdemeanor petit larceny punishment. For ordinary property, the current grand larceny threshold is $1,000 or more.
Can misdemeanor receiving stolen property be sealed?
Potentially. When a receiving-stolen-property conviction receives misdemeanor punishment, an otherwise eligible conviction may qualify for petition-based sealing under § 19.2-392.12. The general waiting period for an eligible misdemeanor is seven years.
Why can felony receiving stolen property qualify for record sealing?
Virginia Code § 19.2-392.12 specifically permits sealing of certain felony offenses in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95. Section 18.2-108 expressly provides that a person convicted of receiving stolen property under the statute is deemed guilty of larceny.
How long do I have to wait to seal a receiving stolen property 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 receiving property believed to be stolen in a police operation be sealed?
Potentially. Virginia Code § 18.2-108 also applies when a person buys or receives property used by law enforcement during a criminal investigation while believing that the property was stolen. The resulting disposition must still fall within an eligible sealing category and satisfy the other requirements of § 19.2-392.12.
Is receiving stolen property automatically sealed in Virginia?
No. A conviction under § 18.2-108 is not among the offenses currently listed for automatic conviction sealing under § 19.2-392.6. An eligible receiving-stolen-property conviction generally requires petition-based sealing under § 19.2-392.12.
Does sealing a receiving stolen property 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 receiving-stolen-property 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, property value, criminal history, waiting period, restitution, related charges, and other statutory requirements to determine whether petition-based record sealing may be available.
9/2/2026