Virginia Shoplifting Record Sealing
Can a Virginia shoplifting conviction be sealed? Yes. A misdemeanor conviction for shoplifting under Virginia Code § 18.2-103 is specifically included in Virginia’s automatic conviction-sealing law. Generally, seven years must pass since conviction without another disqualifying conviction, and an ineligible conviction entered on the same date can prevent automatic sealing. Felony shoplifting is not automatically sealed and requires a separate petition-based eligibility analysis.
Virginia Shoplifting 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 Shoplifting Conviction Be Sealed in Virginia?
Yes. Virginia Code § 19.2-392.6 specifically includes a misdemeanor violation of § 18.2-103 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 seven-year criminal-history requirement and the rule concerning other convictions entered on the same date.
Virginia law also permits a person with an eligible misdemeanor shoplifting conviction or qualifying deferred-and-dismissed shoplifting charge to petition the Circuit Court for sealing under § 19.2-392.12:1.
Felony shoplifting is different. The automatic-sealing statute applies specifically to misdemeanor violations of § 18.2-103. A felony shoplifting conviction is not automatically sealed and requires a separate analysis under Virginia’s petition-based sealing law.
What Is Shoplifting Under Virginia Code § 18.2-103?
Virginia Code § 18.2-103 covers several forms of conduct involving merchandise in a store or other mercantile establishment. The statute applies when a person acts without authority and with the required intent to convert merchandise without paying the full purchase price or to defraud the owner of the value of the merchandise.
Conduct covered by § 18.2-103 includes:
- Willfully concealing merchandise;
- Taking possession of merchandise;
- Altering a price tag or other price marking;
- Transferring merchandise from one container to another; and
- Counseling, assisting, aiding, or abetting another person in committing one of these acts.
The statute also provides that willful concealment of merchandise while still on the premises of the store is prima facie evidence of an intent to convert the merchandise and defraud the owner of its value.
Because § 18.2-103 covers more than simply walking out of a store with unpaid merchandise, the exact charge and final disposition should be reviewed when determining whether a record qualifies for sealing.
Is Shoplifting a Misdemeanor or Felony in Virginia?
The classification of shoplifting under § 18.2-103 depends on the value of the merchandise involved.
Misdemeanor Shoplifting
When the value of the goods or merchandise involved is less than $1,000, § 18.2-103 provides that the person is guilty of petit larceny. This is a misdemeanor disposition.
A misdemeanor conviction under § 18.2-103 is specifically listed in § 19.2-392.6 for automatic conviction sealing and is also included in the special petition procedure established by § 19.2-392.12:1.
Felony Shoplifting
When the value of the goods or merchandise is $1,000 or more, § 18.2-103 provides that the person is guilty of grand larceny.
A felony conviction under § 18.2-103 is not included in the automatic conviction-sealing provisions because § 19.2-392.6 specifically limits automatic shoplifting sealing to a misdemeanor violation of § 18.2-103.
Felony shoplifting is treated differently from misdemeanor shoplifting for record-sealing purposes. Because a qualifying felony shoplifting conviction is treated as grand larceny, the eligibility analysis may involve Virginia’s petition-based sealing provisions for grand larceny offenses. Learn more in our guide to Virginia Grand Larceny Record Sealing.
A felony shoplifting disposition requires review of the exact final conviction and the other requirements of Virginia Code § 19.2-392.12, including the applicable waiting period, criminal history, restitution if ordered, statutory exclusions, and other eligibility requirements.
Is Misdemeanor Shoplifting Automatically Sealed in Virginia?
Yes, when the statutory requirements are satisfied. Virginia Code § 19.2-392.6 specifically identifies misdemeanor violations of § 18.2-103 for 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.
A misdemeanor shoplifting conviction therefore does not necessarily become sealed merely because seven years have passed. The person’s intervening criminal history and any other convictions entered on the same date must also be considered.
How Long Does It Take for a Shoplifting Conviction to Be Automatically Sealed?
The general period for automatic sealing of an eligible misdemeanor shoplifting conviction is seven years from the date of conviction.
This automatic-sealing period is different from the waiting-period calculation that applies to many petitions filed under § 19.2-392.12. Section 19.2-392.6 specifically measures the automatic-sealing period from the date of conviction.
The person must also 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 misdemeanor shoplifting conviction. Section 19.2-392.6 requires that, during the seven years following conviction, the person not have another conviction meeting the criminal-history reporting criteria identified in the statute.
Traffic infractions under Title 46.2 are excluded from this particular restriction. Other criminal convictions should be reviewed before concluding that a shoplifting conviction qualifies for automatic sealing.
The analysis should be based on the person’s complete criminal history rather than solely on the court record for the shoplifting case.
What If I Was Convicted of Another Offense on the Same Day as Shoplifting?
A same-day conviction can prevent automatic sealing. Virginia Code § 19.2-392.6 provides that an otherwise qualifying misdemeanor shoplifting conviction will not be automatically sealed if the person was also convicted on that date of another offense that is not eligible for automatic sealing.
This issue can arise when several charges are resolved together. The shoplifting conviction may otherwise satisfy the seven-year requirement, but an additional ineligible conviction entered on the same date can prevent automatic sealing.
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 when the charge, conviction, or ancillary matter was 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 Shoplifting Conviction Be Sealed by Petition?
Yes. Virginia Code § 19.2-392.12:1 specifically permits a person convicted of a misdemeanor violation of § 18.2-103, 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 an eligible misdemeanor shoplifting conviction, the court shall enter a sealing order under § 19.2-392.12:1 when seven years have passed since 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 shoplifting charge or conviction.
Does a Shoplifting Petition Require Manifest Injustice?
The special petition procedure under § 19.2-392.12:1 does not impose the manifest-injustice requirement that applies to petitions under § 19.2-392.12. Instead, the statute provides that the court shall enter a sealing order when the requirements applicable to a petition under § 19.2-392.12:1 are satisfied.
This makes the petition procedure for qualifying misdemeanor shoplifting records different from the petition procedure used for many other misdemeanor and felony convictions.
Does a Shoplifting 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 charge or conviction must still satisfy the applicable statutory requirements. The absence of a lifetime numerical limit does not eliminate the seven-year requirement, criminal-history restrictions, same-date restriction, or other eligibility rules.
Can a Deferred and Dismissed Shoplifting Charge Be Sealed?
Potentially. Section 19.2-392.12:1 applies not only to misdemeanor shoplifting convictions but also to misdemeanor § 18.2-103 charges that were deferred and dismissed.
For a qualifying deferred-and-dismissed shoplifting charge, the court shall enter a sealing order when seven years have passed since the date the deferred charge was dismissed and the petitioner has not been convicted during that period of another offense meeting the criminal-history criteria identified by the statute, excluding Title 46.2 traffic infractions.
A deferred-and-dismissed charge is different from a misdemeanor shoplifting conviction subject to automatic conviction sealing under § 19.2-392.6. The exact final disposition should therefore be confirmed before determining the applicable sealing procedure.
What Is the Difference Between Shoplifting and Petit Larceny Record Sealing?
Shoplifting and petit larceny are closely related but arise under different Virginia statutes.
Petit larceny under § 18.2-96 is Virginia’s general misdemeanor larceny statute. Shoplifting under § 18.2-103 specifically addresses conduct involving merchandise in stores and other mercantile establishments, including concealment, taking possession, price-tag alteration, transferring merchandise between containers, and aiding or assisting another person.
For record-sealing purposes, both a misdemeanor violation of § 18.2-96 and a misdemeanor violation of § 18.2-103 are specifically included in Virginia’s automatic conviction-sealing statute and the special petition procedure in § 19.2-392.12:1.
For more information about the general misdemeanor larceny statute, see our guide to Virginia Petit Larceny Record Sealing.
What If Felony Shoplifting Was Reduced to Misdemeanor Shoplifting?
A shoplifting case may begin as a felony charge based on an allegation that the merchandise was worth $1,000 or more but ultimately result in a misdemeanor conviction. A reduction can result from the evidence concerning value, an amended charge, a plea agreement, or another disposition of the case.
If the final conviction is a misdemeanor violation of § 18.2-103, the conviction 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 charge remains important because it may appear in the court record and corresponding CCRE criminal history information. The original charge, amended charge, final conviction, and criminal-history record should therefore be reviewed together when determining what records are subject to sealing.
What About Older Repeat-Offender Shoplifting Convictions?
Virginia formerly had a repeat-larceny enhancement statute, § 18.2-104. That statute was repealed effective July 1, 2021.
Because Virginia’s current sealing laws can apply to qualifying offenses dating back to January 1, 1986, some people seeking record relief may have older court or CCRE records involving former § 18.2-104 or a repeat-offender larceny disposition.
An older felony record should not automatically be treated as a current misdemeanor § 18.2-103 conviction. The statute in effect at the time of the offense, the charging documents, final disposition, felony or misdemeanor classification, and criminal-history record should be reviewed to determine whether the older conviction qualifies for sealing.
Shoplifting, CCRE Records, and Criminal Background Checks
A misdemeanor shoplifting case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. A misdemeanor § 18.2-103 disposition is a jailable Title 18.2 offense and is 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 original arrest or charge and the final conviction, reduction, dismissal, or other disposition.
This distinction can be particularly important with shoplifting because the record identifies a theft-related offense that may be considered during employment, licensing, housing, and other background screening.
When a qualifying sealing order is entered, the covered criminal history record information maintained by the Virginia Department of State Police and the corresponding eligible court records are sealed in accordance with Virginia law.
What If the Shoplifting Charge Was Dismissed?
A shoplifting charge may be dismissed, nolle prossed, acquitted, deferred and dismissed, amended to another offense, or otherwise resolved without a shoplifting conviction.
The correct record-relief procedure depends on the exact final disposition. A qualifying deferred-and-dismissed misdemeanor § 18.2-103 charge is specifically included in § 19.2-392.12:1. Other non-conviction dispositions may be subject to Virginia’s automatic non-conviction sealing provisions or may present a traditional expungement issue.
A dismissal does not necessarily mean that every record of the charge has disappeared. The court record and corresponding CCRE criminal history should be reviewed before determining whether additional record relief is available or necessary.
Can Multiple Shoplifting Convictions Be Sealed?
Potentially. Section 19.2-392.12:1 does not impose a lifetime numerical limit on the number of petitions that may be granted under that section, and a petition granted under § 19.2-392.12:1 does not count toward the two-petition lifetime maximum applicable under § 19.2-392.12.
A petition under § 19.2-392.12:1 may also request sealing of multiple eligible charges, convictions, or ancillary matters when each matter qualifies under that section.
Each shoplifting record must still satisfy the applicable eligibility requirements, including the seven-year period and criminal-history restrictions.
What Happens When a Shoplifting 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 shoplifting case generated corresponding CCRE criminal history information, the applicable sealing process can result in that covered 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 shoplifting charge or conviction.
How Do I Petition to Seal a Shoplifting Conviction?
A petition under Virginia Code § 19.2-392.12:1 is filed in the Circuit Court for the city or county where the shoplifting 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 charge or conviction was under § 18.2-103;
- Determining whether the final disposition was misdemeanor shoplifting, felony shoplifting, or a deferred-and-dismissed charge;
- Confirming that the offense date was on or after January 1, 1986;
- For a misdemeanor conviction or qualifying deferred dismissal under § 19.2-392.12:1, determining whether seven years have passed since the applicable conviction or dismissal date;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether a disqualifying conviction occurred during the applicable seven-year period;
- Determining whether an 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 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.
Virginia Shoplifting Record Sealing FAQs
Can a shoplifting conviction be sealed in Virginia?
Yes. A misdemeanor conviction under Virginia Code § 18.2-103 is specifically included in Virginia’s automatic conviction-sealing law and may also qualify for the petition procedure in § 19.2-392.12:1. Felony shoplifting is not automatically sealed and requires a separate petition-based eligibility analysis.
Is misdemeanor shoplifting automatically sealed in Virginia?
Yes, when the statutory requirements are satisfied. A misdemeanor violation of § 18.2-103 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 a shoplifting conviction 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.
Can felony shoplifting be sealed in Virginia?
Felony shoplifting is not included in the automatic conviction-sealing provisions because § 19.2-392.6 specifically applies to misdemeanor violations of § 18.2-103. A felony shoplifting conviction requires a separate analysis under § 19.2-392.12 to determine whether the final conviction falls within a felony category eligible for petition-based sealing.
Can a deferred and dismissed shoplifting charge be sealed?
Potentially. Virginia Code § 19.2-392.12:1 specifically includes misdemeanor § 18.2-103 charges that were deferred and dismissed. Generally, seven years must have passed since dismissal and the petitioner must satisfy the criminal-history and other requirements of the statute.
What if another conviction was entered on the same day as my shoplifting conviction?
An otherwise qualifying misdemeanor shoplifting conviction is not automatically sealed under § 19.2-392.6 when the person was also convicted on that date of another offense that is not eligible for automatic sealing. Section 19.2-392.12:1 also contains a same-date restriction involving an ineligible conviction or deferred dismissal.
Does a shoplifting 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 shoplifting seal the CCRE criminal record?
When a shoplifting 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 shoplifting conviction may qualify for automatic sealing or, in appropriate cases, petition-based sealing. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the original shoplifting charge, final disposition, conviction date, criminal history, companion offenses, CCRE record, and other statutory requirements to determine whether the record is eligible for sealing.
9/2/2026