Virginia Unauthorized Use of a Vehicle Record Sealing
Can an unauthorized use of a vehicle charge or conviction be sealed in Virginia? In many cases, yes. Virginia Code § 18.2-102 makes unauthorized use a Class 6 felony when the vehicle is valued at $1,000 or more and a Class 1 misdemeanor when its value is less than $1,000. Virginia Code § 19.2-392.12 permits petition-based sealing of eligible misdemeanors and Class 5 and Class 6 felonies. Eligibility depends on the final disposition, offense date, criminal history, waiting period, identity of the victim, restitution if applicable, and the other statutory requirements.
Virginia Unauthorized Use of a Vehicle Record Sealing Guide
Related Virginia Record Relief Guides
- Virginia Record Relief Guide
- Virginia Record Sealing Guide
- Virginia Expungement Guide
- Virginia Clean Slate Guide
Can an Unauthorized Use of a Vehicle Conviction Be Sealed in Virginia?
Yes. Many Virginia unauthorized use convictions may qualify for petition-based record sealing. Virginia Code § 18.2-102 provides for either a Class 6 felony or a Class 1 misdemeanor depending on the value of the vehicle. Both classifications are among the types of convictions that may be eligible for sealing under Virginia Code § 19.2-392.12.
Section 18.2-102 is not itself listed among the offenses specifically excluded from petition-based sealing. However, the classification of the conviction is only one part of the eligibility analysis. 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 all other statutory requirements.
The circumstances of the offense also matter. In particular, § 19.2-392.12 excludes an otherwise eligible offense when the victim of the crime to be sealed was a family or household member of the petitioner as defined by Virginia law.
What Is Unauthorized Use of a Vehicle in Virginia?
Virginia Code § 18.2-102 prohibits taking, driving, or using another person’s vehicle without the owner’s consent and in the owner’s absence when the person intends temporarily to deprive the owner of possession but does not intend to steal the vehicle.
The statute actually applies to animals, aircraft, vehicles, boats, and vessels. In motor vehicle cases, the important elements include lack of consent and an intent to deprive the owner of possession temporarily rather than an intent to steal the vehicle permanently.
The statute also provides that an owner’s consent to use a vehicle on a previous occasion does not automatically establish consent on a later occasion. A person who assists in or participates as an accessory or accomplice in the unauthorized taking, driving, or use is subject to the same punishment as the principal offender.
What Is the Difference Between Unauthorized Use and Auto Theft or Grand Larceny?
The principal distinction between unauthorized use and larceny of a vehicle concerns the defendant’s intent. Unauthorized use under § 18.2-102 involves an intent temporarily to deprive the owner of possession without an intent to steal the vehicle.
Larceny involves the intent required to steal the property. For that reason, a person originally charged with grand larceny involving a motor vehicle may in some cases ultimately be convicted of unauthorized use instead.
For record-sealing purposes, the original arrest charge and the final disposition should both be reviewed. If an original felony larceny charge was reduced to unauthorized use, the final unauthorized-use conviction may independently qualify for petition-based sealing while the original felony arrest may remain part of the corresponding court and CCRE criminal history records.
Is Unauthorized Use of a Vehicle a Felony or Misdemeanor in Virginia?
The classification of unauthorized use under § 18.2-102 depends on the value of the vehicle or other property involved.
Felony Unauthorized Use
When the value of the vehicle is $1,000 or more, unauthorized use under § 18.2-102 is a Class 6 felony.
Virginia Code § 19.2-392.12 expressly includes eligible Class 6 felony convictions among the offenses that may be sealed by petition. An otherwise eligible felony unauthorized-use conviction may therefore qualify if all of the remaining statutory requirements are satisfied.
Misdemeanor Unauthorized Use
When the value of the vehicle is less than $1,000, unauthorized use under § 18.2-102 is a Class 1 misdemeanor.
An otherwise eligible misdemeanor conviction may also qualify for petition-based sealing. The classification is important because it affects the applicable waiting period.
Unauthorized Use, CCRE Records, and Criminal Background Checks
An unauthorized use 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 criminal-history reporting requirements.
The CCRE criminal history record is distinct from the publicly accessible court record. A criminal history may identify the original arrest charge and the later conviction, reduction, dismissal, or other final disposition.
This can be especially important when a person was originally arrested for grand larceny or another felony involving a motor vehicle and the charge was later reduced to unauthorized use. The original felony arrest may remain reflected in the criminal history even though the final conviction was for a different offense.
When a court enters a qualifying sealing order under § 19.2-392.12, the clerk 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 an Unauthorized Use Conviction?
The applicable waiting period depends on whether the final unauthorized-use disposition is a felony or misdemeanor.
Felony Unauthorized Use
The general waiting period for an eligible Class 6 felony unauthorized-use conviction is ten years.
Misdemeanor Unauthorized Use
The general waiting period for an eligible Class 1 misdemeanor unauthorized-use conviction is seven years.
The waiting period does not necessarily begin on the date of the original arrest or conviction. Virginia Code § 19.2-392.12 measures the applicable period from the latest event specified 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 complete Virginia and national criminal history should therefore be reviewed when determining whether the waiting-period requirements have been satisfied.
What If Grand Larceny or Auto Theft Was Reduced to Unauthorized Use?
A person accused of taking another person’s vehicle may initially face a felony larceny charge but ultimately receive an unauthorized-use disposition. This can occur when the final resolution reflects an intent temporarily to deprive the owner of possession rather than an intent to steal the vehicle.
If the final conviction is felony unauthorized use under § 18.2-102, the conviction is a Class 6 felony and may potentially qualify for petition-based sealing. The general felony waiting period is ten years.
If the final unauthorized-use conviction is a Class 1 misdemeanor, an otherwise eligible conviction may potentially qualify after the applicable seven-year period.
The original felony arrest remains important to the analysis because it may have generated CCRE criminal history information. The original charge, amended charge, final disposition, and corresponding criminal history record should therefore be reviewed together when preparing a sealing petition.
What If the Unauthorized Use Charge Was Dismissed?
A dismissed unauthorized-use 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 an unauthorized-use conviction.
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 those records are expunged or sealed under an applicable provision of Virginia law.
Can Unauthorized Use Be Sealed If the Vehicle Belonged to a Family or Household Member?
This issue requires particular attention in an unauthorized-use case. Virginia Code § 19.2-392.12 provides that an offense is ineligible for petition-based sealing under that section when the victim of the crime to be sealed was a family or household member of the petitioner as defined in § 16.1-228.
As a result, an unauthorized-use conviction that would ordinarily fall within an eligible misdemeanor or Class 6 felony classification may nevertheless be excluded if the victim of the offense was a qualifying family or household member.
This may arise, for example, when the underlying vehicle dispute involved a spouse or another person who falls within the statutory family-or-household-member definition. The identity and legal relationship of the victim should therefore be reviewed as part of the eligibility analysis rather than assuming that every Class 6 felony or misdemeanor conviction under § 18.2-102 can be sealed.
Does Restitution Affect Unauthorized Use 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.
The sentencing order and court payment records should therefore be reviewed to determine whether restitution was ordered and whether the obligation has been completely satisfied.
Payment of restitution does not by itself establish eligibility. The petitioner must still satisfy the waiting period, criminal-history requirements, petition limits, statutory exclusions, manifest-injustice requirement, and the other provisions of § 19.2-392.12.
Can Multiple Unauthorized Use 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. Charges involving separate vehicles or separate incidents cannot be combined merely because each charge involved unauthorized use under § 18.2-102.
This same-transaction rule can also be important when an unauthorized-use case included companion charges arising from the same incident.
What Other Requirements Apply to Unauthorized Use 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 statutory 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 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;
- 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 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 arising from the same transaction or occurrence may be included in one petition when the statutory requirements are satisfied.
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.
Is Unauthorized Use of a Vehicle Automatically Sealed in Virginia?
No. A conviction under § 18.2-102 is not among the offenses currently listed for automatic conviction sealing under Virginia Code § 19.2-392.6.
An eligible unauthorized-use conviction therefore generally requires a petition under § 19.2-392.12 rather than relying on automatic conviction sealing. The petitioner must establish the applicable statutory requirements before the court may order the record sealed.
What Happens When an Unauthorized Use Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible court records and criminal history record information relating to the unauthorized-use 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 original arrest, conviction, reduction, dismissal, or other eligible disposition.
How Do I Petition to Seal an Unauthorized Use of a Vehicle Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the unauthorized-use 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 § 18.2-102 and the final disposition;
- Determining whether the unauthorized-use conviction was a Class 6 felony or Class 1 misdemeanor;
- Reviewing any original grand larceny, vehicle-theft, or other charge that was amended or reduced;
- 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;
- Determining whether the victim was a family or household member within the statutory definition;
- 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 Unauthorized Use of a Vehicle Record Sealing FAQs
Can an unauthorized use of a vehicle conviction be sealed in Virginia?
Potentially. Unauthorized use under Virginia Code § 18.2-102 is either a Class 6 felony or a Class 1 misdemeanor depending on the value of the vehicle. Both classifications may qualify for petition-based sealing under § 19.2-392.12 when the waiting period, criminal history, victim-related restrictions, restitution, petition-limit, manifest-injustice, and other statutory requirements are satisfied.
Is unauthorized use of a vehicle a felony in Virginia?
Unauthorized use is a Class 6 felony when the vehicle is valued at $1,000 or more. If the vehicle is valued at less than $1,000, the offense is a Class 1 misdemeanor under Virginia Code § 18.2-102.
How long do I have to wait to seal an unauthorized use conviction?
The general waiting period is ten years for an eligible felony unauthorized-use 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 misdemeanor unauthorized use of a vehicle be sealed?
Potentially. Unauthorized use of a vehicle valued at less than $1,000 is a Class 1 misdemeanor. An otherwise eligible misdemeanor conviction may qualify for petition-based sealing under § 19.2-392.12 after the applicable seven-year period and satisfaction of the other statutory requirements.
Can a grand larceny vehicle charge reduced to unauthorized use be sealed?
Potentially. When an original felony larceny charge results in an unauthorized-use conviction, the final disposition is important to the sealing analysis. Felony unauthorized use is a Class 6 felony and misdemeanor unauthorized use is a Class 1 misdemeanor, both of which may qualify for petition-based sealing. The original felony arrest and corresponding CCRE criminal history information should also be reviewed.
Can unauthorized use be sealed if the vehicle belonged to a family or household member?
Not under the ordinary petition procedure in § 19.2-392.12 if the victim of the offense was a family or household member of the petitioner as defined by Virginia law. The statute specifically makes offenses involving a family or household member victim ineligible for sealing under that section.
Is unauthorized use of a vehicle automatically sealed in Virginia?
No. A conviction under § 18.2-102 is not among the offenses currently listed for automatic conviction sealing under § 19.2-392.6. An eligible unauthorized-use conviction generally requires petition-based sealing under § 19.2-392.12.
Does sealing unauthorized use 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 unauthorized use 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, criminal history, waiting period, identity of the victim, restitution, related charges, and other statutory requirements to determine whether petition-based record sealing may be available.
9/2/2026