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Is Your Old Shoplifting Record About to Be Sealed in Virginia?

Starting October 1, 2026, Virginia State Police begin sending courts monthly lists of old shoplifting, petit larceny, trespass, disorderly conduct and small-scale marijuana distribution convictions to be sealed. Three rules decide whether yours makes the list, and a free petition covers cases that don't.

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An open folder of aged, illegible court papers lit by a brass desk lamp on a dark wood-paneled desk, with blurred book spines in the background.

Virginia automatic record sealing begins October 1, 2026. Each month, State Police will identify old misdemeanor convictions for petit larceny, shoplifting, trespass, disorderly conduct and small-scale marijuana distribution where seven years have passed with no new reportable conviction, and send them to circuit courts for sealing orders. If your case qualifies, you do not have to file anything.

The broader law is already in force. According to the Virginia State Crime Commission, "On July 1, 2026, various statutes will take effect in Virginia that allow for the automatic and petition sealing of numerous offenses." The automatic part for these conviction offenses starts later. The Legal Aid Justice Center says "Some records will be sealed automatically starting on October 1, 2026," and the Chesapeake and Norfolk circuit court clerks give the same date. They say the delay comes from system upgrades across state agencies.

If you have an old shoplifting or petit larceny conviction, here is how to tell whether it will be sealed automatically, why it might be skipped, and what to do if it is.

Which convictions qualify for automatic sealing

Automatic sealing of convictions under Va. Code § 19.2-392.6(A) covers only these offenses:

  • Petit larceny, misdemeanor convictions under § 18.2-96

  • Shoplifting (concealing merchandise or altering price tags), misdemeanor convictions under § 18.2-103

  • Trespass after being forbidden under § 18.2-119

  • Instigating trespass under § 18.2-120

  • Trespass on posted property under § 18.2-134

  • Misdemeanor marijuana distribution or possession with intent to distribute under § 18.2-248.1

  • Disorderly conduct in public places under § 18.2-415

The offense date has to be on or after January 1, 1986.

The misdemeanor line matters

Under current law, petit larceny is larceny of goods worth less than $1,000 (or less than $5 taken from a person). Shoplifting under § 18.2-103 is punished as petit larceny when the goods are worth less than $1,000 and as grand larceny at $1,000 or more. Automatic sealing covers only misdemeanor-level convictions. A grand larceny conviction will not be sealed automatically, even if the underlying conduct was shoplifting.

The marijuana distribution tier

The misdemeanor tiers of § 18.2-248.1 cover distribution of "not more than one ounce" (a Class 1 misdemeanor) and distribution "only as an accommodation" without profit. That statute is set to be repealed effective July 1, 2027. A 2026 Special Session I amendment changes the sealing law to refer to "former § 18.2-248.1" from that date, so these convictions stay covered after the repeal.

Step 1: Count seven clean years from the conviction date

The clock runs from the date of conviction, not the date of arrest or the offense. Section 19.2-392.6(B) says a listed conviction "shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period."

A wooden date holder, a stack of blank case folders and a rubber date stamp on an inkpad at a courthouse clerk's counter.

In practice, that means two things will stop the clock from working in your favor:

  • A new Virginia conviction during those seven years that must be reported to the Central Criminal Records Exchange (CCRE)

  • Any conviction in another state, D.C. or federal court during those seven years

Traffic infractions under Title 46.2 do not count against you.

Step 2: Watch for the same-day trap

This rule catches many people who took a plea covering more than one charge. Section 19.2-392.6(C) says: "No conviction listed under subsection A shall be automatically sealed if, on the date of the conviction, the person was convicted of another offense that is not eligible for automatic sealing under subsection A."

Two case folders stacked with offset edges and a glinting paperclip, lit by raking lamp light on a dark wood desk.

For example, if a petit larceny plea was entered the same day as a conviction for an offense that is not on the list, the petit larceny conviction will not be sealed automatically, even after seven clean years. Pull your court records and check what else was decided on the same date.

Step 3: Know why State Police might skip your case

Even an eligible conviction can be left off the monthly list. Under § 19.2-392.7(B), "The Department of State Police shall not be required to include an offense on such list if (i) it cannot be determined by an electronic review whether the offense is eligible for automatic sealing or (ii) an electronic review of the person's criminal history record indicates that the person was charged with violating the law of any other state, the District of Columbia, the United States or any territory thereof, excluding traffic infractions under Title 46.2, during the seven-year time period."

Note the word "charged." An out-of-state, D.C. or federal charge during the seven years can keep your case off the list even if that charge was dismissed or you were acquitted. Incomplete or unclear records can also stop an electronic review from confirming eligibility. In either situation, your route is a petition (see below).

How the automatic sealing process works

Section 19.2-392.7 sets out the process:

  • Every month, the Department of State Police electronically identifies eligible offenses.

  • State Police send the lists to the Executive Secretary of the Supreme Court of Virginia.

  • The Executive Secretary passes them each month to the right circuit court clerks.

  • Clerks prepare orders directing that the records be sealed.

  • The chief or presiding judge enters the orders.

  • Clerks notify State Police electronically, and the sealing orders are themselves sealed.

If your case is on the list, you don't attend a hearing, pay a fee or file paperwork.

If a record is sealed when it shouldn't have been, it can be reversed. Section 19.2-392.7(G) says the sealing "shall be voidable upon motion and notice made within two years of the entry of the order to automatically seal such offense."

When to file a petition instead

Automatic sealing does not stop you from going to court yourself. Section 19.2-392.6(D) keeps the petition options under § 19.2-392.12 and § 19.2-392.12:1 open. Consider a petition under § 19.2-392.12:1 if:

  • Your case is likely to be skipped because of a records problem or an out-of-state, D.C. or federal charge in the seven-year window.

  • You got a deferred dismissal rather than a conviction. The petition statute covers people convicted of, or given a deferred dismissal for, the same listed offenses, plus § 4.1-305 and § 18.2-265.3(A), with an offense date on or after January 1, 1986.

  • You want to seal related records. Under § 19.2-392.12:1(B), a person whose conviction was sealed automatically may petition to seal specifically identified "ancillary" matters tied to that charge or conviction.

How the petition works

  • Where to file: "in the circuit court of the county or city in which the case was disposed of."

  • Standard: The court must order sealing if seven years have passed and there has been no later CCRE-reportable conviction.

  • Cost: Nothing. The statute says "A person shall not be required to pay any court fees or costs for filing a petition pursuant to this section." The Chesapeake and Norfolk clerks confirm there have been no court filing fees or clerical costs for sealing petitions since July 1, 2026.

  • Prosecutor's response: "The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 30 days after it is delivered to him or received in the mail." If the prosecutor agrees you are eligible and does not object, the court may seal the records without a hearing.

  • Forms: According to the Chesapeake and Norfolk clerks, the Supreme Court of Virginia's standardized sealing forms are the CC-1201 series. CC-1473 is for expungements, which is a separate process.

The Norfolk Circuit Court Clerk's Office says petitions have been accepted since July 1, 2026. It lists eligible cases as including many misdemeanors, Class 5 and 6 felonies and grand larceny, and says people typically need seven clean years for a misdemeanor or ten for a felony. So a felony shoplifting conviction that can't be sealed automatically may still be eligible by petition. Get advice on your specific case before filing.

How long it takes

For the petition route, the Legal Aid Justice Center says "You should expect for the total process to take 8 to 12 months to complete." If you need a clean record for a job or housing application, start early rather than waiting to see whether your case turns up on an automatic list.

Where to get help

Both the Chesapeake and Norfolk clerks' offices say they cannot give legal advice or decide whether you are eligible. For that, go to legal aid or a private attorney. The Legal Aid Justice Center runs free clinics on expungement and record sealing.

Many people are affected. The Clean Slate Initiative estimates that about 415,000 Virginians could benefit from full or partial record sealing under the law, and that about 1.4 million Virginians have arrest or conviction records.

According to the Legal Aid Justice Center, the new law also provides for automatic sealing of:

  • Marijuana possession offenses, with no waiting period

  • Misdemeanor acquittals, nolle prosequis and dismissals (not deferred dismissals) after three years

  • Traffic infractions after 11 years

The Clean Slate Initiative also says more expungement-law changes take effect December 1, 2026.

Sources

Note: This article contains AI-assisted content and has been reviewed by our editorial team.

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Frequently asked questions

When does Virginia automatic record sealing start for shoplifting convictions?

Automatic sealing of misdemeanor shoplifting, petit larceny, trespass, disorderly conduct and misdemeanor marijuana distribution convictions begins October 1, 2026, according to the Legal Aid Justice Center and the Chesapeake and Norfolk circuit court clerks. The broader sealing statutes took effect July 1, 2026.

Will a grand larceny or felony shoplifting conviction be sealed automatically?

No. Automatic sealing covers only misdemeanor convictions under § 18.2-96 and § 18.2-103, which generally means goods worth less than $1,000. The Norfolk Circuit Court Clerk's Office says grand larceny may be eligible through a petition instead.

What stops an old conviction from being sealed automatically?

Automatic sealing is blocked by a new CCRE-reportable conviction, or a conviction in another state, D.C. or federal court, within seven years of the conviction date. It is also blocked if you were convicted of a non-eligible offense on the same date. State Police may also leave a case off the list if eligibility can't be confirmed electronically or if your record shows an out-of-state, D.C. or federal charge in that window.

Does it cost money to petition to seal a record in Virginia?

No. Va. Code § 19.2-392.12:1 says petitioners do not pay court fees or costs, and the Chesapeake and Norfolk clerks confirm there have been no filing fees for sealing petitions since July 1, 2026.

How long does a Virginia record sealing petition take?

The Legal Aid Justice Center says to expect the petition process to take 8 to 12 months. The prosecutor has 30 days to respond, and if they don't object the judge may seal the record without a hearing.

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Gavel Daily is an AI-operated publication. Articles may summarize statutes, court filings, or public reporting, but readers should verify time-sensitive legal details with primary sources or a licensed attorney.