Virginia Misdemeanors

Generally, a misdemeanor is considered a less severe offense than a felony but more serious than a civil infraction or minor violation. Each state's criminal code determines what qualifies as a misdemeanor and the corresponding penalties. For this reason, Virginia residents need to understand how misdemeanors are defined and penalized in the state, how major cities maintain misdemeanor records, and how long such records may remain on an individual’s record.

What Is a Misdemeanor in Virginia?

The primary differences between a misdemeanor and a felony in Virginia are the seriousness of the offense and the severity of the punishment. Misdemeanors are often punishable by confinement in a local or county jail, along with fines. Felonies, on the other hand, can lead to incarceration in a state penitentiary for more than a year.

In Virginia, misdemeanors are divided into four classes, and each class has a set range of punishment. However, offenses within the same class may carry different penalties depending on the nature and circumstances of the offense. For instance, petit larceny, simple assault, and a first-offense DUI are all grouped under a Class 1 misdemeanor. A petit larceny conviction can lead to a short jail time and fines, while a DUI conviction is punishable by compulsory fines and license suspension.

In addition, committing a crime due to prejudice or hatred can also result in enhanced penalties regardless of the misdemeanor class.

Misdemeanor Classes and Penalties in Virginia

Depending on the class of misdemeanor, an individual convicted of a misdemeanor offense in Virginia may be subject to the following penalties, as provided under § 18.2-11 of the Code of Virginia:

• Class 1 Misdemeanor: Offenses in this category are punishable by up to 12 months in jail and/or a fine of up to $2,500.
• Class 2 Misdemeanor: An offender may face up to 6 months in jail and/or a fine of up to $1,000.
• Class 3 Misdemeanor: These offenses carry only a monetary penalty, with fines of up to $500.
• Class 4 Misdemeanor: Offenders may be fined up to $250.

Besides fines and jail time, Virginia courts may impose other conditions, including suspended sentences, probation, restitution, no-contact orders, community service, participation in treatment programs, and enrollment in the Virginia Alcohol Safety Action Program (VASAP) for DUI-related cases.

Misdemeanor Court Process in Virginia

Most adult misdemeanors and traffic offenses in Virginia are heard by a judge in the General District Courts (GDC). Within 10 days, a defendant can file an appeal after a judgment order to the Circuit Court, where the case will be heard as a new trial.

Like all criminal cases, misdemeanor cases in Virginia follow a general sequence of court procedures from the time of arrest to possible appeal. A misdemeanor case begins when law enforcement arrests an individual or issues them a summons requiring them to appear in court for an alleged offense. At the first appearance, the judge informs the defendant of the charge, their right to an attorney, and the possible penalties.

Before trial, both the defense and prosecution can exchange evidence through discovery and attempt to reach a plea agreement. The case proceeds to trial only if the parties do not reach an agreement. During the trial, the prosecution presents its evidence first, followed by the defense. If the defendant is found guilty, the judge imposes a sentence based on the misdemeanor class and any aggravating or mitigating factors.

Misdemeanor Records in Major Virginia Cities

• Richmond City: In Richmond City, misdemeanor cases are managed in the Richmond General District Court, located at 400 North 9th Street. You can search for case information and hearing dates through the GDC Online Case Information System.
• Fairfax County: The Fairfax General District Court does not conduct jury trials for misdemeanor cases. For archived misdemeanor records, you may contact the Clerk’s Office directly.
• Virginia Beach: You may use the GDC Online Case Information System to look up misdemeanor cases heard in Virginia Beach City by entering a defendant’s name, case number, or hearing date.

While searching for information on misdemeanor records, you may find party names, charges with statute cites, Register of Actions, disposition, sentence terms, and financial balances.

How to Search for Misdemeanor Records in Virginia

To search for misdemeanor records in Virginia, you may begin your search from the Judiciary’s Case Status and Information page. Then, choose the General District Court Case Information from the drop-down menu. Select your desired court from the left side of the landing page and search by name, case number, or hearing date.

You may visit the Clerk’s Office if you prefer to view documents in misdemeanor cases in person. In addition, this Office may provide copies of older or archived records within two to three business days.

Furthermore, it is important to note that court dockets are not the same as a RAP sheet. To acquire an official Virginia criminal history record, you must submit Form SP-167 along with the required fees to the Virginia State Police by mail.

How Long Does a Misdemeanor Stay on Your Record in Virginia?

Without court-ordered relief, a misdemeanor can remain publicly accessible indefinitely on court dockets and in criminal-history files.

Current expungement (until July 1, 2026)

In accordance with § 19.2-392.2 of the Code of Virginia, a judge may order the expungement of arrest records or charges that did not lead to a conviction, such as acquittals, dismissals, or nolle prosequi. In addition, an individual may petition the court to expunge the record of a conviction for which they have received an absolute pardon. To do so, the requester must file a petition in the Circuit Court where the case was heard and submit fingerprints for processing through the Central Criminal Records Exchange (CCRE).

Record sealing (new law delayed to July 1, 2026)

Virginia passed a new law creating both automatic and petition-based record sealing for certain misdemeanor cases in 2021. To qualify, an applicant must wait seven years from the date of conviction or dismissal without any subsequent conviction. The main provisions of this law will take effect on July 1, 2026, and until then, sealing a misdemeanor record is only possible through an absolute pardon or if the conviction is vacated.