In Virginia, the legal landscape surrounding Class One misdemeanors has changed significantly with the introduction of new record sealing laws. These laws provide a pathway for some misdemeanor convictions, including Class One misdemeanors, to be sealed from public view, helping individuals move forward without the long-lasting stigma of a criminal record.

If you’ve been charged with a Class One misdemeanor, understanding the consequences and your legal options, including the ability to seal or expunge your record, is critical. Clean Slate Virginia focuses on helping clients navigate these complex legal issues and secure their future.

What is a Class One Misdemeanor in Virginia?

A Class One misdemeanor is the most serious type of misdemeanor offense in Virginia. It encompasses a range of crimes that, while not felonies, still carry significant penalties. These offenses can include crimes like:

• Driving under the influence (DUI)
• Assault and battery
• Domestic violence
• Petty larceny (theft of items under $1,000)
• Reckless driving
• Trespassing

Class One misdemeanors are criminal convictions that remain on your record unless steps are taken to seal or expunge them, potentially affecting employment opportunities, housing applications, and more.

Virginia’s New Record Sealing Laws: A Path to Sealing Class One Misdemeanors

Beginning July 1, 2025, Virginia will allow certain misdemeanor convictions to be sealed from public view under its new record sealing laws. These laws are designed to give individuals a second chance by limiting who can see their criminal record, including potential employers, landlords, and educational institutions.

For Class One misdemeanors, there are two pathways to sealing a conviction

1. Automatic Sealing: Some misdemeanor convictions, after a set period of time with no further offenses, will be automatically sealed without any action required by the individual.
2. Sealing by Petition: Other Class One misdemeanor convictions must be sealed through a petition to the circuit court. This process requires a petition and the court will review the request before deciding whether or not to seal the record. Clean Slate Virginia focuses on this petition process, ensuring all legal requirements are met and advocating on your behalf.

How Class One Misdemeanor Convictions Impact Employment Opportunities

A conviction for a Class One misdemeanor can have serious consequences for your future, especially when it comes to employment. Many employers conduct background checks, and a misdemeanor conviction will typically appear, raising concerns about your character, trustworthiness, or judgment. Jobs in sensitive fields such as healthcare, education, finance, and law enforcement may be particularly difficult to secure with a criminal record.

Even though misdemeanors are less severe than felonies, they are still criminal convictions, and their presence on your record can create long-term obstacles to career advancement, housing, and even obtaining professional licenses.

Sealing your record, when possible, helps protect you from these negative outcomes.

The Importance of Avoiding Class One Misdemeanor Convictions on Your Record

Because Class One misdemeanors stay on your criminal record, avoiding a conviction is paramount. Having a Class One misdemeanor on your record can impact nearly every aspect of your life, from employment and housing to your reputation within the community.

If you are charged with a Class One misdemeanor, it is critical to work with an experienced defense attorney, like those at Clean Slate Virginia, to explore your legal options. Whether through dismissal, a reduction of charges, or seeking a favorable plea agreement, we will work to minimize the impact on your record.

Virginia Code Section 19.2-298.02: Dismissing and Expunging Class One Misdemeanors

Virginia law provides additional relief under Virginia Code Section 19.2-298.02, which allows for Class One misdemeanor charges to be dismissed and later expunged if the prosecutor agrees to the dismissal. This legal option is particularly important in cases where you may have been wrongly charged or where evidence is weak. Dismissal and subsequent expungement completely remove the charge from your criminal record, making it as though the charge never existed.

Clean Slate Virginia works closely with prosecutors to negotiate dismissals when possible, especially for first-time offenders or in cases where mitigating circumstances exist. Once dismissed, Clean Slate Virginia helps clients take the necessary steps to expunge the charge, clearing their record and protecting their future.

Punishments for Class One Misdemeanors in Virginia

If convicted, Class One misdemeanors in Virginia can result in severe penalties, including:

• Up to 12 months in jail
• Fines of up to $2,500
• Probation or supervised release
• Mandatory counseling or community service

In addition to the legal penalties, having a conviction on your record can carry long-lasting consequences that affect your personal and professional life. The introduction of Virginia’s new record sealing laws offers hope for individuals seeking to move forward without the burden of a criminal record, but the best way to avoid these issues is to prevent a conviction in the first place.

Legal Process for a Class One Misdemeanor Charge

When you are charged with a Class One misdemeanor, the legal process follows several critical stages:

1. Arrest and Charge: You are formally charged with a Class One misdemeanor after an arrest.
2. Arraignment: You appear before the court to receive a trial date and inform the court of your attorney status.
3. Pre-Trial Motions: This phase allows for evidence gathering and negotiations, often leading to dismissals or plea bargains.
4. Trial: If a plea deal cannot be reached, the case may go to trial.
5. Sentencing: If convicted, you will face sentencing by the judge.

Having a skilled attorney is vital at each step of the process, whether to negotiate favorable outcomes or to represent you at trial. Clean Slate Virginia provides personalized legal strategies to ensure your rights are protected every step of the way.

Common Defenses for Class One Misdemeanors

Several defenses may be applicable in Class One misdemeanor cases, including:

Self-defense: Especially relevant in assault cases.

Mistaken identity: Arguing that you were wrongfully accused.

Lack of intent: In cases like theft or vandalism, where intent plays a key role.

Clean Slate Virginia works to build the strongest possible defense for each client, ensuring that all legal avenues are explored.

Conclusion: The Importance of Protecting Your Record

Facing a Class One misdemeanor in Virginia is serious, but with the right legal support, you can minimize its impact. Virginia’s new record sealing laws offer a second chance for many individuals, allowing for some misdemeanor convictions to be sealed, either automatically or through petitioning the court.

Clean Slate Virginia focuses on defending clients against misdemeanor charges, negotiating dismissals, and guiding clients through the process of sealing or expunging their record. Clean Slate Virginia understands the importance of keeping your criminal record clean and protecting your future.