Can an Embezzlement Conviction Be Sealed in Virginia?

If you have an embezzlement conviction on your record, you may be wondering whether it can ever be sealed and what that means for your future. Beginning July 1st, 2026, embezzlement is one of the felony convictions that can be sealed under Virginia’s new Clean Slate Law, but it won’t happen automatically. You must first file a petition with the court, meet eligibility requirements, and prove to the court that continued public access to your record causes manifest injustice. Clean Slate Virginia is here to help you navigate this process so you can take hold of your future.

What is Embezzlement Under Virginia Law?

Embezzlement is defined under Virginia Code § 18.2-111. Unlike larceny, which involves taking property that does not belong to you, embezzlement involves the wrongful taking or misuse of property that was lawfully entrusted to you. This is what makes it a crime of breach of trust. Under the statute, a person commits embezzlement when they wrongfully and fraudulently use, dispose of, conceal, or take money or property that was:

• Received on behalf of another person, employer, or business;
• Held by virtue of a position of office, trust, or employment; or
• Entrusted or delivered to them by another person, court, corporation, or company.

Common examples include an employee skimming from a business, a bookkeeper diverting company funds, or a caretaker misusing money belonging to someone in their care. The defining element is that the person had legitimate access to the property and then abused it.

Under Virginia law, embezzlement is treated as a form of larceny and is charged and punished accordingly. Whether it is a misdemeanor or a felony depends on the value of the property involved: embezzlement of property worth $1,000 or more is charged as a felony (punishable as grand larceny under § 18.2-95), while embezzlement of property worth less than $1,000 is a Class 1 misdemeanor.

Virginia Code § 18.2-111 — Embezzlement Defined

“If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement.”

Source: law.lis.virginia.gov — Va. Code § 18.2-111

Is Embezzlement Eligible to Be Sealed in Virginia?

Yes, under Virginia Code § 19.2-392.12, embezzlement convictions will be eligible for petition-based sealing beginning July 1, 2026. Because embezzlement is treated as larceny under Virginia law, it falls within the category of larceny-related offenses covered by the new Clean Slate legislation.

This matters especially for people with embezzlement convictions, because this charge often carries lasting professional consequences beyond the criminal sentence itself — particularly for those in finance, accounting, healthcare, or any field requiring a position of trust. Sealing the record can meaningfully change what employers and licensing boards are able to see.

Important: Embezzlement will NOT be sealed automatically. If you do nothing, your record will remain public.

What You Need To Know About the Record Sealing Process

You Must File a Petition with the Circuit Court

Sealing an embezzlement conviction requires filing a formal petition with the Virginia Circuit Court in the county or city where the original conviction occurred. Once filed, the Commonwealth’s Attorney receives notice and may choose to object or to consent. A circuit court judge reviews the petition and makes the final decision.

10-Year Waiting Period

Because felony embezzlement is punished under the same statute as grand larceny, it is subject to a 10-year clean record requirement before you can petition. The clock starts from whichever of the following occurred most recently:

• The date of your conviction
• The date you were released from incarceration
• The date of any conviction for a probation violation or the date the sentence was completed following such a conviction.

Important: Any new criminal conviction during that 10-year window resets your eligibility. The entire period must be conviction-free.

Only 2 Petitions Per Lifetime

Virginia’s sealing law imposes a strict lifetime cap: each person may only have convictions from two separate sentencing events sealed through the petition process. If multiple charges were sentenced on the same day, they may count as a single event, but careful planning is still essential. A misstep in timing or charge selection can permanently forfeit your remaining eligibility. This is one of the strongest reasons to consult with an attorney before filing.

You Must Prove “Manifest Injustice”

Felony sealing petitions require more than simply meeting the waiting period. You must affirmatively show the court that keeping your record public causes manifest injustice, meaning the ongoing harm to your life outweighs any public interest in continued access. Judges weigh factors like how long ago the offense occurred, the steps you’ve taken since, your current responsibilities, and the concrete ways the conviction still holds you back.

For embezzlement convictions specifically, this may include demonstrating that the record is preventing you from working in your trained profession, obtaining a professional license, or passing a background check for employment that has nothing to do with financial responsibility. Judges understand that people change, and a well-prepared petition tells that story.

All Restitution Must Be Paid

Your petition cannot be granted if any court-ordered restitution remains outstanding. Embezzlement cases almost always include a restitution order to compensate the employer, business, or individual who suffered the financial loss. 

Can Any Factors Disqualify Me From Having My Embezzlement Conviction Sealed?

Even if your embezzlement conviction meets the basic criteria, other parts of your criminal history could block eligibility. The following will disqualify you:

• Any prior conviction for a Class 1 or Class 2 felony
• Any Class 3 or Class 4 felony conviction within the past 20 years
• Any felony conviction of any kind within the past 10 years
• The offense must have occurred on or after January 1st, 1986
• Convictions involving a family or household member as the complaining witness are not eligible

Important: If your embezzlement charge was prosecuted alongside other felony charges in the same case, those additional convictions may affect your overall eligibility. Contact Clean Slate Virginia to review your complete record.

What Happens When Your Petition Is Granted?

A successful petition can open doors that have been closed for years. Once a court orders your embezzlement conviction sealed:

• The conviction will be removed from most background checks run by employers, landlords, and licensing agencies.
• You can truthfully answer “no” when most job applications ask whether you have a criminal record.
• Your case will no longer appear in the court’s public online records.
• Private landlords will not be able to find the sealed conviction when screening your rental application.
• Third-party background check companies are legally prohibited from reporting sealed records.

Let’s Start The Process

An embezzlement conviction doesn’t have to follow you forever. Virginia’s Clean Slate Law opens a real path forward beginning July 1, 2026, and Clean Slate Virginia can help you get there. We’re building petitions now, so eligible clients hit the ground running on day one.

Get started for $99. Reach out today for a confidential conversation about your record.