Can a Credit Card Theft or Forgery Conviction Be Sealed in Virginia?
Last updated: April 23, 2026
A credit card theft or forgery conviction on your record can raise immediate red flags with employers, financial institutions, and landlords — even when the offense is years in the past and your life looks completely different today. Beginning July 1st, 2026, these convictions are among the felonies that can be sealed under Virginia’s new Clean Slate Law, but the process requires action on your part. You must file a petition with the court, meet the eligibility requirements, and demonstrate to a judge 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 Are Credit Card Theft and Forgery Under Virginia Law?
Virginia law addresses credit card crimes across several statutes. The two most commonly charged felony offenses are credit card theft under § 18.2-192 and credit card forgery under § 18.2-193. While related, they describe distinct conduct.
Credit Card Theft — Va. Code § 18.2-192
Credit card theft occurs when someone takes, obtains, or withholds a credit card or credit card number without the cardholder’s consent, or receives a card knowing it was taken unlawfully, with the intent to use, sell, or transfer it. It also includes situations where a person knowingly retains a lost or mislaid card or number with the intent to use or sell it.
Under Virginia law, credit card theft is treated as grand larceny and is punishable as provided in § 18.2-95 — meaning up to 20 years in prison, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.
Credit Card Forgery — Va. Code § 18.2-193
Credit card forgery involves the creation or alteration of a fraudulent credit card with intent to deceive. A person commits this offense when they falsely make or emboss a credit card, sign a card they are not authorized to sign, or forge a sales draft or cash advance document. Credit card forgery is a Class 5 felony, punishable by up to 10 years in prison, or up to 12 months in jail and a fine of up to $2,500.
Virginia Code § 18.2-193 — Credit Card Forgery
“A person is guilty of credit card forgery when: (a) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely makes or falsely embosses a purported credit card or utters such a credit card; or (b) He, not being the cardholder or a person authorized by him, with intent to defraud… signs a credit card; or (c) He… forges a sales draft or cash advance… Conviction of credit card forgery shall be punishable as a Class 5 felony.”
Source: law.lis.virginia.gov — Va. Code § 18.2-193
Note that Virginia also has a separate statute for credit card fraud (§ 18.2-195), which is a misdemeanor in many cases. This page focuses on the felony-level offenses of theft and forgery under §§ 18.2-192 and 18.2-193.
Are Credit Card Theft and Forgery Convictions Eligible to Be Sealed in Virginia?
Yes, both credit card theft and credit card forgery convictions are eligible for petition-based sealing. Because credit card theft is classified as grand larceny under Virginia law, it falls squarely within the category of larceny offenses covered by § 19.2-392.12. Credit card forgery, as a Class 5 felony, is similarly covered. This means both offenses can be sealed by petition once all eligibility requirements are met.
These convictions tend to have an outsized impact on employment in finance, retail, banking, and any role involving financial responsibility or trust. Sealing the record removes that barrier for most background checks and gives you the ability to present yourself on your own terms.
Important: These convictions 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
Record sealing begins with a petition filed in the Circuit Court where you were originally convicted. The Commonwealth’s Attorney receives a copy and may either consent or object. A judge will hold a hearing if necessary and issue the final decision on whether to grant the seal.
10-Year Waiting Period
Both credit card theft and credit card forgery carry a 10-year waiting period before you can petition, since both are treated as felonies. That window opens from whichever of the following dates came last:
- 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 credit card theft or forgery convictions specifically, this might include showing that the record is costing you job opportunities in banking, retail management, or other financial roles — fields where background checks are routine and a fraud-related conviction is often an automatic disqualifier, even years after the fact.
All Restitution Must Be Paid
Any restitution ordered as part of your sentence must be satisfied in full before your petition can be granted.
Can Any Factors Disqualify Me From Having My Conviction Sealed?
Even if your 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: Credit card crimes are sometimes charged alongside other offenses such as identity theft or computer fraud. If your case involved multiple charges, the full picture of your record matters. Contact Clean Slate Virginia to review your complete record.
What Happens When Your Petition Is Granted?
A granted petition can lift barriers that have held you back for years. Once your credit card theft or forgery conviction is sealed by court order:
- 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
Virginia’s Clean Slate Law takes effect July 1, 2026, but preparation starts now. Clean Slate Virginia is currently building petitions for eligible clients so they are ready to file on day one.
Get started today for $99. Contact us for a confidential review of your record.