Prescription fraud under Virginia Code § 18.2-258.1 is typically charged as a Class 6 felony. Beginning July 1, 2026, Class 6 felony convictions are eligible for petition-based sealing under Virginia’s new Clean Slate Law. If you have a prescription fraud conviction on your record, you may be able to have it sealed, but you must file a petition with the circuit court, meet the eligibility requirements, and demonstrate to a judge that continued public access to your record causes manifest injustice. Clean Slate Virginia is already preparing petitions for eligible clients ahead of the July 1, 2026 filing date.

What Is Prescription Fraud Under Virginia Law?

Prescription fraud is defined under Virginia Code § 18.2-258.1, which covers a broad range of conduct involving the unlawful acquisition of drugs or controlled substances through deception. The statute identifies several distinct prohibited acts:

• Obtaining or attempting to obtain any drug by fraud, deceit, misrepresentation, embezzlement, or subterfuge
• Forging or altering a prescription or written order
• Concealing a material fact to obtain a controlled substance
• Using a false name or giving a false address to obtain drugs
• Furnishing false or fraudulent information in any prescription, order, report, or record required under Virginia’s Drug Control Act (Title 54.1)
• Using a fictitious, revoked, suspended, or another person’s license number in the manufacture or distribution of a controlled substance
• Falsely representing oneself as a physician, pharmacist, dentist, veterinarian, or other authorized prescriber to obtain a controlled substance
• Making or uttering a false or forged prescription or written order
• Affixing a false or forged label to a package containing a controlled substance

In practice, the most common fact patterns involve forging or altering a paper prescription, calling in a fraudulent prescription to a pharmacy, obtaining prescriptions from multiple providers without disclosure, or misrepresenting a diagnosis or condition to obtain a controlled substance.

How Prescription Fraud Is Charged and Punished

A violation of § 18.2-258.1 is a Class 6 felony, punishable by one to five years in prison, or at the discretion of the jury or court, up to twelve months in jail and a fine of up to $2,500.

There is one important exception for first-time offenders. A person with no prior drug-related convictions or dismissals who pleads guilty or not guilty may be placed on probation by the court instead of being adjudicated guilty of the felony. The court will require the person to complete a drug evaluation and treatment or education program. If the person successfully completes probation, the court enters a conviction for a Class 1 misdemeanor rather than the felony. If probation is violated, the court may enter a felony adjudication.

This means the outcome on your record depends significantly on whether you were handled as a first offender under the statute, whether you successfully completed probation, and what the final judgment reflects. These distinctions matter for record sealing eligibility.

Is a Prescription Fraud Conviction Eligible to Be Sealed in Virginia?

Class 6 felony convictions are expressly covered by Virginia’s petition-based sealing framework under § 19.2-392.12. A prescription fraud felony conviction that has not been otherwise resolved through the first-offender program qualifies for this pathway.

If your case was resolved as a Class 1 misdemeanor under the first-offender provision of § 18.2-258.1(H), your conviction may qualify for a different sealing pathway with a shorter waiting period. Contact us to determine which route applies to your specific outcome.

Prescription fraud convictions carry consequences that extend well beyond the sentence. Healthcare workers, pharmacists, medical assistants, nurses, and others in licensed health professions face professional license consequences, and a felony drug conviction on a background check affects employment across a wide range of industries. Sealing the record changes what most employers and licensing agencies can see.

Important: A prescription fraud conviction will NOT be sealed automatically. If you take no action, your record remains public.

What You Need to Know About the Record Sealing Process

You Must File a Petition with the Circuit Court

Sealing a prescription fraud conviction requires filing a formal petition with the Virginia Circuit Court in the county or city where the original conviction occurred. The Commonwealth’s Attorney receives notice and may object or consent. A circuit court judge reviews the petition and enters the final decision.

Waiting Period

The waiting period depends on how your case was resolved:

• Class 6 felony conviction: A 10-year clean record period is required, running from whichever occurred most recently: the date of conviction, the date of release from incarceration, or the date probation or parole ended.
• Class 1 misdemeanor conviction (resolved through the first-offender program): A 7-year clean record period is required.

Important: Any new criminal conviction during the applicable waiting period resets your eligibility. The full period must be conviction-free.

Only 2 Petitions Per Lifetime

Virginia law limits each person to two petitions over their lifetime under the petition-based sealing framework. Each petition corresponds to a separate sentencing event. If multiple charges were sentenced on the same date, they may count as one event, but careful planning is still essential. Filing in the wrong order or at the wrong time can permanently forfeit remaining eligibility. An attorney should review your complete record before you file.

You Must Prove “Manifest Injustice”

Completing the waiting period opens the door to filing but does not guarantee a grant. You must affirmatively demonstrate to the court that continued public access to your record causes manifest injustice, meaning the ongoing harm to your life outweighs any public interest in keeping the record accessible. Courts weigh the time elapsed since the offense, the steps taken since, current circumstances, and the specific, documented ways the conviction continues to affect opportunities.

For prescription fraud convictions, the manifest injustice showing often involves professional consequences: a healthcare license denied or revoked, a job in a clinical or pharmaceutical setting that became inaccessible, or a background check result that has repeatedly blocked employment. Cases involving addiction as a contributing factor may also benefit from documentation of treatment, sustained recovery, and changed circumstances since the conviction.

All Restitution Must Be Paid

A petition cannot be granted if any court-ordered restitution remains outstanding. Confirm that all financial obligations from your case have been fully satisfied and retain documentation before you file.

Can Any Factors Disqualify Me From Having This Conviction Sealed?

Even if your prescription fraud conviction otherwise qualifies, other parts of your criminal history may block eligibility. The following will disqualify a petition:

• 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 1, 1986
• Convictions involving a family or household member as the complaining witness are not eligible

Important: If your prescription fraud charge was part of a broader case involving other drug offenses, distribution charges, or identity-related charges, those additional convictions may affect your overall eligibility. A full review of your record is necessary before filing.

What Happens When Your Petition Is Granted?

A granted petition removes the conviction from the public-facing systems used by most employers, landlords, and licensing agencies. Specifically:

• The conviction will no longer appear on most employment background checks.
• You may truthfully answer “no” when most job applications ask whether you have a criminal conviction.
• The case will be removed from the court’s public online records.
• Private landlords will not find the sealed conviction when screening rental applications.
• Third-party background check companies are legally prohibited from reporting sealed records.

Let’s Start the Process

The Clean Slate Law takes effect July 1, 2026. Clients who start now will be first in line. Clean Slate Virginia is already preparing petitions for eligible clients ahead of the filing date.

Contact us for a confidential review of your record.
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