If you have a conviction for obtaining money by false pretenses on your record, you may be eligible to have it sealed under Virginia’s new Clean Slate Law beginning July 1, 2026. Because this offense is treated as larceny under Virginia law, it falls within the category of larceny-related felonies covered by the new legislation. Sealing will not happen automatically. You must file a petition with the court, satisfy 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 filing date.

What Is Obtaining Money by False Pretenses Under Virginia Law?

Obtaining money by false pretenses is defined under Virginia Code § 18.2-178. The offense occurs when a person uses a false pretense or token, with intent to defraud, to obtain money, a gift certificate, or other property from another person. Virginia courts treat this as a form of larceny, which determines both how the charge is classified and how it is punished.

Common examples include writing a check with the intent not to honor it, misrepresenting the nature of a transaction to receive payment, using a fraudulent bank withdrawal slip, or presenting false credentials to obtain funds. The key element is intentional deception used to induce someone to part with property or money.

There is also a separate offense under § 18.2-178 for obtaining a signature by false pretenses where the false making of that writing would constitute forgery. That specific offense is charged as a Class 4 felony regardless of the dollar amount involved.

Misdemeanor vs. Felony: How the Charge Is Classified

Whether obtaining money by false pretenses is charged as a misdemeanor or felony depends on the value of the property or money obtained:

• Less than $1,000: Charged as petit larceny, a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
• $1,000 or more: Charged as grand larceny, punishable by one to twenty years in prison and a fine of up to $2,500.
• Obtaining a signature by false pretenses is a Class 4 felony regardless of the value involved, punishable by two to ten years in prison.

Prior larceny convictions can also affect how a new charge is classified. Under Virginia Code § 18.2-104, a third or subsequent larceny-related offense may be charged as a felony regardless of the value of the property at issue.

Is an Obtaining Money by False Pretenses Conviction Eligible to Be Sealed?

Because obtaining money by false pretenses is deemed larceny under Virginia law and punished under the grand larceny statute (§ 18.2-95) when charged as a felony, it falls within the category of larceny-related felony offenses expressly covered by § 19.2-392.12. This makes it one of the more significant felony convictions to become eligible for sealing under the new law.

This matters particularly for people whose conviction has followed them into professional life. A false pretenses conviction on a background check can affect employment in finance, sales, real estate, insurance, healthcare, and any field involving fiduciary responsibility or client trust. Sealing the record changes what employers and licensing boards are able to see.

Important: This 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 an obtaining money by false pretenses 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 then reviews the petition and enters a final decision.

10-Year Waiting Period

Because felony obtaining money by false pretenses is punished under the grand larceny statute, it carries a 10-year clean record requirement. The waiting period runs from whichever of the following is most recent:

• The date of your conviction
• The date you were released from incarceration
• The date your probation or parole ended

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

Only 2 Petitions Per Lifetime

Virginia’s petition-based sealing law imposes a lifetime limit of two petitions. Each petition corresponds to a separate sentencing event. If multiple charges were sentenced on the same date, they count as one event. Given this cap, the order and timing of petitions matters. Filing prematurely, or choosing the wrong conviction to address first, can forfeit remaining eligibility permanently. Consulting an attorney before filing is essential.

You Must Prove “Manifest Injustice”

Meeting the waiting period is necessary but not sufficient. You must also 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 consider how much time has passed since the offense, what steps you have taken since, your current circumstances, and the specific ways the record continues to affect you.

For obtaining money by false pretenses convictions, the manifest injustice showing often centers on professional consequences: a background check blocking employment, a licensing board denying an application, or a certification being withheld because of a conviction that is years or decades old. A well-prepared petition documents those harms specifically rather than asserting them generally.

All Restitution Must Be Paid

A petition cannot be granted if any court-ordered restitution remains unpaid. Convictions under § 18.2-178 almost always include a restitution order to compensate the victim for the funds or property obtained through deception. Confirm that your balance has been fully satisfied and retain documentation of payment before filing.

Can Any Factors Disqualify Me From Having This Conviction Sealed?

Even if your conviction would otherwise qualify, 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 false pretenses charge was prosecuted alongside other offenses, such as forgery, fraud, or identity theft, those additional convictions may affect your overall eligibility. A review of your complete record is necessary before filing.

What Happens When Your Petition Is Granted?

A granted petition removes the conviction from the public-facing systems that employers, landlords, and licensing agencies use when conducting background checks. 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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