If you were convicted of unauthorized use of a vehicle, you may be surprised to find that what felt like a minor offense at the time carries the weight of a felony record. Many people charged under this statute never intended to permanently take anything but the conviction has followed them into job applications, background checks, and housing screenings for years. Beginning July 1st, 2026, this conviction is among the felonies 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 Unauthorized Use of a Vehicle Under Virginia Law?

Unauthorized use of a vehicle is defined under Virginia Code § 18.2-102. This offense is often described informally as “joyriding,” but Virginia law treats it as a serious criminal matter. The statute covers more than just cars and it applies to any vehicle, aircraft, boat, vessel, or animal taken or used without the owner’s permission.

What sets this charge apart from grand larceny (grand theft auto) is intent. To be convicted of unauthorized use, the Commonwealth must prove that the person took or used the property without the owner’s consent and intended only a temporary deprivation and not to steal it permanently. That distinction matters legally, but it does not prevent a felony conviction.

Under the current statute, the offense is charged as follows:

• If the vehicle or property is worth $1,000 or more, the offense is a Class 6 felony, punishable by up to 5 years in prison, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.
• If the value is under $1,000, the offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.

Because virtually all motor vehicles are worth more than $1,000, nearly every unauthorized use charge involving a car results in a felony. Virginia law also makes clear that prior permission to use a vehicle on earlier occasions cannot be used to imply consent on the occasion in question. Additionally, anyone who assists or acts as an accomplice in the unauthorized use faces the same penalties as the primary offender.

Virginia Code § 18.2-102 : Unauthorized Use of Vehicle Defined

“Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a Class 6 felony, provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall be less than $1,000, such person shall be guilty of a Class 1 misdemeanor.”

Source: law.lis.virginia.gov : Va. Code § 18.2-102

Is an Unauthorized Use of Vehicle Conviction Eligible to Be Sealed in Virginia?

Yes, unauthorized use of a vehicle convictions are eligible for petition-based sealing under Virginia Code § 19.2-392.12. This is particularly significant because the charge is one that many people struggle to explain to employers and landlords and it doesn’t fit neatly into the categories people expect, and the word “felony” on a background check rarely comes with context.

Important: An unauthorized use of vehicle conviction 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 this conviction requires initiating a legal proceeding in the Circuit Court of the jurisdiction where you were originally convicted. A formal petition is filed, the Commonwealth’s Attorney is served and given an opportunity to weigh in, and a judge makes the ultimate determination on whether sealing is appropriate.

10-Year Waiting Period

Because unauthorized use of a vehicle is charged as a felony when the vehicle’s value exceeds $1,000, the waiting period before petitioning is 10 years. That clock begins from the latest of the following:

• 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”

Winning a felony sealing petition means showing the court more than just that time has passed. You must demonstrate that the continued public availability of your record constitutes a manifest injustice meaning the harm it causes you today outweighs any legitimate public interest in keeping it accessible. Relevant factors include the nature of the offense, how long ago it occurred, your conduct since, your current circumstances, and the specific ways the conviction is still limiting your life.

For unauthorized use convictions, this might mean showing that the record is preventing you from obtaining a commercial driver’s license, working in transportation or logistics, or passing an employment screen for a job that has nothing to do with the original offense. The conviction may also affect your ability to rent a vehicle or secure certain types of insurance. A thorough, well-organized petition can give the court a complete picture of where you stand today.

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 unauthorized use 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

What Happens When Your Petition Is Granted?

When a judge grants your petition, the record of your conviction becomes inaccessible to the general public. In practical terms, that means:

• 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.

A Fresh Start Is Closer Than You Think

The Clean Slate Law arrives July 1, 2026, and clients who prepare early will be first in line. Clean Slate Virginia is actively working with eligible clients now, building petitions ahead of the filing date.

Get started for $99. Contact us today for a confidential case review.