What Is a Class 1 Misdemeanor in Virginia?

In Virginia, criminal offenses are categorized as felonies or misdemeanors. Class 1 misdemeanors are the most serious type of misdemeanor and carry up to 12 months in jail and a fine of up to $2,500. Even without jail time, a conviction for a Class 1 misdemeanor can follow you for life.

Examples of Class 1 Misdemeanors:

• DUI (Driving Under the Influence)
• Reckless Driving
• Assault and Battery
• Petit Larceny (theft under $1,000)
• Trespassing
• Driving on a Suspended License
• Destruction of Property

These charges are typically handled in General District Court, unless the case is indicted or appealed to the Circuit Court.

Can a Class 1 Misdemeanor Be Dismissed or Expunged in Virginia?

Yes—Clean Slate Virginia regularly helps clients seek dismissals under Virginia Code § 19.2-298.02, which can make the charge eligible for expungement if properly handled.

How § 19.2-298.02 Works: A Path to Dismissal and Expungement

Under Virginia Code § 19.2-298.02, courts may defer criminal proceedings—even after a plea or finding of guilt—and place a misdemeanor on “advisement.” If the defendant fulfills certain conditions (such as community service or counseling), the case may be:

• Dismissed entirely
• Reduced to a lesser offense

And if the charge is dismissed with the Commonwealth’s agreement, it may be expunged under Virginia law—meaning your arrest and court records can be erased from public databases.

NEW: Misdemeanor Convictions May Be Eligible for Record Sealing starting July 2026

If you have already been convicted of a misdemeanor and missed the opportunity for dismissal or expungement, there is good news:
Starting July 1, 2026, Virginia’s Clean Slate Law will allow certain misdemeanor convictions to be sealed.

Sealing removes the conviction from public view and allows you to legally deny the conviction in most situations, including when applying for jobs or housing. This is a significant shift in Virginia law—for the first time ever, criminal convictions can be sealed.

Convictions That May Qualify for Sealing in 2026:

• Petit Larceny
• Trespassing
• Reckless Driving
• Drug Possession
• Many other Class 1 and Class 2 misdemeanors

To be eligible, you must meet the seven year waiting period and have no new convictions. If your record qualifies, you may petition the court for sealing—or in some cases, records may be sealed automatically.

Whether you’re currently facing a Class 1 misdemeanor or already have a conviction, Clean Slate Virginia can help you:

• Seek dismissal of current charges under § 19.2-298.02
• Pursue expungement of dismissed charges
• Prepare for sealing of misdemeanor convictions when the Clean Slate Law takes effect in 2026

Clean Slate Virginia is here to help you reclaim your future and remove old mistakes from public view—because everyone deserves a second chance!