While theft crimes may be common, that does not change the damage they can do to your reputation and criminal record. Theft crimes are considered crimes of moral turpitude. That classification reaches past the sentence itself: under Code of Virginia §19.2-269, from which Virginia Rule of Evidence 2:609 derives, the fact of the conviction can be used to attack your credibility any time you testify, and it carries weight in immigration proceedings, professional licensing, and employment screening. Our Fairfax theft lawyer, Manuel Leiva, focuses on building a well-crafted defense, investigating thoroughly, and advocating for your rights at every turn. Schedule a consultation with our diligent criminal defense attorney today.
Theft incorporates a wide range of crimes in Fairfax and throughout Virginia. Here are some of the most common theft crimes The Leiva Law Firm handles:
Grand larceny refers to theft of $1,000 or more (or $5 or more from a person, or any firearm, regardless of value). This is a felony punishable by 1 to 20 years in prison, or, at the discretion of the jury or the court trying the case without a jury, up to 12 months in jail and/or a fine of up to $2,500.
Petit larceny is classified as the theft of less than $1,000 if not from a person, or less than $5 if from a person. This is a Class 1 misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2,500.
Shoplifting in Virginia is charged as larceny. Under Code of Virginia §18.2-103, concealing merchandise, altering a price tag, or helping someone else do either is treated the same as taking the goods outright. You can be charged before you ever leave the store, because concealing merchandise while still on the premises is prima facie evidence of intent to steal under the statute.
The value of the merchandise decides whether the charge is a misdemeanor or a felony. Goods worth less than $1,000 mean a petit larceny (misdemeanor) charge, and goods worth $1,000 or more mean a grand larceny (felony) charge, with the penalties described in the sections above. Many shoplifting cases in Fairfax involve people with no prior record, and the way the case is handled prior to trial has a large effect on whether it ends in a conviction that follows you.
Stealing a dog, horse, pony, mule, cow, steer, bull, or calf is a Class 5 felony, punishable by 1 to 10 years in prison, or up to 12 months in jail and/or a fine of up to $2,500. Stealing poultry worth $5 or more but less than $1,000, or a sheep, lamb, swine, or goat worth less than $1,000, is a Class 6 felony, punishable by 1 to 5 years in prison, or up to 12 months in jail and/or a fine of up to $2,500. If the animal or poultry is worth $1,000 or more, the theft is charged as grand larceny under §18.2-95.
Organized retail theft applies to a person who acts in concert with at least one other person to steal retail property worth more than $5,000, aggregated over a 90-day period, with the intent to sell it, and who then places that property in the control of a retail property fence or another person. It is a Class 3 felony, punishable by 5 to 20 years in prison and/or a fine of up to $100,000. Thefts occurring in more than one county or city can be aggregated into a single charge under this section.
A person may face this charge if the stolen property is worth $200 or more and they intended to sell or distribute it. It is a Class 5 felony, punishable by 1 to 10 years in prison, or up to 12 months in jail and/or a fine of up to $2,500. Selling or distributing stolen property under the same conditions is also a Class 5 felony.
Theft by force, threat, or violence, commonly known as robbery, is a Class 2 felony if serious bodily injury or death results. It is a Class 3 felony if a firearm is used or displayed, a Class 5 felony where other physical force is used, and a Class 6 felony where the property is taken by threat or intimidation without a weapon.
Mail theft is a Class 6 felony. A person may be charged for:
The statute covers mail handled by the United States Postal Service and by private delivery services. As a Class 6 felony, the offense is punishable by 1 to 5 years in prison, or up to 12 months in jail and/or a fine of up to $2,500.
Using another person’s identifying information unlawfully is a Class 1 misdemeanor. If the violation results in a financial loss of $1,000 or more, or if it is a second or subsequent conviction, it is a Class 6 felony.
To better understand the charges and penalties you are facing, speak with our theft attorney in Fairfax today.
Virginia treats expungement and sealing as two different processes. Expungement under Code of Virginia §19.2-392.2 applies when charges were dismissed or you were found not guilty. A conviction cannot be expunged, even for misdemeanor theft.
Sealing is new. Virginia’s record sealing law took effect on July 1, 2026, and it creates two separate paths. Which one applies depends on the charge.
Automatic sealing under Code of Virginia §19.2-392.6 covers a short list of misdemeanor convictions, including misdemeanor petit larceny under §18.2-96 and misdemeanor shoplifting under §18.2-103, for offenses dated on or after January 1, 1986. The conviction is sealed seven years after the date of conviction, provided you have not been convicted of another reportable offense during those seven years, traffic infractions excluded. If you were convicted on the same day of another offense that is not on the automatic list, neither conviction is sealed automatically.
Felony theft convictions such as grand larceny are not on the automatic list, but they are not shut out either. Under Code of Virginia §19.2-392.12, a person convicted of a misdemeanor, a Class 5 or Class 6 felony, or grand larceny under §18.2-95 may petition the circuit court where the case was decided to seal the record. The court reviews your full criminal history, the applicable waiting period, and whether any restitution has been paid, among other criteria set out in the statute.
A sealed conviction no longer appears in most background checks, though courts, law enforcement, and certain employers can still access it.
Whether your record qualifies depends on the details of your case and everything on your record since. Manuel Leiva can review your history and tell you where you stand under the new law.
Manuel Leiva has defended theft and larceny cases in Arlington, Alexandria, Fairfax, Loudoun, and Prince William courtrooms since late 1998. We have negotiated with prosecutors and taken theft cases to jury trials with favorable results.
As your Fairfax theft lawyer, Attorney Leiva fiercely protects your rights and builds a defense on your behalf. Contact our office now to discuss your case. Time is of the essence in criminal cases.
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Related Practice Area: Embezzlement
The Leiva Law Firm — 3955 Chain Bridge Road, 2nd Floor, Fairfax, VA 22030
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