Understanding Class 1 Misdemeanors in Virginia

Virginia classifies misdemeanors into four classes: Class 1, Class 2, Class 3, and Class 4 misdemeanors (Code of Virginia § 18.2-9). Other states may use various naming systems, including alphabetical classes such as Class A, B, and C. Each of these classes has defining penalties on an offense basis for sentencing purposes.

In Virginia, a Class 1 misdemeanor is the most serious type of misdemeanor offense and comes with the harshest penalties. According to the VA. Code § 18.2-11, the punishments for a class 1 misdemeanor conviction are jail time for not more than twelve months, a fine not more than $2,500, or both.

Examples of Class 1 Misdemeanors in Virginia

Examples of crimes that are categorized as a Class 1 misdemeanor in Virginia include:

• Driving under the influence (DUI)
• Reckless driving
• Assault and battery
• Trespassing
• Petty larceny (theft of items valued under $1,000)

Class 1 misdemeanors are convictions that may remain on a person's criminal court record unless steps are taken to seal or expunge them.

Class 1 misdemeanor offenses and their possible penalties in Virginia:

Penalties for a Class 1 Misdemeanor in Virginia

According to the law (VA. Code § 19.2-295), the court may ascertain the term of confinement in the state jail or correctional facility and the amount of fine when a person is convicted of a misdemeanor offense. In Virginia, the maximum penalties for a Class 1 misdemeanor conviction include one or both of the following:

• Confinement in jail for not more than 12 months
• A fine of not more than $2,500

There are other penalties the court or law enforcement agencies may impose after a misdemeanor conviction in Virginia. For example, a DUI or reckless driving may lead to the suspension of the driver's license, which typically further result in a permanent criminal record. To get a license reinstated after a DUI, the court may require the driver to complete substance abuse treatment or education.

In certain circumstances, such as the nature of the crime or the defendant's criminal history, judges in Virginia have broad discretion to adjust misdemeanor sentences. In other cases, the judge may also suspend the execution of a sentence and place a defendant on probation, subject to conditions that may be modified.

Probation and Alternative Sentencing Options in Virginia

In Virginia, a Class 1 misdemeanor conviction may also result in non-jail punishments. In addition to jail time, judges may choose to impose other sentencing outcomes for a class 1 misdemeanor conviction. Any of these options may vary, depending on the nature of the offense or other aggravating circumstances.

Some of the non-jail sentencing options for class 1 misdemeanor crimes in Virginia include:

• Sentence Suspension/Probation: A judge may suspend the execution of a jail sentence, placing the defendant under the supervision of a probation officer. During this supervision, the individual must adhere to specific conditions set by the court.
• Restitution: This is usually a condition of probation that allows the defendant to avoid or reduce jail time. A judge may use restitution as a sentencing structure to promote rehabilitation and compensate the victim of a misdemeanor crime.
• Community Service: The courts may assign a specific number of community service hours alongside a fine as punishment for a misdemeanor conviction. For nonviolent cases, some courts may combine community service with programs such as life skills counseling.
• Court-approved programs: The court may order the defendant to participate in specific programs, such as substance abuse treatment, mental health counseling, or alcohol education programs, especially for cases such as DUI.

Eligibility for any of the non-jail punishments may vary by specific circumstances of the case, the nature of the offense, and the defendant's prior criminal record. A defendant who is subject to a revocation of probation typically serves a sentence of incarceration, and the probation or parole officer may refer such defendant to the Virginia Department of Corrections for evaluation and diagnosis (VA. Code § 19.2-316.4). The evaluation process takes place within 45 days of the commitment date to determine eligibility for participation in a Community Corrections Alternative Program (CCAP).

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

Although it is available in most states, expungement is not an option for most misdemeanor convictions in Virginia. However, Virginia's new Clean Slate law (taking effect in July 2026), makes some Class 1 misdemeanors eligible for automatic sealing and expungement through petition. To qualify for expungement under the new law, the petitioner must meet the following criteria:

• Have no other convictions (excluding traffic infractions) for 7 years
• Not be convicted of a Class 1 or 2 felony, and eventually take rehabilitation classes for drug or alcohol offenses.

The automatic sealing of a Class 1 misdemeanor conviction also requires a 7-year waiting period and a clean record with no new convictions during that time. However, some Class 1 misdemeanors may still require a petition to the court for sealing, even after the waiting period.

Examples of records eligible for automatic sealing include most non-conviction misdemeanor records and specific misdemeanors, such as petit larceny, disorderly conduct (§ 18.2-415), shoplifting, trespassing, and distribution of marijuana. Conviction records of DUI/DWI offenses and assault and battery of a family member are permanent and are not eligible for sealing or expungement.

Upon sealing, eligible records typically no longer appear on most background checks, providing individuals a second chance at better jobs, housing, and a fresh start.

Below is a table summarizing the expungement rule for first-time, multiple offenses, and violent offenses in Virginia.

Long-Term Consequences of a Class 1 Misdemeanor Conviction

A criminal conviction may result in a misdemeanor criminal record, which may affect a person's life beyond any fines or jail time by court order. Unfortunately, a person with a criminal conviction in Virginia cannot expunge or seal the criminal record. Records of convictions may be searchable by the public and could show up on any background check for job openings, professional licensing, and housing applications.

Some of the areas that a Class 1 misdemeanor conviction may affect include;

• Employment: Many employers conduct background checks, and a misdemeanor conviction could raise concerns about the person’s character or trustworthiness. Certain jobs in the healthcare, education, finance, and law enforcement fields may be difficult to secure with a criminal record.
• Professional Licensing: A criminal conviction may result in the suspension or revocation of professional licenses, potentially impacting a person's career. Although agencies cannot deny a license based on a conviction that has no legal connection to the licensed activity, the approval process may be more challenging with a conviction.
• House Applications: Landlords and property managers may request criminal records and deny housing applications based on convictions. These records are also discoverable through background checks carried out by property rental companies.
• Immigration Applications: For non-citizens, a class 1 misdemeanor conviction may be grounds for deportation. It may also make an applicant ineligible for various immigration benefits, such as Temporary Protected Status (TPS) or DACA renewal.

Although the consequences of a Class 1 misdemeanor may vary depending on the state and the nature of the offense, it typically remains on background checks unless deleted or sealed. Fortunately, individuals may also reduce conviction outcomes with proof of consistent lawful behavior and/or automatic sealing under the new Clean Slate law.

What to Do if You’re Charged with a Class 1 Misdemeanor in Virginia

A Class 1 misdemeanor conviction may have major consequences in a person's life. It is therefore important for the defendant to address the situation with legal guidance. Every misdemeanor case is unique, and a legal advisor may provide assistance that typically requires the defendant to be responsible throughout the process. Legal options may include negotiating a plea deal, fighting charges, or understanding the nature and potential penalties of the charge through case documentation.

When charged with a misdemeanor in Virginia, a person may face penalties including up to 12 months in jail and/or a fine of up to $2,500. The process involves attending a court hearing where a judge determines the sentence, and making initial court appearances to respond to charges and subsequent trial dates. Failure to attend a court hearing without a lawful excuse may result in additional charges or negative outcomes in the case. While preparing for trial, it is important to check in with pretrial services, completion of programs, or compliance with the court’s bond conditions.

Defendants must be compliant and up to date to avoid additional issues. This may require the defendant to promptly update the court or the clerk’s office with the right address and phone number. The court must be able to reach the defendant at all times. Defendants must also collect and keep copies of citations and charging documents, and any paperwork made available during booking or release. Proper documentation makes the process less difficult and more manageable.

Statute of Limitations for Class 1 Misdemeanors in Virginia

According to the VA. According to Code § 19.2-8, the statute of limitations for misdemeanors in Virginia, including Class 1 misdemeanors, is one year. This means that a prosecution for a misdemeanor must begin one year from the date of the alleged crime. However, the law also provides for more extended or different limitation periods for other Class 1 misdemeanors. For example, the prosecution for a petit larceny crime may commence within five years.

The table below shows the different types of misdemeanor offenses in Virginia and their statute of limitations: