First-Offense Petit Larceny in Virginia: Can the Judge Withhold a Finding of Guilt?

A first-offense petit larceny charge in Virginia does not always have to result in a criminal conviction. Under Virginia Code § 19.2-303.2, an eligible defendant charged with certain misdemeanor property crimes may qualify for a deferred disposition that allows the court to withhold a judgment of guilt, impose probation or other conditions, and ultimately dismiss the proceedings after successful completion.

This statute can be particularly important for someone charged with shoplifting or another form of petit larceny who wants to avoid the long-term consequences of a criminal conviction.

However, a withheld finding is not automatic. Eligibility, the facts of the alleged offense, the defendant’s criminal history, the court’s discretion, and compliance with the conditions imposed by the judge can all affect the outcome.

What Is Petit Larceny in Virginia?

Virginia Code § 18.2-96 defines petit larceny as certain thefts involving property valued at less than $1,000, when the theft is not from the person of another. The statute also covers larceny from another person’s person involving money or other property valued at less than $5.

Petit larceny is a Class 1 misdemeanor in Virginia.

Under Virginia Code § 18.2-11, a Class 1 misdemeanor carries a potential penalty of up to 12 months in jail and a fine of up to $2,500, either or both.

Shoplifting is a common example of conduct that may result in a petit larceny charge, depending on the circumstances and the value of the property involved. Other allegations involving the unlawful taking of property may also fall within the statute.

Official statutes:

Virginia Code § 18.2-96: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-96/

Virginia Code § 18.2-11: https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/

What Does Virginia Code § 19.2-303.2 Provide?

Virginia Code § 19.2-303.2 establishes a first-offender procedure for specified misdemeanor property offenses. Petit larceny is among the covered offenses because it falls under Article 3 of Chapter 5 of Title 18.2.

Under the statute, when the eligibility requirements are met, the court may defer further proceedings without entering a judgment of guilt and place the defendant on probation subject to conditions established by the court.

Those conditions may include restitution for losses caused by the offense. Depending on the case, the court may also impose other appropriate conditions of probation.

If the defendant fulfills the conditions, the statute directs the court to discharge the defendant and dismiss the proceedings, subject to the statute’s requirements concerning fingerprint identification information for offenses that must be reported.

The important distinction is that the statute provides a path to dismissal without an adjudication of guilt. It does not simply require the judge to enter a conviction and suspend the punishment.

Official statute: Virginia Code § 19.2-303.2
https://law.lis.virginia.gov/vacode/title19.2/chapter18/section19.2-303.2/

Who Is Eligible for a First-Offense Petit Larceny Withheld Finding?

Virginia Code § 19.2-303.2 contains specific eligibility requirements.

1. The charge must be a covered misdemeanor property offense

Petit larceny under Virginia Code § 18.2-96 falls within the category of misdemeanor property crimes covered by the statute.

The statute also identifies other covered property offenses, although it expressly excludes certain offenses from its coverage.

2. The defendant must satisfy the criminal-history requirements

The statute applies to a person who has not previously been convicted of a felony and who has not previously had a proceeding for a covered offense dismissed under this section.

This means that eligibility is not determined solely by whether the defendant has previously been convicted of petit larceny. A prior felony conviction or a prior dismissal under the statute may affect eligibility.

The exact criminal history and the nature of any prior disposition should be reviewed before assuming that the defendant qualifies.

3. The defendant must consent to the procedure

The statute requires the accused’s consent. A defendant should understand the legal consequences of the proposed disposition before agreeing to it.

4. The court must exercise its discretion

The statute states that the court may defer further proceedings. It does not require the judge to grant the request in every eligible case.

The facts of the alleged theft, the defendant’s circumstances, the availability of restitution, and other relevant considerations may affect the court’s decision.

Being eligible for a withheld finding does not guarantee that the court will grant one.

Must a Defendant Plead Guilty to Receive a Withheld Finding?

No. Virginia Code § 19.2-303.2 expressly applies when an eligible person pleads guilty or enters a plea of not guilty, provided the facts found by the court would justify a finding of guilt.

The statute therefore does not make a guilty plea an absolute prerequisite to this deferred-disposition procedure.

That distinction is important. A defendant should not assume that a guilty plea is necessary merely because the court is considering a first-offender disposition. The appropriate plea and procedural approach depend on the particular case and should be discussed with defense counsel before court.

What Happens After the Judge Grants a Withheld Finding?

If the court grants relief under § 19.2-303.2, the proceedings are deferred and the defendant is placed on probation under the conditions set by the court.

Depending on the case, those conditions may include:

• Completing a period of probation.
• Paying restitution for losses caused by the offense.
• Complying with other conditions imposed by the court.

The specific requirements and duration of probation depend on the order entered in the individual case.

The defendant must take the conditions seriously. A deferred disposition is not the same as an immediate dismissal, and the charge is not automatically dismissed simply because the judge initially agrees to withhold a finding of guilt.

What Happens If the Defendant Successfully Completes Probation?

Under Virginia Code § 19.2-303.2, upon fulfillment of the imposed conditions and satisfaction of the statute’s applicable fingerprint-reporting requirement, the court shall discharge the person and dismiss the proceedings.

The statute specifies that the discharge and dismissal occur without an adjudication of guilt.

For an eligible defendant facing a first-offense petit larceny charge, this can be a significant outcome because it avoids a judgment of guilt in that proceeding.

Nevertheless, it is important to understand the limits of the result. The statute states that the discharge and dismissal count as a conviction for the limited purpose of applying § 19.2-303.2 in subsequent proceedings. A defendant should not assume that the disposition is treated as though the case never existed for every legal, administrative, employment, licensing, or background-check purpose.

What Happens If the Defendant Violates Probation?

The consequences of failing to comply with the court’s conditions can be serious.

Virginia Code § 19.2-303.2 authorizes the court, upon a violation of a condition, to enter an adjudication of guilt and proceed as otherwise provided by law.

That means a defendant who fails to comply may lose the benefit of the deferred disposition and face sentencing on the underlying offense.

Anyone granted a withheld finding should carefully review the court’s order, understand every condition, meet all deadlines, and promptly address any difficulty complying with probation or restitution requirements.

Is a Withheld Finding the Same as Having a Petit Larceny Charge Expunged?

No. A deferred disposition and dismissal under § 19.2-303.2 should not automatically be equated with expungement.

The deferred-disposition statute governs the handling and dismissal of the criminal proceeding. Expungement concerns the separate legal process for removing or sealing qualifying criminal records from public access under applicable law.

Whether a particular record can be expunged depends on the governing statutes and the precise disposition of the case. A person who receives a withheld finding should obtain advice about the record consequences of that disposition rather than assume that dismissal automatically erases every record.

Why Legal Representation Matters in a First-Offense Petit Larceny Case

A first-offense theft charge may appear straightforward, particularly when the allegation involves a relatively inexpensive item. However, the consequences of a misdemeanor conviction can extend beyond the sentence imposed by the court.

A conviction may affect employment opportunities, professional licensing, educational opportunities, and other aspects of a person’s life. The effect depends on the individual’s circumstances and the requirements of the relevant employer, licensing body, or institution.

An attorney can evaluate whether the evidence supports the charge, whether a legal defense exists, whether the defendant meets the statutory eligibility requirements, and whether requesting a deferred disposition is an appropriate strategy.

Counsel can also help the defendant understand the proposed conditions and the consequences of failing to comply with them.

Frequently Asked Questions About First-Offense Petit Larceny in Virginia

Can a first-time shoplifting charge be dismissed in Virginia?

Potentially. An eligible defendant charged with misdemeanor petit larceny may qualify for a deferred disposition under Virginia Code § 19.2-303.2. If the court grants the procedure and the defendant fulfills the imposed conditions, the statute provides for discharge and dismissal without an adjudication of guilt. The outcome is not automatic.

Does Virginia Code § 19.2-303.2 apply to petit larceny?

Yes. Petit larceny is defined in Virginia Code § 18.2-96 and falls within Article 3 of Chapter 5 of Title 18.2, which is expressly covered by § 19.2-303.2 for qualifying misdemeanor property offenses.

Is a withheld finding a conviction in Virginia?

A disposition under § 19.2-303.2 is made without an adjudication of guilt. The statute also provides that the resulting discharge and dismissal count as a conviction for the limited purpose of applying that section in subsequent proceedings. Its effect should not be overstated as either a conventional conviction or a complete erasure of the case for every purpose.

Does the judge have to grant first-offender treatment?

No. The statute provides that the court may defer proceedings if the requirements are satisfied. It gives the court discretion rather than guaranteeing relief to every eligible defendant.

What if I fail to complete probation?

The court may enter an adjudication of guilt and proceed as otherwise provided by law. A defendant should comply with the court’s conditions and promptly seek legal advice if a problem arises.

Does a dismissed petit larceny charge disappear from my record?

Not necessarily. Dismissal under § 19.2-303.2 is distinct from expungement. Whether a record qualifies for expungement depends on the applicable law and the details of the disposition.

Conclusion: Seek Advice Before Resolving a First-Offense Petit Larceny Charge

Virginia Code § 19.2-303.2 provides an important potential avenue for eligible defendants charged with first-offense petit larceny. When the court grants a deferred disposition and the defendant satisfies all required conditions, the proceedings can be dismissed without an adjudication of guilt.

However, eligibility is only the first question. The defendant must understand the available defenses, the terms of the proposed disposition, the risks of noncompliance, and the long-term implications for criminal records.

Anyone charged with petit larceny or shoplifting in Virginia should consult a Virginia criminal-defense attorney to determine whether a withheld finding is available and whether it is the best resolution for the case.

This article is for general informational purposes only and is not legal advice. The application of Virginia law depends on the facts and procedural history of each case.