How a Misdemeanor Theft Conviction Can Haunt You for Life – and What to Do About It

If you have been arrested for stealing less than $1,000 in Virginia, you should be facing a Class 1 misdemeanor theft charge (stealing more than $1,000 is a felony). This means that if you are convicted in court, you can face a fine of up to $2,500 and 12 months in jail. This alone is reason enough to hire an experienced Prince William County criminal defense attorney.

But, a misdemeanor theft conviction can have other consequences as well—and these consequences can potentially impact your life for years (or even decades) to come. These risks make it even more important to have an experienced criminal defense attorney on your side.

Understanding the Long-Term Consequences of a Misdemeanor Theft Conviction in Virginia

It is not an exaggeration to say that a misdemeanor conviction can haunt you for the rest of your life. While the specific risks you are facing depend on your individual circumstances, some of the potential long-term consequences of a misdemeanor theft conviction in Virginia include:

A Criminal Conviction on Your Permanent Record – A theft conviction will go on your permanent record—and it will stay there. Having any type of conviction on your permanent record can have lasting consequences. While many people assume that they will eventually be able to have their conviction expunged, this isn’t an option in Virginia (as we discuss in greater detail below).
Academic Discipline (Suspension or Expulsion) – If you are in school in Virginia, a misdemeanor theft conviction could lead to academic discipline. Even if you aren’t permanently expelled, a suspension could delay your graduation, and you will likely have to explain your suspension to prospective employers as well.
Professional Discipline (Reprimand, License Suspension or Revocation) – If you are a licensed professional a misdemeanor theft conviction could lead to professional discipline. Whether you are reprimanded, your license is suspended or your license is permanently revoked, facing professional discipline could negatively impact your eligibility for new opportunities for the rest of your career.
Job Consequences – Regardless of what you do for work (or what you are hoping to do for work), a misdemeanor theft conviction could result in loss of your current employment and/or loss of future job opportunities. This can have enormous financial consequences, and any fine you face in court will pale in comparison.
Financing and Housing Consequences – Having a misdemeanor theft conviction on your permanent record will have consequences for your financing and housing opportunities as well. Lenders and landlords can (and do) consider applicants’ criminal histories when deciding whether they are willing to offer a loan or sign a lease—and, if so, on what terms.
Immigration Consequences – If you are not a U.S. citizen, a misdemeanor theft conviction in Virginia could jeopardize your immigration status. Theft can be classified as a crime involving moral turpitude, and this means that a theft conviction has the potential to trigger removal proceedings.
Potential Loss of Security Clearance (or Security Clearance Eligibility) – If you, like many Northern Virginia residents, have a federal security clearance, a misdemeanor theft conviction could put your security clearance in jeopardy. Likewise, if you are interested in pursuing a job opportunity that requires security clearance in the future, your conviction could potentially prevent you from doing so.

This list is not exhaustive. Depending on your individual circumstances, a misdemeanor theft conviction in Virginia could have additional long-term (and potentially lifelong) consequences. With this in mind, regardless of your individual circumstances—and regardless of whether you have already been convicted or you are facing a misdemeanor theft charge in court—it will be well worth talking to a Prince William County criminal defense attorney about the options you have available.

What Can (and Should) You Do?

What are your options for avoiding the life-altering consequences of a misdemeanor theft conviction in Virginia? Depending on your individual circumstances and the current status of your case, your options may include:

1. Fight Your Misdemeanor in Court

If it’s not too late, you can (and should) fight your theft charge in court. There are several potential defenses to misdemeanor theft charges, and an experienced Prince William County criminal defense attorney will be able to help you assert all viable defenses under Virginia law and the U.S. Constitution.

2. Enter Into a Diversion Program (if You Are Eligible)

In some cases, individuals charged with misdemeanor theft in Virginia can avoid a conviction by entering into a diversion program. If you are eligible to have your case diverted—and if you do not have a strong defense to your misdemeanor theft charge—this could be your best option. An experienced criminal defense attorney will be able to assess your eligibility and help you make an informed decision.

3. Appeal Your Misdemeanor Conviction

If you have been convicted of theft in Virginia, it is worth finding out whether you have grounds to file an appeal. If you do, fighting to have your conviction overturned could be well worth it in the long term.

4. Seek to Have Your Record Sealed

Another potential option if you have been convicted of theft in Virginia is to have your record sealed. While this won’t remove your theft conviction from your record, it will allow you to avoid many of the consequences discussed above.

What About Filing for Expungement?

While many states allow for expungement of misdemeanor theft convictions, Virginia does not. In Virginia, expungement is generally available only if your misdemeanor theft charge was dismissed. This makes it all the more important to fight your case if it is not too late to do so.

Schedule a Free Consultation with a Prince William County Criminal Defense Attorney Today

If you have questions about how to avoid the life-altering consequences of a misdemeanor theft conviction in Virginia, we invite you to get in touch. To schedule a free consultation with a Prince William County criminal defense attorney at Stevens Caruso, please call 703-897-1777 or contact us online today.