Virginia criminal charge
Disclosure of expunged records in Virginia
Disclosure of expunged records is a Class 1 Misdemeanor under Virginia criminal law, defined by Va. Code Ann. § 19.2-392.3. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).
Defined by Va. Code Ann. § 19.2-392.3.
What is the penalty for disclosure of expunged records in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (no statutory minimum) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
Common questions about disclosure of expunged records in Virginia
Is disclosure of expunged records a felony or a misdemeanor in Virginia?
Disclosure of expunged records is a class 1 misdemeanor in Virginia under Va. Code Ann. § 19.2-392.3.
What are the penalties for disclosure of expunged records in Virginia?
As a class 1 misdemeanor, disclosure of expunged records carries up to 12 months (no mandatory minimum) of incarceration and a fine of up to $2,500 (no mandatory minimum) under Va. Code Ann. § 18.2-11 (current).
Which Virginia statute covers disclosure of expunged records?
Disclosure of expunged records is governed by Va. Code Ann. § 19.2-392.3 (Disclosure of expunged records).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.