Often, yes. Virginia law includes a first offender provision for property crimes, found at Va. Code § 19.2-303.2, that allows a court to defer a first larceny charge and dismiss it after a period of probation and conditions such as community service and restitution. Prosecutors in Montgomery County also have discretion to amend or drop charges in appropriate cases, and for a student with a clean record there is very often a realistic path that ends without a conviction.
There is an important catch, and it is one most people only learn about when it is too late. A deferred dismissal usually requires the court to find that the evidence was sufficient for guilt before deferring the case. Under Virginia expungement law, that finding generally makes the dismissed charge ineligible for expungement. In other words, the standard first offender route resolves the case but can leave the arrest visible on background checks permanently.
That tradeoff deserves careful thought, and sometimes there are better options, whether that means negotiating an outright dismissal, contesting the evidence, or structuring the resolution differently. Which path makes sense depends on the strength of the Commonwealth’s case and what you have at stake professionally.
Joel has spent decades in the Montgomery County courts and knows the realistic options in every posture. Before you accept any deal, call him at 540-961-5297 for a free consultation, and read more about shoplifting defense in Blacksburg and expungement in Virginia.