A Class 4 misdemeanor in Virginia is the least serious criminal offense in the state, punishable only by a fine of up to $250 with no possibility of jail time.1Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor Public intoxication is the most familiar example. The fine cap is low, but court costs push the real bill higher, and a conviction still goes on your criminal record.
Where Class 4 Falls Among Virginia Misdemeanors
Virginia sorts misdemeanors into four classes, with Class 1 the most serious and Class 4 the least.2Virginia Code Commission. Virginia Code Title 18.2 Chapter 1 Article 3 – Classification of Criminal Offenses Only the top two carry any jail exposure:
- Class 1: up to 12 months in jail and a fine of up to $2,500
- Class 2: up to 6 months in jail and a fine of up to $1,000
- Class 3: fine only, up to $500
- Class 4: fine only, up to $250
Because Class 3 and Class 4 are fine-only, the process is shorter and you won’t be booked into jail on the charge itself.1Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor Officers are required to release you on a summons rather than arrest you for offenses that don’t carry jail time.3Virginia Code Commission. Virginia Code 19.2-74 – Issuance and Service of Summons in Place of Warrant in Misdemeanor Case
What Actually Counts as a Class 4 Misdemeanor
The Class 4 misdemeanor most people encounter is public intoxication. Under Virginia Code 18.2-388, being intoxicated in public from alcohol or any other drug is a Class 4 offense.4Virginia Code Commission. Virginia Code 18.2-388 – Intoxication in Public It shows up in college towns, entertainment districts, and crowded events, often used by police to move a visibly intoxicated person out of a situation before it worsens.
The rest of the Class 4 category is a scatter of low-level regulatory offenses that rarely see the inside of a courtroom compared with public intoxication.
Two Things People Wrongly Assume Are Class 4
Simple marijuana possession is not a Class 4 misdemeanor. Virginia repealed former Code 18.2-250.1 in 2021.5Virginia Code Commission. Virginia Code 18.2-250.1 – Repealed Adults 21 and older can legally possess up to one ounce. Between one and four ounces in public is a $25 civil penalty. Larger amounts can rise to a Class 3 or Class 2 misdemeanor, and more than a pound becomes a felony.6Virginia Code Commission. Virginia Code 4.1-1100 – Possession of Marijuana
Disorderly conduct is not Class 4 either. Under Virginia Code 18.2-415, it’s a Class 1 misdemeanor carrying up to 12 months in jail and a $2,500 fine.7Virginia Code Commission. Virginia Code 18.2-415 – Disorderly Conduct in Public Places Public intoxication and disorderly conduct both involve public misbehavior, but Virginia treats them as very different offenses.
The Real Cost: Fine Plus Court Fees
The judge can impose any fine up to $250, and no jail time is authorized.1Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor The fine alone isn’t the whole picture.
Virginia adds a fixed court cost of $61 to misdemeanor cases in district court.8Virginia Code Commission. Virginia Code 16.1-69.48:1 – Fixed Fee for Misdemeanors and Traffic Infractions For drug-related offenses that fixed cost is $136. A maxed-out $250 fine for public intoxication actually costs $311 once the standard fee is added. Missing your court date brings another $35 on top.
Prepaying vs. Going to Court
Because Class 4 offenses carry no jail exposure and modest fines, many qualify for prepayment. Virginia law lets the Supreme Court designate certain nontraffic offenses as prepayable, so you can pay the fine and costs by mail or at the clerk’s office before your trial date and skip the court appearance entirely.9Virginia Code Commission. Virginia Code 16.1-69.40:2 – Nontraffic Offenses for Which Prepayment Authorized
Prepaying is legally the same as pleading guilty. You’ll be notified that you have a right to trial and that payment carries the weight of a judgment. If you’d rather contest the charge or try to avoid a conviction on your record, don’t prepay; appear in court and enter a not-guilty plea.
Skipping Court Turns a Fine Into Jail Exposure
This is where a small case becomes a big one. Willfully failing to appear on a misdemeanor charge is itself a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.10Virginia Code Commission. Virginia Code 19.2-128 – Penalties for Failure to Appear You’ll also forfeit any bond posted, and the court adds a $35 fee.8Virginia Code Commission. Virginia Code 16.1-69.48:1 – Fixed Fee for Misdemeanors and Traffic Infractions
If you can’t make your court date, contact the court in advance to ask for a continuance. Ignoring the summons is how a $250 problem becomes a jailable one.
What a Conviction Does to Your Record
A Class 4 conviction goes on your Virginia criminal record. Employers, landlords, and schools running background checks can see it, and most commercial screening services don’t parse out misdemeanor classes. A public intoxication conviction may look on a report much like a more serious misdemeanor.
The practical fallout depends on the job. One Class 4 conviction is unlikely to sink a routine application, but it can matter for professional licensing or positions in healthcare, finance, education, or law enforcement. A pattern of low-level convictions tends to weigh more heavily than a single incident.
Sealing a Class 4 Conviction Starting July 1, 2026
Traditional expungement in Virginia remains limited to charges that were dismissed, acquittals, or absolute pardons.11Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records For an actual conviction, expungement isn’t available. Virginia’s new record-sealing law fills that gap.
On July 1, 2026, Virginia begins allowing both automatic and petition-based sealing of many misdemeanor convictions.12Virginia Code Commission. Virginia Code Title 19.2 Chapter 23.2 – Sealing of Criminal History Record Information and Court Records Sealing doesn’t erase the case; government agencies keep access, but the record drops off the public background checks that drive employment and housing decisions.
For misdemeanor convictions, the waiting period is seven years from the date of conviction, release from incarceration, or a probation or parole violation finding, whichever comes last.13Virginia Code Commission. Virginia Code 19.2-392.12 – Sealing of Offenses Resulting in Conviction or Deferred Dismissal During those seven years you can’t pick up any new conviction reportable to the Central Criminal Records Exchange, which is essentially any criminal offense beyond a traffic infraction. The waiting period is the same across all misdemeanor classes, so a Class 4 conviction follows the same seven-year timeline as a Class 1.
Petition sealing is filed in the circuit court that handled your case, using basic case information such as arrest date, case number, and arresting agency. There is no filing fee for petitions to seal certain listed misdemeanors, including public intoxication under 18.2-388.14Virginia Code Commission. Virginia Code 19.2-392.12:1 – Sealing of Charges and Convictions for Certain Offenses
When It’s Worth Hiring a Lawyer
Plenty of people handle a first-offense Class 4 charge on their own, and if you plan to pay the fine and move on, that’s often reasonable. Some situations change the calculus.
If a conviction could affect a professional license, a pending job, or an immigration case, get an attorney involved before you plead. Non-citizens should be particularly careful: minor convictions can carry immigration consequences well beyond the offense itself. Legal help is also worth considering if you’re facing multiple charges, if this isn’t your first offense, or if you’re unsure whether prepayment is the right move. And when the 2026 sealing law kicks in, the petition process runs through circuit court and involves criminal history records, which is a step up in complexity from paying a fine at the clerk’s window.