Petition to vacate finding of guilt of convicted person; upon discovery of new evidence. (HB184)

Introduced By

Sen. Joe Morrissey (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Petition to vacate finding of guilt of convicted person.  Provides that notwithstanding any rule of court or any other provision of law, any person convicted of a crime may, upon the discovery of previously unknown or unavailable evidence, petition jointly with the attorney for the Commonwealth in the district court or circuit court in which he was convicted to vacate the judgment of guilt. Upon such petition, the court shall conduct an evidentiary hearing and, upon clear and convincing proof of all of the allegations in the petition and upon finding that no rational trier of fact could have found proof of guilt beyond a reasonable doubt, vacate the judgment of guilt and order the person's record expunged. Or, if the petition fails to state a claim, or if the assertions of previously unknown or unavailable evidence, even if true, would fail to qualify for relief, the court may dismiss the petition summarily, without a hearing. Read the Bill »


Bill Has Failed


01/07/2010Prefiled and ordered printed; offered 01/13/10 10101706D
01/07/2010Referred to Committee for Courts of Justice
01/13/2010Assigned Courts sub: Criminal
01/18/2010Subcommittee failed to recommend reporting (4-Y 5-N)
02/16/2010Left in Courts of Justice


Jo Wells writes:

Apparently those voted against this bill have never been convicted of a crime that they did not commit. Nor have they had their lives and the lives of their families forever changed by being convicted. Where is the justice for those who are truely innocent? Who is protecting the wrongly convicted best interests?

c.moore writes:

this is a very real problem with our legal system something has to be done to protect innocent people from law enforcement with a grudge against local citizens in their juristiction!!! this is why our jails are over filled. this is one of biggest business in our country today.who is going to open there eyes and fix this????????????