Fraud; court may vacate judgment of criminal conviction. (SB836)

Introduced By

Sen. Kenneth Alexander (D-Norfolk)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction or adjudication was obtained by the commission of a material fraud upon the court or perjured testimony. Read the Bill »


01/30/2013: Merged into SB840


01/02/2013Prefiled and ordered printed; offered 01/09/13 13101177D
01/02/2013Referred to Committee for Courts of Justice
01/17/2013Impact statement from DPB (SB836)
01/30/2013Incorporated by Courts of Justice (SB840-Locke) (14-Y 0-N 1-A) (see vote tally)


ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia supports legislation that provides greater flexibility in procedures permitting an innocent person to obtain justice after conviction. No person should be deprived of liberty for crimes he or she did not commit nor held any longer than necessary once known to innocent.