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Virginia

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to withdraw a plea, to be resentenced, to set aside the verdict, or (if the person was convicted of a non-felony offense) to reopen the case. In certain situations, the prosecution may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-trial motions from the Commonwealth Attorney’s Office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Virginia Attorney General represents the state on direct appeal. To receive appeal updates, victims can register for the Virginia Attorney General’s Victim Notification Program (VNP) by completing the NAAVI Post-Conviction Notification and Services Form. For assistance, victims can contact VNP by phone at (800) 370-0459 or by email at VNP@oag.state.va.us.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Virginia Attorney General represents the state in state post-conviction proceedings. To receive state post-conviction updates, victims can register for the Virginia Attorney General’s Victim Notification Program (VNP) by completing the NAAVI Post-Conviction Notification and Services Form. For assistance, victims can contact VNP by phone at (800) 370-0459 or by email at VNP@oag.state.va.us.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Virginia law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Virginia Attorney General represents the state in federal habeas corpus proceedings. To receive updates, victims can register for the Virginia Attorney General’s Victim Notification Program (VNP) by completing the NAAVI Post-Conviction Notification and Services Form. For assistance, victims can contact VNP by phone at (800) 370-0459 or by email at VNP@oag.state.va.us.

Early Release Programs

These programs can include parole or earning time off a sentence for participating in certain programs in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Virginia, including parole, conditional release due to illness or advanced age, or earning “credits” for participating in certain programs in prison.
  • Victims can track the status of an incarcerated person through the Virginia Department of Corrections Locator. For notification of release and custody status, victims can register through the Notification and Assistance for Victim Inclusion (NAAVI) system. For help with NAAVI registration, victims may call 1-800-560-4292. For further information regarding parole hearings, victims can contact the Parole Board’s Victim Input Unit at (804)-887-8184 or online.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • In the County of Arlington and the City of Falls Church, the local prosecutor’s office has established a Conviction Review Unit to review post-conviction claims of factual innocence, claims challenging the integrity of the investigation or prosecution of the case, and requests for post-conviction forensic testing.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction.
  • The governor can grant clemency to people convicted under Virginia law. Clemency usually takes the form of a simple, conditional, or absolute pardon (all of which forgive a person for their offense to varying degrees).
  • Victims can find out additional information about clemency in Virginia by contacting the Governor’s Clemency Staff by email at pardons@governor.virginia.gov or by phone at 804-692-2542. To ensure pardon notification, victims can register through the Notification and Assistance for Victim Inclusion (NAAVI) system. For help with NAAVI registration, victims may call 1-800-560-4292.

Victims Rights
Post-Conviction

In Virginia, victims have the right to:
  • Protection from further harm and respect, dignity, and fairness
  • Notice of the filing and result of any appeal or habeas corpus proceeding*
  • Be present at appeals arguments and post-conviction and habeas corpus hearings
  • Notice of transfer, change of name, release from custody, discharge, or escape of the convicted individual*
  • Notification of parole hearings*
  • Attend and participate in parole hearings
  • Submit a letter during the clemency process
  • Speak with the prosecution about the case
  • Request restitution and apply for victims’ compensation
  • Prompt return of property when it is no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Virginia Victims Fund reimburses victims for expenses related to the crime, such as medical bills, lost wages, and funeral costs.
  • Victims may request help with unpaid restitution through the Victim/Witness Assistance Program or by contacting the Virginia Victims Fund directly by calling 1-800-552-4007. Applications must be made within 3 years of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Virginia

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