{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.5.html"}],"law_id":66253,"edition_id":1,"section_id":66253,"structure_id":13856,"section_number":"19.2-327.5","catch_line":"Relief under writ","history":"2001, cc. 873, 874; 2007, cc. 465, 824, 883, 905; 2009, cc. 139, 320; 2013, cc. 170, 180; 2020, cc. 993, 994.","full_text":"Upon consideration of the petition, the response by the Commonwealth, previous records of the case, the record of any hearing held under this chapter and the record of any hearings held pursuant to \u00a7 19.2-327.1, and if applicable, any findings certified from the circuit court pursuant to \u00a7 19.2-327.4, the Supreme Court shall either dismiss the petition for failure to state a claim or assert grounds upon which relief shall be granted; or upon a hearing the Court shall (i) dismiss the petition for failure to establish allegations sufficient to justify the issuance of the writ or (ii) only upon a finding by a preponderance of the evidence that the petitioner has proven all of the allegations contained in clauses (iv) through (viii) of subsection A of \u00a7 19.2-327.3, and upon a finding that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt, grant the writ, and vacate the conviction or adjudication of delinquency, or in the event that the Court finds that no rational trier of fact would have found sufficient evidence beyond a reasonable doubt as to one or more elements of the offense for which the petitioner was convicted or adjudicated delinquent, but the Court finds that there remains in the original trial record evidence sufficient to find the petitioner guilty or delinquent beyond a reasonable doubt of a lesser included offense, the Court shall modify the conviction or adjudication of delinquency accordingly and remand the case to the circuit court for resentencing. The burden of proof in a proceeding brought pursuant to this chapter shall be upon the convicted or delinquent person seeking relief. If a writ vacating a conviction or adjudication of delinquency is granted, the Court shall forward a copy of the writ to the circuit court, where an order of expungement shall be immediately granted.","order_by":null,"text":{"0":{"id":240630,"text":"Upon consideration of the petition, the response by the Commonwealth, previous records of the case, the record of any hearing held under this chapter and the record of any hearings held pursuant to \u00a7 19.2-327.1, and if applicable, any findings certified from the circuit court pursuant to \u00a7 19.2-327.4, the Supreme Court shall either dismiss the petition for failure to state a claim or assert grounds upon which relief shall be granted; or upon a hearing the Court shall (i) dismiss the petition for failure to establish allegations sufficient to justify the issuance of the writ or (ii) only upon a finding by a preponderance of the evidence that the petitioner has proven all of the allegations contained in clauses (iv) through (viii) of subsection A of \u00a7 19.2-327.3, and upon a finding that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt, grant the writ, and vacate the conviction or adjudication of delinquency, or in the event that the Court finds that no rational trier of fact would have found sufficient evidence beyond a reasonable doubt as to one or more elements of the offense for which the petitioner was convicted or adjudicated delinquent, but the Court finds that there remains in the original trial record evidence sufficient to find the petitioner guilty or delinquent beyond a reasonable doubt of a lesser included offense, the Court shall modify the conviction or adjudication of delinquency accordingly and remand the case to the circuit court for resentencing. The burden of proof in a proceeding brought pursuant to this chapter shall be upon the convicted or delinquent person seeking relief. If a writ vacating a conviction or adjudication of delinquency is granted, the Court shall forward a copy of the writ to the circuit court, where an order of expungement shall be immediately granted.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13856,"edition_id":1,"name":"Issuance of Writ of Actual Innocence","identifier":"19.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":169785,"object_type":"structure","relational_id":13856,"identifier":"19.2","token":"19.2\/19.2","url":"\/19.2\/19.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81313,"structure_id":13856,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","url":"\/19.2-327.2\/","token":"19.2\/19.2\/19.2-327.2","metadata":false},{"id":75395,"structure_id":13856,"section_number":"19.2-327.2:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","url":"\/19.2-327.2_1\/","token":"19.2\/19.2\/19.2-327.2_1","metadata":false},{"id":58516,"structure_id":13856,"section_number":"19.2-327.3","catch_line":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","url":"\/19.2-327.3\/","token":"19.2\/19.2\/19.2-327.3","metadata":false},{"id":54878,"structure_id":13856,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","url":"\/19.2-327.4\/","token":"19.2\/19.2\/19.2-327.4","metadata":false},{"id":66253,"structure_id":13856,"section_number":"19.2-327.5","catch_line":"Relief under writ","url":"\/19.2-327.5\/","token":"19.2\/19.2\/19.2-327.5","metadata":false},{"id":73005,"structure_id":13856,"section_number":"19.2-327.6","catch_line":"Claims of relief","url":"\/19.2-327.6\/","token":"19.2\/19.2\/19.2-327.6","metadata":false}],"previous_section":{"id":54878,"structure_id":13856,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","url":"\/19.2-327.4\/","token":"19.2\/19.2\/19.2-327.4","metadata":false},"next_section":{"id":73005,"structure_id":13856,"section_number":"19.2-327.6","catch_line":"Claims of relief","url":"\/19.2-327.6\/","token":"19.2\/19.2\/19.2-327.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.5\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 873<\/a> and 874<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapters 465<\/a>, 824<\/a>, 883<\/a>, and 905<\/a>; in 2009, chapters 139<\/a> and 320<\/a>; in 2013, chapters 170<\/a> and 180<\/a>; in 2020, chapters 993<\/a> and 994<\/a>.<\/p>","references":[{"id":81313,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","order_by":null,"url":"\/19.2-327.2\/"},{"id":75395,"section_number":"19.2-327.2:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","order_by":null,"url":"\/19.2-327.2_1\/"},{"id":77838,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","order_by":null,"url":"\/19.2-392.2\/"}],"refers_to":[{"id":81298,"section_number":"19.2-327.1","catch_line":"Motion by a convicted felon or person adjudicated delinquent for scientific analysis of newly discovered or previously untested scientific evidence; procedure","order_by":null,"url":"\/19.2-327.1\/"},{"id":58516,"section_number":"19.2-327.3","catch_line":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","order_by":null,"url":"\/19.2-327.3\/"},{"id":54878,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","order_by":null,"url":"\/19.2-327.4\/"}],"permalink":{"id":169803,"object_type":"law","relational_id":66253,"identifier":"19.2-327.5","token":"19.2\/19.2\/19.2-327.5","url":"\/19.2-327.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.5\/","token":"19.2\/19.2\/19.2-327.5","dublin_core":{"Title":"Relief under writ","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon consideration of the petition<\/span>, the response by the Commonwealth, previous records of the case, the record of any hearing<\/span> held under this chapter and the record of any hearings<\/span> held pursuant to \u00a7 19.2-327.1<\/a>, and if applicable, any findings<\/span> certified from the circuit<\/span> court<\/span> pursuant to \u00a7 19.2-327.4<\/a>, the Supreme Court<\/span> shall either dismiss the petition<\/span> for failure to state a claim or assert grounds upon which relief shall be granted; or upon a hearing<\/span> the Court<\/span> shall (i) dismiss the petition<\/span> for failure to establish allegations<\/span> sufficient to justify the issuance of the writ<\/span> or (ii) only upon a finding<\/span> by a preponderance of the evidence<\/span> that the petitioner has proven all of the allegations<\/span> contained in clauses (iv) through (viii) of subsection A of \u00a7 19.2-327.3<\/a>, and upon a finding<\/span> that no rational trier of fact<\/span> would have found proof of guilt or delinquency beyond a reasonable doubt<\/span>, grant the writ<\/span>, and vacate the conviction<\/span> or adjudication of delinquency, or in the event that the Court<\/span> finds that no rational trier of fact<\/span> would have found sufficient evidence beyond a reasonable doubt<\/span> as to one or more elements of the offense for which the petitioner was convicted or adjudicated delinquent, but the Court<\/span> finds that there remains in the original trial<\/span> record evidence sufficient to find the petitioner guilty or delinquent beyond a reasonable doubt<\/span> of a lesser included offense<\/span>, the Court<\/span> shall modify the conviction<\/span> or adjudication of delinquency accordingly and remand<\/span> the case to the circuit<\/span> court<\/span> for resentencing. The burden of proof<\/span> in a proceeding brought pursuant to this chapter shall be upon the convicted or delinquent person seeking relief. If a writ<\/span> vacating a conviction<\/span> or adjudication of delinquency is granted, the Court<\/span> shall forward a copy of the writ<\/span> to the circuit<\/span> court<\/span>, where an order<\/span> of expungement shall be immediately granted.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELIEF UNDER WRIT (\u00a7 19.2-327.5)\n\nUpon consideration of the petition, the response by the Commonwealth, previous\nrecords of the case, the record of any hearing held under this chapter and the\nrecord of any hearings held pursuant to \u00a7 19.2-327.1, and if applicable, any\nfindings certified from the circuit court pursuant to \u00a7 19.2-327.4, the Supreme\nCourt shall either dismiss the petition for failure to state a claim or assert\ngrounds upon which relief shall be granted; or upon a hearing the Court shall\n(i) dismiss the petition for failure to establish allegations sufficient to\njustify the issuance of the writ or (ii) only upon a finding by a preponderance\nof the evidence that the petitioner has proven all of the allegations contained\nin clauses (iv) through (viii) of subsection A of \u00a7 19.2-327.3, and upon a\nfinding that no rational trier of fact would have found proof of guilt or\ndelinquency beyond a reasonable doubt, grant the writ, and vacate the conviction\nor adjudication of delinquency, or in the event that the Court finds that no\nrational trier of fact would have found sufficient evidence beyond a reasonable\ndoubt as to one or more elements of the offense for which the petitioner was\nconvicted or adjudicated delinquent, but the Court finds that there remains in\nthe original trial record evidence sufficient to find the petitioner guilty or\ndelinquent beyond a reasonable doubt of a lesser included offense, the Court\nshall modify the conviction or adjudication of delinquency accordingly and\nremand the case to the circuit court for resentencing. The burden of proof in a\nproceeding brought pursuant to this chapter shall be upon the convicted or\ndelinquent person seeking relief. If a writ vacating a conviction or\nadjudication of delinquency is granted, the Court shall forward a copy of the\nwrit to the circuit court, where an order of expungement shall be immediately\ngranted.\n\nHISTORY: 2001, cc. 873, 874; 2007, cc. 465, 824, 883, 905; 2009, cc. 139, 320;\n2013, cc. 170, 180; 2020, cc. 993, 994.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}