Virginia Code

Va. Code Ann. § 8.01-195.10 (2026)

Purpose; action by the General Assembly required; definitions

✓ current as of May 2026

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A. The purpose of this article is to provide directions and guidelines for the compensation of persons who have been wrongfully incarcerated in the Commonwealth. Compensation for wrongful incarceration is governed by Article IV, § 14 of the Constitution of Virginia, which prohibits the General Assembly from granting relief in cases in which the courts or other tribunals may have jurisdiction. No compensation shall be awarded under this article unless the recipient has executed a release and waiver pursuant to subsection B of § 8.01-195.12. The payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not provide an entitlement to compensation for persons wrongfully incarcerated or require the General Assembly to appropriate funds for the payment of such compensation.

B. As used in this article:

"Incarceration" or "incarcerated" means (i) confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, or residential detention center or (ii) confinement in a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.).

"Wrongful incarceration" or "wrongfully incarcerated" means incarceration for a felony conviction for which the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for the commission of a crime that he did not commit.

2004, cc. 818, 840; 2010, cc. 496, 557; 2021, Sp. Sess. I, cc. 344, 345; 2022, cc. 572, 573; 2024, c. 396; 2025, c. 337.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2015–2023 · leading case: Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016).

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Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016). “Va. Code Ann. § 8.01-195.10 (B) (2015). Nebraska’s wrongful imprisonment compensation statute provides that a claimant must show that the claimant did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or…”

State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015). “); Va.Code Ann. § 8.01-195.10(B) (West, Westlaw current through 2015 Reg.”

Sean Andrew Barb v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 4× “Alternatively, Barb proposes that we interpret the court’s order to incorporate the definition of incarceration the General Assembly used in defining when compensation may be provided for “wrongful incarceration” in Code § 8.01-195.10. But what the General Assembly meant by…”

Shevlin Smith v. McLaughlin (Va. 2015). · cites it 2× “" Code § 8.01-195.10. It remains the General Assembly's prerogative to decide whether to compensate a wrongfully incarcerated individual for non- pecuniary loss.”

Amended August 23, 2016 Nick C. Rhoades v. State of Iowa (Iowa 2016). “Va. Code Ann. § 8.01-195.10 (B) (2015). Nebraska’s wrongful imprisonment compensation statute provides that a claimant must show that the claimant did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or…”

— Va. Code Ann. § 8.01-195.10(B) — 1 case

State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015). “); Va.Code Ann. § 8.01-195.10(B) (West, Westlaw current through 2015 Reg.”

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