Virginia law allows convicted felons or persons adjudicated delinquent to petition for scientific testing of new or previously untested biological evidence related to their case. The law sets specific criteria for the testing, including relevance, chain of custody, and scientific acceptance. It aims to potentially establish innocence through modern scientific methods.
Any person convicted of a felony or adjudicated delinquent by a circuit court for an offense that would be a felony if committed by an adult.
Human biological evidence related to the case that was not known or available at the time of conviction or adjudication, and that has not been previously tested.
The testing must involve a scientifically accepted method, be relevant and necessary, and the evidence must have a proper chain of custody showing it has not been tampered with.
The person must not unreasonably delay filing the petition after the evidence or testing opportunity becomes available.