A. If, at the time of the award of compensation pursuant to § 8.01-195.11, the person wrongfully incarcerated has previously won a monetary award against the Commonwealth or any political subdivision thereof in a civil action arising out of the factual situation in connection with the conviction for which the compensation was awarded, or has entered into a settlement agreement with the Commonwealth or any political subdivision thereof arising out of such situation, the amount of the award in such action or such settlement agreement, less any sums paid to attorneys or for costs in litigating such other civil action or obtaining such settlement agreement, shall be deducted from the sum of money to which the person wrongfully incarcerated is entitled pursuant to § 8.01-195.11.
§ 8.01-195.12.Conditions for continued compensation.
Chapter 3. Actions · Article 18.2. Compensation for Wrongful Incarceration for a Felony Conviction · Last amended 2024 · Last verified July 16, 2026
In one sentenceSection 8.01-195.12 requires any prior civil award or settlement a wrongfully incarcerated person already won on the same facts to be subtracted from the statutory compensation, and conditions payment on signing a release waiving future claims against the Commonwealth, appointed counsel, and other related parties.
Full Text of § 8.01-195.12
B. As a condition of receiving any compensation under this article, a person shall execute a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof, (ii) any legal counsel appointed pursuant to § 19.2-159, and (iii) all other parties of interest, from any present or future claims the person receiving compensation may have against such enumerated parties and arising out of the factual situation in connection with the conviction for which compensation is being sought under this article.
Plain-English Summary
Subsection A prevents a double recovery. If, by the time compensation is awarded under Section 8.01-195.11, the wrongfully incarcerated person has already won a monetary award in a civil action against the Commonwealth or a political subdivision arising from the same factual situation as the conviction, or has already reached a settlement with the Commonwealth or a political subdivision over that same situation, the amount of that earlier award or settlement — reduced by whatever was paid to attorneys or spent on costs to obtain it — is deducted from the amount otherwise owed under Section 8.01-195.11.
Subsection B makes a release and waiver a condition of receiving any compensation under this article at all. The wrongfully incarcerated person must sign a release forever giving up any present or future claim, arising out of the same conviction, against the Commonwealth and its agencies, instrumentalities, officers, employees, and political subdivisions; against any legal counsel appointed under Section 19.2-159; and against all other parties of interest connected to the case.
Frequently Asked Questions
What happens if I already sued and won money from the Commonwealth before applying for this compensation?
The amount of that earlier award or settlement, minus attorney fees and costs spent obtaining it, is deducted from the compensation you would otherwise receive under Section 8.01-195.11.
Do I have to give up my right to sue later to receive compensation?
Yes. Subsection B requires executing a release and waiver of any present or future claim against the Commonwealth and related parties arising from the same conviction, as a condition of receiving compensation.
Who is covered by the release and waiver I have to sign?
The Commonwealth and its agencies, instrumentalities, officers, employees, and political subdivisions; any legal counsel appointed under Section 19.2-159; and all other parties of interest connected to the conviction.
Are my attorney’s fees from an earlier lawsuit factored into the deduction?
Yes. The offset under subsection A is calculated after subtracting sums paid to attorneys or spent on costs in the earlier civil action or settlement, so only the net recovery is deducted.
Does signing the release affect compensation for intentional misconduct under a separate section?
Yes. The additional compensation available under Section 8.01-195.13 for intentional fabrication or suppression of evidence also requires the same release and waiver described in subsection B before it becomes payable.
Amendment History
2004, cc. 818, 840; 2010, c. 557; 2024, c. 396.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: release and waiver wrongful incarceration virginiaoffset prior settlement wrongful incarceration virginiaconditions for wrongful conviction compensation virginiadouble recovery wrongful incarceration claimappointed counsel release virginia 19.2-159