After The Appeal
Va. Code 8.01-654 — two years from final judgment, or one year from the end of the direct appeal, whichever is later
The deadline. A habeas corpus petition attacking a criminal conviction or sentence is filed within two years from the date of final judgment in the trial court, or within one year from the final disposition of the direct appeal in state court or the expiry of the time to file one, whichever is later.
Where. For a detention that began under criminal process, only the circuit court that entered the original judgment may issue the writ. If a district court entered it, the circuit court for the city or county where that district court sits does.
Everything at once. The petition contains every allegation whose facts the petitioner knows when filing, and lists all previous applications. No writ is granted on an allegation whose facts the petitioner knew when filing an earlier petition.
A lost appeal. That rule does not apply to a first petition whose sole allegation is that the petitioner was deprived of the right to appeal.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 8.01-654 — When and where petition filed; what petition to contain
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.