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Home / Opinion Digests / Criminal Law / Conviction obtained by fraud is vacated (access required)

Conviction obtained by fraud is vacated (access required)

Where petitioner seeks to have his plea-based convictions for firearm and drug offenses vacated, the petition is granted because the plea was obtained by a fraud on the court – “a police officer’s false representations.” Code § 8.01-428(D) allows a party to seek “at any time” relief from judgment “for fraud upon the court.” Subsection D ...