The Virginia Court of Appeals received Jonathan Montgomery’s petition for Writ of Actual Innocence just before Christmas.
On Friday the court decided not to dismiss the petition.
That means that according to Virginia code the attorney general now has 60 days to file a response.
You may remember NewsChannel 3 was the first to break Montgomery’s story back in November.
He spent more than four years in prison for sex crimes he didn’t commit.
After a Hampton circuit court judge ordered his release it was blocked by Attorney General Ken Cuccinelli.
That’s when NewsChannel 3 took action, going to Richmond to ask the governor to step in.
Montgomery was granted a conditional pardon by Governor McDonnell just two days before Thanksgiving
He still must receive the Writ of Actual Innocence in order to fully clear his name.
As for the woman whose lies put Montgomery in prison, Elizabeth Coast is expected to appear in court on a felony perjury charge in February.