Cuccinelli is supporting legislation to change the language in the writ of actual innocence.
He says simply changing the word "could" to "would" would make the process more clear for courts.
Jonathan Montgomery spent more than four years in prison for a crime he didn't commit.
His accuser, Elizabeth Coast, admitted to lying about a sexual assault and a judge ordered Montgomery to be set free
But Cuccinelli blocked the release saying it violated the 21-day rule.
That meant Montgomery was stuck in prison for nearly two additional weeks until NewsChannel 3 took action and Governor Bob McDonnell pardoned him.