Hampton, Va. (WTKR) – An order to expunge the record of Johnathan Montgomery has been signed in Hampton Circuit Court.
The expungement order was signed Monday morning, following the issuance of a Writ of Actual Innocence by the Court of Appeals of Virginia on December 20, 2013.
The order states that all police and court records, including electronic records, be expunged from Montgomery’s record.
It also will be automatically forwarded to the Virginia Department of State Police.
On Friday, Montgomery’s family expressed frustration to NewsChannel 3’s Todd Corillo about the road blocks they had run into in getting Montgomery taken off sex offender registries and removed from probation.
Montgomery spent more than 4 years in prison for a sex crime he never committed. His accuser, Elizabeth Coast, was found guilty of felony perjury.
Montgomery was issued a Conditional Pardon from Governor Bob McDonnell in November 2012 after NewsChannel 3 Took Action and fought for his release.
A condition of the pardon stated that he must receive a Writ of Actual Innocence in order to fully clear his name.