Vacate drug possession convictions after State v. Blake
State v. Blake is a 2021 Washington State Supreme Court decision that says the state’s drug possession law is unconstitutional.
If you were convicted of drug possession on or before February 25, 2021, you can get those convictions cleared (“vacated”) and removed from your criminal record. You may also get a refund of related costs you paid on those cases, including legal financial obligations (LFOs).
Contents
1. Fast facts
Vacate your drug possession convictions
Because of the State v. Blake decision, you can vacate any Washington State felony drug possession conviction between 1971 and February 25, 2021. Vacating a conviction removes it from your criminal record. This means the conviction will be treated as if it never happened.
The law the court found unconstitutional is “Unlawful Possession of a Controlled Substance” or “VUCSA – possession” (RCW 69.50.4013 and earlier versions of that law).
You may also be able to vacate misdemeanor drug possession convictions and get LFO refunds from District or Municipal Courts. Read Civil Survival's Guide to Blake Eligibility. It lists the type of convictions that can now be vacated because of Blake.
If you don't remember the details of your conviction/s, Civil Survival can provide you with a free copy of your criminal history.
Immigrants: If you weren't born in the United States, don’t try this process on your own. Get legal help and be sure that your lawyer is aware of the immigration consequences by telling them that they should contact the Washington Defender Association for immigration case assistance.
Currently incarcerated or on community custody: People with unconstitutional drug possession convictions who are incarcerated or on community custody for felony drug possession are being resentenced or their supervision is being shortened. If a friend or loved one is in this situation and hasn’t heard from an attorney about resentencing, they should call the Washington State Office of Public Defense at 800-414-6064, ext. 218.
Ask to refund your LFOs
If you were convicted only of simple drug possession, you are entitled to a refund of all LFOs that you paid on that case.
After you get your conviction vacated, you can apply to the Washington Courts Blake Refund Bureau to get your refund.
If you were convicted of drug possession and other offenses at the same, your right to a LFO refund is less clear. It depends on what those other crimes are. Get legal help if this is your situation.
You may need to take action to get your full refund:
- If you paid LFOs to a collection agency or other private business for your drug possession conviction, not directly to the court, you may need a lawyer to help get a full refund. These are called Blake “third-party expenses.”
- If you receive SSI or other public benefits, be sure to report any LFO refund to the benefits agency. You may have to spend the refund quickly to avoid eligibility problems. Learn how to protect your benefits in this situation from Civil Survival.
- If you owe more than $100 in unpaid child support to the other parent, the Washington State Division Child Support (DCS) will take up to half your Blake refund if it’s over $50. If this would be a hardship for you, call to discuss your options with your child support case manager, 1-800-442-KIDS (5437).
Costs of Supervision Refunds
Once your case is vacated, you’re also entitled to a refund of any costs of supervision that you paid to the Department of Corrections (DOC). DOC is automatically sending out those refunds in chronological order. To be sure that you receive your COS refund, update your mailing address with DOC.
Veterans Benefits
If you lost veterans benefits due to an unconstitutional drug possession conviction, get legal help. You may be able to get back the value of the VA benefits that you lost.