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State V. Blake
What is State v. Blake?
The Washington Supreme Court's recent opinion in State v. Blake, Cause No. 96873-0 (Feb. 25, 2021), held that RCW 69.50.4013 and its predecessor statutes (collectively "RCW 69.50.4013" or "simple possession") are unconstitutional. This has resulted in an unprecedented number of post-conviction motions for relief.
Do I need to do anything to vacate my drug possession conviction?
No, all drug possession convictions impacted by the State v. Blake ruling in Franklin County Superior Court will be reviewed by the Prosecuting Attorney's Office, and the Court will enter an order to vacate and file that order with the Superior Court Clerk.
You may check your case file to see if an order has been entered in your case by using the Clerk's Records Access Portal.
What happens after my conviction is vacated?
Once a vacate order is entered the Clerk will update the court record and send a copy of the order to Washington State Patrol to update their records.
Who is eligible for a refund?
Refunds are ordered when the only conviction(s) on a case is for drug possession. Any LFO's paid on that case can be refunded to the defendant after an application is received and approved by the clerk.
Cases with a drug possession conviction and any other conviction are not eligible for a refund through this process.
How do I request a refund?
Refunds will be processed by the Washington State Administrative office for the Courts. More information on that process can be found by clicking on the link below
https://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.blakerefundbureau
Sharon Swanson
Blake Implementation Manager | Management Services Division
Administrative Office of the Courts
P: 360.890.0991
More information can also be found on the Prosecutor's Office State v. Blake page.