State V. Blake

The Superior Court Clerk's Office is processing orders to vacate drug possession convictions. Our office also assists defendants who have made Legal Financial Obligation (LFO) payments on these cases to get a refund.

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. 

If you have trouble locating your case, you can contact us at:

- email: clerkrecords@franklincountywa.gov
- phone: 509 545 3525 option #1

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?

  1. Verify an order to vacate the conviction has been entered in your case(s).
  2. If you have previously paid LFOs on the case(s), you can request a refund in any of the three methods
    • Send a completed application form and proof of identity by emailing the Clerk Records department
    • Download, print, and complete the application, provide proof of identity, and mail the application to:

      • Franklin County Clerk's Office
        1016 N 4th Avenue
        Room 224 Main Floor LFO Office
        Pasco, WA 99301

    • Visit our office to complete the application and show proof of identity

View the Blake Refund Application (PDF).

How will I receive my refund?

Once the clerk has approved a refund application, the auditor's office will process your refund and will mail the check to the address provided on the application. YOU MUST KEEP YOUR ADDRESS UPDATED WITH THE SUPERIOR COURT CLERK.

More information can also be found on the Prosecutor's Office State v. Blake page.