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The Washington Supreme Court's recent opinion in State v. Blake, Cause Number 96873-0 (February 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.
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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 website.
If you have trouble locating your case, you can email the clerk records department or call 509-545-3525 and choose option number 1.
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.
Refunds are ordered when the only conviction(s) on a case is for drug possession. Any LFOs 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.
1016 N 4th AvenueRoom 224 Main Floor LFO OfficePasco, WA 99301
Visit our office to complete the application and show proof of identity
View the Blake Refund Application (PDF).
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.