State v. Blake Refunds
What is State v. Blake?
State v. Blake is a 2021 Washington State Supreme Court decision that ruled the felony drug possession law unconstitutional. If you were convicted of simple possession of a controlled substance under RCW 69.50.4013 (and its predecessor statutes) you may be eligible to have your conviction vacated and a refund of any legal financial obligations (LFOs) paid on these cases.
Do I need to do anything to vacate my drug possession conviction?
The Snohomish County Prosecuting Attorney’s Office is currently processing Orders to Vacate convictions in cases where the only charge is simple possession.
To see if an order has already been entered on your case(s), go to www.dw.courts.wa.gov. If an Order to Vacate has been entered in your case and you have not received a refund, please refer to the Blake Refund Bureau portal public assess site available through Washington Courts. The refund bureau will provide individuals who have had their Blake convictions vacated a self-navigable database to determine if they are due refunds related to their convictions. Refund requests will be submitted through an online application available on the website. Once the application has been received and a refund amount has been confirmed by the court, the state will issue the refund.
While the portal exclusively operates in the processing of LFO refunds, the site will include resources to guide individuals in clearing their convictions and seeking legal help.
If you have trouble locating your case, you can contact us at:
If an Order to Vacate has not been entered in your case, you can find additional resources regarding vacating these convictions through the Snohomish County Public Defender's Association by visiting www.snocopda.org/blake/.
What happens after my conviction is vacated?
Once an Order to Vacate is received by the Clerk, the Clerk will update the case/court record and send a copy of the order to Washington State Patrol to update your criminal history record. In addition, if proper language is included in the order, the Clerk will upload cases with refunds owing to the Refund Bureau. The Clerk will also write off any unpaid LFO balances that arise solely from the conviction(s) vacated by the court order, including any interest or collection costs.
Who is eligible for a refund?
If you made payments towards legal financial obligations (LFOs) owed in cases vacated as a result of the State v. Blake decision, you may be eligible for a refund. Refunds of LFOs previously paid are ordered when the only conviction(s) in the case are for drug possession. If there are other charges in the case, refunds will be processed on any paid fines or fees specifically related to the possession of controlled substance charge.
How do I request a refund?
Verify an Order to Vacate the conviction has been entered in your case(s) by reviewing your case at www.dw.courts.wa.gov.
If an Order to Vacate has been entered, check the Blake Refund Bureau to determine if your case has been uploaded by the Clerk’s Office. If your case is listed, use the online application provided on the Bureau’s website to apply for your refund. If your case is not listed, contact the Accounting division of the Clerk’s Office at email@example.com to determine if you are owed a refund, and when your case information might be uploaded to the State.