State v. Blake Conviction Information

State v. Blake and Possession of Controlled Substance Convictions

In 2021, the Washington State Supreme Court issued an opinion in State v. Blake, holding that Washington State's Possession of a Controlled Substance statute was unconstitutional because it did not require a knowing possession of a controlled substance. The Court held that all prior convictions were invalid, and should be vacated.

If you were convicted prior to February 25, 2021, of a simple possession of a controlled substance under RCW 69.50.4013 ( a "Blake conviction"), you are eligible to have your conviction vacated (cleared), and for a full refund of all paid legal financial obligations.

What is a "Vacation?"

A "vacation" in criminal legal terms means that a court retroactively dismisses your conviction-- after vacation, the legal effect is that your conviction never happened.

Do you qualify for vacation?

  • If your conviction was entered prior to February 25, 2021;
  • If your conviction was for simple Possession of a Controlled Substance under RCW 69.50.4013.

Who does not qualify?

  • You were convicted of Possession with Intent to Deliver under RCW 69.50.401;
  • Your conviction was entered under a local city or county ordinance;
  • If you were convicted of additional charges in the same case as your simple possession conviction, only your simple possession conviction may be vacated, and only those legal financial obligations directly attributed to the simple possession conviction will be refunded.

How can you request a vacation of your conviction?

  • Fill out a Blake Conviction Vacation Intake Sheet and return it to the Prosecuting Attorney's Office by mail, email, or in person.
  • The Prosecuting Attorney will review your intake sheet, ensure that you qualify, and then draft an agreed order vacating your conviction for presentation to the Superior or District Court;
  • The Prosecuting Attorney will send you the agreed order for your review, approval, and signature. You are strongly encouraged to review the documents with an attorney and seek legal advice before signing, but are not required to be represented by an attorney to seek relief. The Prosecuting Attorney is legally and ethically unable to give you any legal advice or guidance in this process.
  • Once the Prosecuting Attorney has received the approved and signed order, it will be presented ex-parte (without a court hearing) to the judge of the appropriate court.
  • After the judge signs the order, the clerk of court will forward the order to the Washington State Patrol to remove the conviction from your criminal record, and forward the order to the County Auditor and Treasurer for processing of your refund (if applicable);
  • The Prosecuting Attorney is unable to provide any assistance or information on the status of your refund check. Currently, the County is experiencing delays in processing refunds because the refunds must come from the State of Washington. Your patience is appreciated, and any questions about the status of your refund should be directed to the Auditor.