State v. Blake Information

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?

State v. Blake is a 2021 Washington State Supreme Court decision that says the state’s drug possession law is unconstitutional. If you were convicted of drug possession on or before February 25, 2021, you can get those convictions cleared (“vacated”) and removed from your criminal record. You may also get a refund of the legal financial obligations (LFOs) you paid on your drug possession case/s. The law the court found unconstitutional is “Unlawful Possession of a Controlled Substance” or “VUCSA – possession” (RCW 69.50.4013 and earlier versions of that law).

Do I need to do anything to vacate my drug possession conviction?

Yes.  You will need to actively motion the Court to vacate your drug possession.  You can find self-help forms and instructions by visiting the State v. Blake section of or by visiting the Washington State Office of Public Defense's page Vacate Drug Possession Convictions (State v. Blake)

Can I have an attorney appointed to assist me?

Yes.  You have the right to appointed counsel and we strongly encourage you to have legal counsel assist you.  If you would like an attorney to be appointed to you at public expense, please complete an Affidavit of Indigency and attach it to your Motion to Appoint Counsel.

How can I find an attorney to assist me?

The following court-appointed attorneys are available to assist with Blake ruling cases in Klickitat County Superior Court cases:

PO Box 1116
White Salmon, WA 98672

214 W Main Street
Goldendale, WA 98620

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?

See the link for "State v. Blake Refund Information" on the left or click here for how to request your refund once your case has been vacated.