Vacating Drug Possession Convictions
State v. Blake
Anyone convicted and sentenced in Washington for possessing controlled substances (illegal drugs) is entitled to have that conviction cleared from their record. 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.
If you have been convicted of drug possession, you may be entitled to a vacation of your conviction and remissions of any legal fines you have paid. While those with pending cases or who are under sentence are the current priority, our attention will turn to those persons in the community whose records need clearing.
If you were sentenced in Grant County, please feel free to call the Public Defender's Office to consider if you have a conviction that you are entitled to have vacated. Also, if you were sentenced for other felonies in Grant County, are currently under that sentence and had possession of controlled substances in your history, you can call to see if you might benefit from resentencing with a lower criminal history score.
You can call (509)-754-6027. Let the staff know you would like a Blake consultation.
Additional resources may be found at: www.courts.wa.gov/blakerefund