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 contact the Clerk’s Office at the email address or phone number below.  


If you have trouble locating your case, you can contact us at:

email: accountingclerk@snoco.org

phone: 425-388-3230


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 and a current mailing address is included in the order, the Clerk will determine if a refund is owed and process the refund accordingly.

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 filed in your case, the Clerk will process refunds as long as the order contains proper language directing the Clerk to process the refund and there is a current mailing address to send the refund. 

 

If a current mailing address was not provided in the Order to Vacate, complete a Refund Application.  As part of the application the defendant must provide proof of identity and a current mailing address.  After the application has been received and approved by the Clerk, the Clerk will review the case(s) to determine any refund amount due and process the refund accordingly.  Only the LFO amounts actually paid on vacated charges are eligible for refund. 

 

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.

 

While the Clerk makes every effort to process the refund and mail payment in a timely manner, it can take up to 60 days.


Deliver the application and proof of ID to the Clerk’s office either by email, mail, or in person.


          Email: Send a completed application form and proof of identity to: accountingclerk@snoco.org


          Mail:  Download, print, and complete the application, provide proof of identity, and mail it to the address below.


          Snohomish County Superior Court Clerk

          Attn: Accounting

          3000 Rockefeller Ave, M/S 605

          Everett, WA 98201

 

          In Person: Visit our office to complete the application and show proof of identity.


          Snohomish County Superior Court Clerk

          3000 Rockefeller Ave, M206

          Everett, WA 98201