State v Blake Refunds

What is State v. Blake?

State v. Blake is a 2021 Washington State Supreme Court decision that held that the drug possession law was unconstitutional. If you were convicted of soliciting possession of a controlled substance, possession of marijuana, or certain other drug related misdemeanor or gross misdemeanor offenses in Snohomish County District Court you may be eligible to have your conviction vacated and a refund of legal financial obligations (LFOs) paid on these cases. 

If you are not sure whether your conviction qualifies for relief pursuant to State v. Blake, please contact the Snohomish County Public Defender Association at: www.snocopda.org/blake/. 

If you were convicted of a felony simple possession or unlawful possession of a firearm based exclusively on conviction of a simple possession in Snohomish County Superior Court, you can access information about their process at: www.snohomishcountywa.gov/6065/State-v-Blake-Refunds.

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

The Snohomish County Prosecuting Attorney’s Office is submitting motions and orders to vacate where there are convictions for simple possession beginning with the most recent cases.  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 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 Snohomish County District Court and signed by the Judge, the Snohomish County District Court will update the case/court record and notify Washington State Patrol to update your criminal history record, if applicable. In addition, if proper language is included in the order, the Snohomish County District Court Clerk will determine if a refund is owed and certify the amount of refund to the Administrative Office of the Courts.  

Who is eligible for a refund?

If you made payments towards legal financial obligations (LFOs) owed in Snohomish County District Court 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 all conviction(s) on a case are vacated pursuant to State v. Blake or where payments were credited toward a VUCSA fine or other LFO associated exclusively with the vacated charge. 

How do I apply for a refund?

Beginning July 1, 2023, when an Order to Vacate has been entered on your case, the Snohomish County District Court Clerk will certify the amount of the refund to the Administrative Office of the Courts with your case information. 

Verify if an Order to Vacate the conviction has been entered on  your case(s) by reviewing your case(s) at www.dw.courts.wa.gov. Once you have found your record, you are ready to apply for your LFO refund online through the Washington Courts Blake Refund Bureau. You may also mail your application for refund to: 

Washington Courts
 P.O. Box 41170
 Olympia, WA 98504-1170

Please be prepared with your case number, your updated address and picture ID when you apply. You may also be required to provide additional documentation if you’ve had your name changed. 

The Snohomish County District Court 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.