State v. Blake resources
In February 2021, the Washington State Supreme Court ruled in State v. Blake that the state’s felony drug possession statute was unconstitutional.
On July 1, 2023, the refund process was moved to the State of Washington's Administrative Office of the Courts (AOC). To request a refund, please apply through the link below.
Need help filling out this application?
Who is affected?
The decision affects anyone previously convicted of simple possession of a controlled substance. This includes individuals currently incarcerated, on community custody/probation, in the community with a conviction on their record, or charged where the case is not yet resolved. It also affects people with convictions for felony possession of a firearm where simple possession of a controlled substance is the underlying felony.
What happens next?
Because the Washington State Supreme Court declared the statute unconstitutional, Washington courts will apply State v. Blake to anyone convicted under the RCW 69.50.4013 statute. This means convictions may be vacated, dismissed, etc., by an order from the court.
What is the status of my case?
If you have an eligible King County felony case, your case will be vacated based on the date of conviction, from newest to oldest. Once your case is vacated, you will no longer have a recorded conviction and you will be eligible for refunds of fees and fines you have paid, also known as legal financial obligations (LFOs).
Due to the volume of cases, we are not able to contact people whose convictions have been vacated and who may be entitled to an LFO refund.
- Check whether your case is vacated.
- Get instructions on how to look up your case and to request a refund on LFOs you’ve paid.
If your case occurred outside of King County, you will need to contact the county in which the conviction occurred.
If you are having difficulty accessing the status of your case, contact the Department of Public Defense at 206-296-7662, toll free at 1-844-935-3534, or by email at DPDBlakeRequest@kingcounty.gov.
We’re experiencing a high volume of calls and emails and will respond as soon as we’re able.