What is State v. Blake?

On February 25, 2021, the Washington State Supreme Court issued an opinion in State v. Blake, Cause No. 96873-0, declaring RCW 9.50.4013 regarding simple drug possession unconstitutional. As such, you may be eligible to have your conviction(s) vacated and/or be re-sentenced on your case(s). Legal financial obligations (LFOs) assessed and paid as a result of the vacated convictions may be eligible for a refund.

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

No, all drug possession convictions impacted by the State v. Blake ruling in Gig Harbor Municipal Court will be reviewed by the Prosecuting Attorney and the Court will enter an order to vacate.

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 LFOs paid on that case can be refunded to the defendant after an application is received and approved by the court.

The deadline to request a refund through Gig Harbor Municipal Court has expired. All requests for refunds must be directly submitted to Administrative Office of the Courts via Blake online refund portal. To submit a request for refund via online portal, please click here Version OptionsBlake Decision RefundHeadline.