If you or your friend or loved one is currently serving prison time in a Washington State Department of Corrections facility, the State v. Blake decision impacts them differently.
Resentencing
If you were sentenced before the Blake decision in February, 2021, and a vacatable drug possession conviction was included in your point calculation, you may be eligible for a resentencing. If you have not yet spoken to a lawyer about resentencing, you should start the process in the county where you got the sentence you are currently serving, even if your drug possession conviction was from a different county.
Please call our office’s toll-free number to find out if you qualify for resentencing, to get contact information for a resentencing lawyer in your county, or if you have any questions about resentencing: 1-800-414-6064 ext. 218.
You may instead fill out and file a Pro Se Appointment and Resentencing Motion to request an attorney to represent you for resentencing, but this option may be slower than reaching out directly to our team or to the contact listed on this page for your sentencing county.
Vacating Felony Convictions
Even if you are not eligible for resentencing, you can still get a Blake-eligible conviction removed from your record while you are in DOC custody. Each county has a different process when it comes to vacating (clearing) your drug possession conviction. If you have a conviction from more than one county, you will need to follow the vacate process in each county.
If our How to Start the Vacate Process page provides an attorney’s phone number, you can call that attorney directly, even from a DOC facility. If a phone number is not provided, or you are having trouble getting in touch with the attorney, please contact OPD’s Blake team.
Vacating Misdemeanor Convictions
If you have a misdemeanor drug possession conviction from a county district court, it may be Blake eligible. You can follow the same process for vacating felony convictions to vacate district court misdemeanor convictions.
If you have a misdemeanor drug possession or possession of drug paraphernalia conviction from a municipal court, it may be eligible under Blake. This varies based on the court, and the municipal code or law they used. It is generally easier to vacate a municipal court conviction while out of DOC custody. If you will be released soon, we recommend waiting and contacting the court administrator after release.
If you need to get your municipal court conviction vacated sooner, or you will not be released for a long time, please call our office to find out what support we can provide for getting your conviction vacated.
Refunds
The refund process works differently for people who are currently incarcerated. Please visit our How to Get a Refund of Costs You Paid on Your Vacated Conviction page to familiarize yourself with the three types of refunds currently offered. Below is information about how people in DOC custody can receive refunds for costs associated with their vacated Blake conviction. There is currently no refund for time spent incarcerated.
The conviction must be vacated before you are eligible for any refund.
- LFO Refunds
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The Department of Corrections and the Refund Bureau have worked together to distribute paper applications in all DOC facilities in Washington. Once applications have been filled out, they can be notarized by notaries provided by DOC, and then mailed to the Refund Bureau in the provided pre-addressed and stamped envelopes.
You will only be refunded the amount that you have already paid on the LFOs associated with your Blake conviction.
Refund checks can be deposited in Trust Accounting System accounts, where they will be subject to DOC deductions. Checks can also be sent to friends or family members, who can hold on to the check for up to six months (when it will expire) or get Power of Attorney so they can cash the check.
- Cost of Supervision Refunds
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The Department of Corrections is refunding the Cost of Supervision fee you paid if you were on Community Custody for a Blake conviction. These fees are being refunded in the order that the conviction was vacated. COS refunds for people in WA DOC custody will be automatically deposited in Trust Accounting System accounts, where they will be subject to DOC deductions.
- Third-Party Payment Refunds
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Third-party payments are costs you paid as a result of your conviction, that were not paid directly to a court clerk or administrator. These costs include, but are not limited to:
- electronic home monitoring fees
- jail or community service in lieu of fines
- attorney fees,
- treatment or drug court fees
Please contact OPD at 1-800-414-6064 ext. 214 or blake@opd.wa.gov for details about third party refunds if you are currently incarcerated.
What if I am on Community Custody for a Blake Conviction?
If your conviction for drug possession is vacated in court, there is no need to apply for a commutation order.
In response to the Washington Supreme Court’s State v. Blake decision, the Governor is “commuting” (pardoning) criminal sentences of people serving Department of Corrections (DOC) Community custody only for Possession of Controlled Substance.
If you answer Yes to all of the following, you may be eligible for a Commutation Order:
- Are you currently serving a sentence of community custody, either actively or on warrant status, with the Washington Department of Corrections?
- Is your sentence for Possession of Controlled Substance under RCW 69.50.4013(1)?
- Is your sentence only for Possession of Controlled Substance, and not combined with sentences for any other offenses?
When a person receives a commutation order, they no longer have to serve their sentence. DOC is instructed to stop supervising the individual, and to stop collecting fees and fines (commonly referred to as LFOs). However, the person still has the drug possession conviction on their court record and their criminal history record. To clear your criminal record and seek reimbursement of your legal financial obligations (LFOs), please follow the instructions on How to Start the Vacate Process and How to Get a Refund of Costs you Paid on Your Vacated Drug Possession Conviction.
If you are not a United States citizen, a commutation order does not change the immigration consequences of your criminal conviction(s).
If you have new or pending charges, the commutation order has no impact on those charges.
To apply for a Commutation Order, complete the Petition for Commutation and email it to blake@opd.wa.gov, or mail it to:
Washington State Office of Public Defense
Attn: Blake
PO Box 40957
Olympia, WA 98504-0957
Contact Us
OPD’s Blake team has worked to create various channels of communication between our office and people in WA DOC facilities.
- Call our toll free Blake Line: 1-800-414-6064 ext. 218
- Call the Office of Public Defense and ask for Blake: 360-586-3164
- If you miss us, leave a voicemail with your full name and DOC number. We will reach out over Securus eMessaging
- If your friend or loved one is currently incarcerated, and you think they may have a Blake issue, you can call us or email blake@opd.wa.gov with their full name and DOC number. We will reach out over Securus eMessaging