Blake for People in a Washington State DOC Facility

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.

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 completing our Intake Form.

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.

Please complete our Intake Form to request assistance with being connected with an attorney that may be able to assist with navigating the process in the county where your conviction originates from.

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

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

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

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

Please contact OPD at 1-800-414-6064 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 you are currently on community custody for a Blake conviction, please contact our office for assistance.

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
  • 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