State v. Blake Information
What is State v. Blake?
A 2021 Washington State Supreme Court decision that declared Washington’s previous Unlawful Possession of a Controlled Substance (UPCS) law was unconstitutional.
As a result, anyone with a previous conviction for simple possession of a controlled substance under RCW 69.50.4013 (and its predecessor statutes) is eligible to have it removed (“vacated”) from their criminal record. You also could be eligible for a refund of any legal financial obligations (LFOSs) paid associated with the conviction.
Additionally, if you are currently serving a term of community custody due to a UPCS conviction, you may be entitled to have your term of community custody stricken. Moreover, if you are currently serving a prison sentence for a non-UPCS conviction but have a prior UPCS conviction that scored against you in your offender score, you may be entitled to resentencing with a corrected offender score calculation.
If you are interested in having the Thurston County Public Defense move to vacate your conviction(s) and address other potential relief, please call or send us an email (see “contact information”). You may also write to us at Thurston County Public Defense, Attention: Blake Team, 926 24th Way SW, Olympia, WA 98502.
When contacting us, please include the following information:
FULL LEGAL NAME (if your name changed, please also include your name at time case was filed)
DATE OF BIRTH
CASE # (if available, or approximate date when case was filed)
PHONE NUMBER, MAILING ADDRESS AND EMAIL ADDRESS.
IF ON PROBATION (COMMUNTITY CUSTODY SUPERVISION), YOUR ESTIMATED RELEASE DATE
If you need to complete an indigency screening form, click here.