In 2021, the Washington State Supreme Court fundamentally changed how drug possession is treated under state law. The ruling — known as the Blake Decision — declared Washington’s drug possession statute unconstitutional.
The impact was sweeping: anyone convicted of simple drug possession on or before February 25, 2021 may now be eligible to have that conviction vacated and removed from their criminal record. But five years later, advocates say many people still don’t know help is available — or that they may be owed money.
Attorney Corey Guilmette says the Blake decision applies to an estimated 330,000 to 600,000 convictions dating back as far as 1971.
“So far, about 160,000 convictions have been eliminated,” Guilmette said. “That means there’s still a lot of work to do.”
Beyond clearing records, Guilmette says the state is holding $33 million in unclaimed refunds — money people paid in court fees and fines tied to convictions that are no longer legal.
“That’s thousands or even tens of thousands of dollars for some families,” he said. “It can make all the difference moving forward.”
