Guide to Determining Blake Eligibility

Last Updated: July 22, 2022. Report error / Make suggestion

The Washington State Supreme Court’s ruling in the case State v. Blake found that the law criminalizing drug possession, RCW 69.50.4013, was unconstitutional. As a result of this ruling, any prior conviction under this law, and certain other related law, can be removed from your criminal record.

As a result, your conviction can be vacated. This means the conviction will be treated as if it never occurred. All fines or fees associated with your conviction will be eliminated. If you have made payments towards these fines or fees, you should get them back. Courts are still working on processes for refunding these payments, so you likely will not receive an immediate refund.

Step-by-Step Instructions

The numbers below, such as RCW 69.50.4013, refer to the specific law that the conviction was under. The same crime may have been prosecuted under a different law depending on when it happened. Where you see specific years next to the statute, only crimes that occurred during those times are eligible. Any convictions that occurred after February 25, 2021 are not likely eligible for a Blake vacate.

Step 1Look for eligible possession convictions

If you do not remember the details of your conviction(s), we can provide you with a free copy of your criminal history

Do you have any convictions for drug possession?

• Controlled Substance Possession – No Prescription RCW 69.50.4013
• Controlled Substance Violation D – RCW 69.50.401(D) Please note, only convictions under section D are eligible. These convictions would be for offenses prior to July 1, 2004.
• This includes any convictions for attempt, solicitation, or conspiracy to commit one of the crimes listed above.

If yes: The conviction(s) is eligible to vacate

Step 2:Look for other drug or alcohol possession convictions

Do you have any other similar drug/alcohol possession convictions?

• Possession of Marijuana – RCW 69.50.401(e) and RCW 69.50.4014
• Possession of Legend Drugs – RCW 69.41.030 and 69.41.070(3) [1973-June 30, 2004], and RCW 69.41.030(2)(b) [July 1, 2004 – 2021]
• Possession of Narcotics – RCW 69.33.020
• Possession of Counterfeit Substances – RCW 69.50.4011 [July 1, 2004 –2021]
• Minor in Possession of Alcohol – RCW 66.44.270(2)(a)
• This includes any convictions for attempt, solicitation, or conspiracy to commit one of the crimes listed above.

If yes: The conviction(s) may be eligible to vacate. If you have one of these convictions, you should contact us because these cases can be complicated.

Step 3Look for convictions that were based on one of the convictions above

Do you have any convictions where one of the crimes in Steps 1 or 2 was the only basis for the charge?

• Unlawful Possession of a Firearm – RCW 9.41.040(2)(a) [July 1, 2004 – June 30, 2022-2021] and 9.41.040(1)(b) [July 1, 1994 – June 30, 2004]
• Bail Jumping – RCW 9A.76.170
• Failure to Appear or Surrender – RCW 9A.76.190
• Escape (1^st, 2^nd or 3^rd Degree) – RCW 9.31.010, 9A.76.110, 9A.76.120, and 9A.76.130
• Resisting Arrest – RCW 9.69.040 and 9A.76.040

The information on this website is not legal advice. You should not and are not authorized to rely on this website as a source of legal advice. While Civil Survival goes to great lengths to make sure the information on the website is accurate, we cannot guarantee the accuracy of this information and are not responsible for any consequences that may result from the use of this website. We recommend that you consult with an attorney for assurance that the information on the website and your interpretation of it are appropriate for your situation.

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