Anyone convicted and sentenced in Washington for possessing controlled substances (illegal drugs) is entitled to have that conviction cleared from their record. The Washington Supreme Court’s recent opinion in State v. Blake, Cause No. 96873-0 (Feb. 25, 2021), held that RCW 69.50.4013 and its predecessor statutes (collectively “RCW 69.50.4013” or “simple possession”) are unconstitutional.
If you have been convicted of drug possession, you may be entitled to a vacation of your conviction and remissions of any legal fines you have paid. While we are currently attending to those persons with pending cases or are under sentence, our attention will turn to those persons in the community whose records need clearing. We hope to develop a procedure and plans for those cases soon. For now, if you know that you have an unconstitutional PCS conviction that you would like to vacate on your own, here are some documents that may assist you in the process