About 200,000 drug convictions in Washington still eligible to be cleared
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Hundreds of thousands of drug convictions became eligible to be cleared after Washington state's criminal drug law was struck down in 2021 — but fewer than half have been vacated, and the state money that helps people navigate the process is running low.
Why it matters: Because vacating a conviction isn't automatic, people often need legal help and education to make it happen — and Washington's budget-strapped state government has been cutting funding for that work.
The latest: More than 205,000 drug convictions remained eligible to be wiped clean as of July, according to Washington State Patrol data shared with lawmakers this month.
- About 125,000 convictions had been vacated as of midyear, the latest data available.
Catch up quick: In the 2021 Blake ruling, Washington's Supreme Court found the state's criminal drug-possession law unconstitutional because the law didn't require proof that a person knew they had drugs.
- Lawmakers later rewrote the law, ultimately making simple drug possession a gross misdemeanor.
- People convicted under the old law can still have their records wiped and get refunded for fines and fees they may have paid.
What they're saying: "The Blake work isn't complete," Christopher Stanley, chief financial and management officer at the state Administrative Office of the Courts, told a state House committee earlier this month.
- Many people affected by the ruling likely lack attorneys and haven't heard of Blake — or, if they have, "they do not know what they should do to obtain relief," per a Dec. 5 presentation from Stanley's office.
State of play: Facing a multibillion-dollar budget shortfall earlier this year, state lawmakers cut funding that was designed to help some of those people.
- The Blake response program in the state Office of Public Defense lost 44% of its funding, while the Legislature also cut $5.2 million in Blake-related funding from the Office of Civil Legal Aid.
- Both agencies are seeking additional money when the Legislature convenes for a new session next month.
"We are underfunded for the work that is left to do," Grace O'Connor with the Office of Public Defense told House committee members this month.
- She estimated her agency will need to reduce direct representation of Blake clients by 59% in the coming fiscal year.
Friction point: Top lawmakers and the governor have warned that next year's budget will also be tight, with another multibillion-dollar shortfall looming.
- With that in mind, the state Senate's lead budget writer, June Robinson (D-Everett) has told her fellow Democrats not to ask for any new spending.
- That suggests budget requests from agencies will also receive heightened scrutiny.
What's next: The Legislature will begin a new 60-day session Jan. 12.