How to Clear a Drug Conviction in Washington State: Vacate or Expunge Your Record
If you have a drug conviction on your record in Washington State, you're not alone, and you're not out of options. You might be feeling stuck, wondering if that charge from years ago will keep following you for the rest of your life. Whether it's showing up on background checks for jobs, school, loans, or even when you're trying to rent a home, a drug conviction can be a heavy weight to carry.
But there’s good news: Washington law has changed, and you may be able to clear your record entirely. At Findley & Rogers, we help people across the state wipe drug convictions off their records fast. Our job is to make this process easy and empowering. We’ll take care of the paperwork, the court filings, and all the follow-up, so you can focus on moving forward.
Let’s walk through how it works.
The Game-Changer: State v. Blake
In 2021, the Washington Supreme Court made a powerful decision in a case called State v. Blake. The Court ruled that Washington’s strict drug possession law (RCW 69.50.4013) was unconstitutional.
Why? Because people could be convicted even if they didn’t know they had drugs on them. Imagine borrowing a friend’s jacket and getting arrested for something in the pocket you didn’t even know was there. That’s what happened to the woman in the Blake case. The Court said enough. That kind of law violates your basic rights. As a result, all simple drug possession convictions under that law, felony or misdemeanor, are now invalid.
Yes, you read that right: invalid. If you were convicted under this law, your conviction may be wiped from your record entirely.
What Types of Drug Convictions Can Be Cleared?
You may be eligible to vacate or expunge if:
You were convicted of simple possession of a controlled substance (RCW 69.50.4013).
Your conviction happened anytime between 1971 and February 25, 2021.
Your drug conviction was in a Washington State court (Superior, District, or Municipal).
This includes common charges like possession of:
Cocaine
Heroin
Meth
Prescription pills
Marijuana (before legalization)
Note: This ruling doesn’t apply to charges like drug manufacturing, delivery, or possession with intent to distribute.
Do You Have to Pay Off Fines First?
No! That’s another big deal. You can vacate your conviction even if you still owe Legal Financial Obligations (LFOs). Because the law was unconstitutional, the conviction is invalid, and that means the court has to clear it. You may even be able to get a refund for fines you already paid.
What Else Do You Get Back?
Your rights. If this conviction took away your right to own a firearm, that right may now be restored automatically (as long as you don’t have other disqualifying convictions).
Your record. Once vacated, the conviction disappears from your public record. It won’t show up on most background checks.Your confidence. You can legally say, “I was never convicted.”
Step-by-Step: How to Clear a Drug Conviction in Washington
Clearing your record may sound complicated, but with Findley & Rogers on your side, we make it fast and manageable.
Step 1: Review Your Record
Not sure if you're eligible? We’ll get a copy of your criminal history and check if your conviction qualifies under the Blake decision.
Step 2: File a Motion to Vacate
We’ll prepare and file the paperwork with the right court. This includes a formal motion asking the judge to vacate your conviction.
Step 3: Represent You in Court
Some counties in Washington (like King, Pierce, or Spokane) may require a hearing. We’ll appear on your behalf and make sure the court grants your motion.
Step 4: Get Your Refund
Once your conviction is vacated, we can help you request refunds for fines and fees you paid, whether to the court, collection agencies, or even the Department of Corrections.
County-by-County Notes
While State v. Blake applies statewide, each county handles vacate motions a little differently.
King County (Seattle): Generally requires a motion and sometimes a hearing. Fast processing if the paperwork is complete.
Pierce County (Tacoma): Often requires additional documents for LFO refunds.
Spokane County: Offers batch processing for in-custody cases but still accepts individual petitions.
Snohomish and Kitsap Counties: More streamlined. Findley & Rogers has experience navigating both.
Yakima and Clark Counties: May need extra paperwork for older convictions.
Wherever your conviction happened, we’ll handle the county-specific process for you.
What If You Were in Jail or on Probation for Drug Possession?
You may qualify for:
Resentencing
Early release
Shortened community custody
If your sentence was longer because of a Blake-related conviction, we can help you get that changed, too.
What About Juvenile Drug Convictions?
Juvenile drug charges are also covered under the Blake decision if they fall under RCW 69.50.4013. You can petition to vacate those as well, and in many cases, your juvenile record can also be sealed.
What If You're Not Sure What You Were Convicted Of?
That’s okay.
Findley & Rogers offers free consultations to check your record. We’ll pull the details for you and let you know if your case qualifies for vacation or sealing. No guesswork. No pressure. Just honest answers.
Start Fresh with Findley & Rogers
You don’t have to live in the shadow of an old mistake. Whether your drug conviction was from last year or 30 years ago, Washington law gives you a second chance, and we’re here to help you grab it.
Findley & Rogers has helped thousands of Washington residents clear their records and move forward in life. We offer:
Free consultations
Flat-fee pricing
Fast service
Experienced attorneys who know the courts
Don’t let a drug conviction keep you from getting a job, housing, education, or peace of mind.
Reclaim your future. Contact Findley & Rogers today and start the process to clear your record.
