State v Blake

  1. Information
  2. Application

The Superior Court Clerk's Office is processing orders to vacate drug possession convictions. Our office also helps facilitate issuing refunds to defendants who have made Legal Financial Obligation (LFO) payments.

State v. Blake

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. As a result, there have been an unprecedented number of post-conviction motions for relief. All drug possession convictions affected by the State v. Blake ruling will be reviewed by the Prosecuting Attorney's Office, and the Court will enter an order to vacate that will be filed with the Superior Court Clerk. 

Refund Eligibility 

Cases where the only conviction(s) on a case is for drug possession are eligible for refund. LFO's paid on those cases can be refunded to the defendant after an application is received and approved by the clerk. Cases with any other conviction are not eligible for a refund.

Requesting a Refund

  1. Verify an order to vacate the conviction has been entered in your case(s).
    • If an order to vacate has not been entered in your case(s), contact the Cowlitz County Prosecuting Attorney's Office at (360) 577-3080.
  2. If you have previously paid LFOs on the case(s), you can request a refund in any of these four methods:
    • Submit an application online by clicking the 'Application' tab at the top of the page. 
    • Email a completed application form and proof of identity to the Clerks Office.
    • Complete and mail the application with proof of identity to:
      • Cowlitz County Clerk's Office
        312 SW First Avenue Room 233
        Kelso, WA 98626

    • Visit the Clerk's Office in person to complete the application and show proof of identity.

Blake Refund Application

Receiving a Refund

After the clerk has approved your application, the auditor's office will process your refund and will mail the check to the address provided on the application.