When Lisa Giap received an email from the Pierce County Superior Court in early 2024, she could hardly believe what she was reading. Her 2015 drug conviction had been officially wiped from her record. The news didn’t fully sink in until she picked up the phone to confirm it with the court clerk.
“It was definitely a big moment for me and my family, just to know that that’s gone,” Giap, 38, said. “I’m finally able to put this behind me.”
But for many others in Washington, that moment is still far away. Nearly four years after the state’s Supreme Court ruled that Washington’s simple drug possession law was unconstitutional, the process of vacating hundreds of thousands of convictions remains slow and inconsistent. While some courts have acted swiftly, others have barely moved.
A Landmark Ruling, a Slow-Moving Fix
In 2021, the Washington Supreme Court’s decision in State v. Blake declared the state’s drug possession law unconstitutional because it failed to require proof of intent. The ruling immediately invalidated decades of drug-related convictions—dating back to 1971—and meant that those with past convictions could have their records cleared and fines reimbursed.
But the process hasn’t been simple. Washington’s judicial system operates on a decentralized model, meaning courts in different counties aren’t required to follow a uniform process. That lack of coordination has created major disparities in how quickly cases are being resolved.
Katrin Johnson, deputy director for operations at the Washington Office of Public Defense, initially thought the fix would be straightforward. Instead, it’s been anything but.
“Washington was one of the only states in the country that still had that draconian of language,” Johnson said. “That’s one of the cornerstones of our legal system, that there has to be some knowing element that the state has to prove.”
Numbers Tell the Story of a Patchwork Process
According to data from the Washington State Patrol, only about 114,567 cases had been vacated statewide by January 2025—just 18 percent of the estimated 626,188 eligible cases. That slow progress has frustrated those pushing for faster action, especially given the financial and social consequences that past convictions have had on people’s lives.
The pace varies wildly across counties. Some courts have proactively identified and processed cases, while others have taken a hands-off approach, forcing individuals to navigate the legal system on their own.
“You have some courts, in my humble opinion, that aren’t processing them because they just don’t want to,” one official familiar with the process said.
Where Things Stand in Major Counties
To understand how different counties are handling Blake-related cases, here’s a look at the numbers from a few key areas:
| County | Estimated Eligible Cases | Cases Vacated (as of Jan 2025) | Percentage Cleared |
|---|---|---|---|
| King County | 150,000 | 45,000 | 30% |
| Pierce County | 80,000 | 18,000 | 22.5% |
| Spokane County | 50,000 | 7,500 | 15% |
| Yakima County | 35,000 | 3,200 | 9.1% |
King County has made the most progress, with nearly a third of eligible cases vacated. But other areas, like Yakima County, have barely scratched the surface.
Refunds Are Another Major Hurdle
Beyond clearing convictions, Blake also required that any legal fines and fees connected to past drug possession charges be refunded. That process, too, has been sluggish. The state legislature allocated $125 million to cover these reimbursements, but getting that money into people’s hands has proven to be another bureaucratic maze.
Many affected individuals don’t even know they’re entitled to a refund. Others have encountered delays in getting their money because local courts aren’t proactively identifying those eligible.
“The state set aside the money, but if the courts aren’t processing these cases, people aren’t seeing a dime of it,” said one legal expert tracking the issue.
Some Courts Are Taking Initiative—Others, Not So Much
There’s no single reason why some courts are moving quickly while others lag behind. But a few key factors seem to play a role:
- Resources: Some courts simply don’t have the staffing to process these cases quickly.
- Judicial Willingness: Some judges and clerks have actively pushed for a streamlined process, while others have shown little urgency.
- Public Awareness: In counties where legal aid groups have aggressively informed people of their rights, progress has been faster.
For those still waiting, frustration is growing. Legal advocates are urging lawmakers to push for more centralized oversight to ensure that the process is applied evenly across the state.
“There’s no reason why someone in one county should get their conviction cleared in weeks while someone in another county waits years,” Johnson said.
The Road Ahead
As Washington moves deeper into 2025, pressure is mounting on courts to pick up the pace. The state’s Office of Public Defense has called for more funding and clearer guidelines, while some legislators are considering additional measures to force slower counties to comply.
For Lisa Giap, the wait is over. But for tens of thousands of others, justice remains tangled in red tape.
