Whatcom County is vacating some past drug convictions; here’s how it works
Whatcom County District Court has mailed letters and brochures to individuals with past drug convictions that qualify to be automatically removed from their record. Anyone who receives this mail can request to speak to a judge in person or via Zoom before their conviction is vacated, but no action is required.
Why are charges being vacated?
The Washington State Supreme Court issued a ruling in 2021 declaring the state’s simple drug possession law was unconstitutional. This specifically applies to charges related to possession of a controlled substance or marijuana without the intent to deliver or manufacture.
Since the State v. Blake decision, about 334,000 felony and misdemeanor convictions have been invalidated, according to the nonprofit Living with Conviction. Anyone with these convictions is entitled to have them vacated, or cleared from their record. They will no longer appear on state and federal background checks.
Individuals may also be able to get a refund of related costs after the vacate order is signed.
How does the process work?
The removal of convictions is automatic and can be done with or without a person’s involvement. The process is done in such a way as “a matter of fairness and increasing access to justice,” the letters from Whatcom County District Court state.
Anyone who wishes to speak to a judge before their case is vacated — which is not required — must contact the court prior to the hearing date listed in the letter. The court can be reached by phone at 360-778-5400 or by email at districtcourtservices@co.whatcom.wa.us.
The process for vacating charges varies by county. The mailed letters are only applicable for convictions in Whatcom County courts.
Possible case but no letter
If you believe you have a simple drug possession conviction that’s eligible to be vacated but you didn’t receive a letter, you can start the process yourself. In Whatcom County, the Washington Office of Public Defense suggests contacting Keating and Lyden, LLC. The Bellingham-based law firm takes on Blake cases for free. Email blake.vacate@keatingandlyden.com or call 360-362-0530 for more information.