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State Blake Refund Bureau outlines process, outreach in Aberdeen; estimates 350,000 statewide may be eligible

2967484 · April 10, 2025
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Summary

State court staff described a three-step process to vacate qualifying drug-possession convictions and return court payments. Presenters described local outreach in Aberdeen, legal partnerships, an administrative vacate unit to clear records without individual appearances and cautioned the program is funded year-to-year by the legislature.

Sharon Foggo, the Blake implementation manager at the Administrative Office of the Courts, told the Aberdeen City Council on April 9 that the Blake Refund Bureau is helping people whose simple unlawful-possession convictions were vacated after the Washington State Supreme Court’s Blake decision to recover money they paid to courts and third-party providers.

The refund process is three steps: first a case must be vacated (removed from the record); second, the person applies for a refund through the bureau’s portal or by paper application; third, staff verify any third-party reimbursements such as electronic monitoring fees, treatment costs or bail that could also be returned. “Because all these people are entitled to it, we are moving forward with the courts basically; it’s called motion of the court when the court says I am vacating this case on behalf of justice,” Simon of the Blake Administrative Vacate Unit said during the presentation.

Nut graf: The program aims to both clear criminal records and return money that people long paid into court systems — steps council members and presenters said can affect housing, employment and other long-term outcomes. Presenters said the work is statewide in scope, relies on local court participation and on outreach to connect people to legal services and the refund application process.

Presenters said outreach in Aberdeen has been active. Foggo and outreach staff described repeated pop-up events in partnership with a local nonprofit identified in the record as the More Wright group; the Grays Harbor District Court is listed as planning to opt in to the administrative vacate unit. Presenters named several legal aid partners that help with vacate and resentencing work, including organizations mentioned in the meeting transcript as “living with conviction,” “civil bridal” and “the way to justice.” The presenters said they also connect callers to attorneys and community partners when cases involve unusual circumstances.

State outreach staff estimated roughly 350,000 people statewide could be impacted by the Blake ruling (cases dating from 1971 through February 2021). They gave an example that Edmonds Municipal Court used the administrative vacate unit to clear about 840 cases and said courts that work independently often lack capacity to do the same volume of work. The bureau’s staff said the average refund amount returned since the program began is about $1,000.

Presenters cautioned the program is funded year to year by the state legislature. Tammy Bayard of the Blake Administrative Vacate Unit said if legislative funding ran out, jurisdictions could face repayment obligations and local courts would find it difficult to absorb the administrative and reimbursement workload. Foggo said the state currently pays municipalities and counties for the exceptional expenses associated with processing vacates and refunds, and the bureau is urging municipal courts to join the administrative vacate unit to reduce local burdens.

Council members and other meeting participants asked for local case counts. The transcript includes an exchange that identifies 2,812 cases associated with Aberdeen Municipal Court; the speaker identifying that figure was not clearly labeled in the available transcript. Presenters said they will run local reports and follow up with council staff to provide more precise counts.

The presenters encouraged anyone who believes they may qualify to apply online via the bureau portal or to contact the bureau for a paper application or outreach assistance. They left printed materials with city staff and provided contact information for follow-up.

Ending: Council members thanked the presenters; no formal action or vote was taken on the presentation itself. Staff said they will follow up with city officials on local case counts and next steps for Grays Harbor court participation.