WA courts work to vacate hundreds of thousands of illegal drug convictions

In a transformative moment for many Washington residents, Lisa Giap learned in January 2024 that her 2015 drug conviction had been cleared, providing her a path to move forward. This change stems from the Washington Supreme Court's historic 2021 ruling that deemed the state's simple drug possession law unconstitutional, which opened the floodgates for the vacating of past convictions dating back to 1971. Despite the ruling's significance, only an estimated 18% of the 626,188 eligible cases have been vacated as of January 2025, largely due to the complexities of Washington's non-unified court system. The process involves multiple steps, including resentencing and filing for refunds, which can be cumbersome for individuals navigating the system. With a significant portion of cases still pending—63% in Superior and Municipal Courts and 89% in District Courts—the Office of Public Defense anticipates that it may take until 2027 to address the backlog at the current pace.

The absence of a mandated timeline from the Supreme Court has contributed to the slow progress, as efforts to establish one were hindered by opposition from influential organizations. As the situation evolves, individuals like Giap are left to grapple with the remnants of their past, seeking justice in a system that has yet to fully adapt. Overall, the article highlights both the promise of reform and the challenges of implementation within Washington's legal landscape.