WA courts are mandated to vacate many drug-possession cases. Why is it taking so long?

Following the Washington Supreme Court's 2021 decision that invalidated the state's simple drug possession law, the process of vacating past convictions has proven to be slow and complex. As of January 2025, only 18% of the approximately 626,188 eligible cases have been vacated, with significant variations in how different courts are handling the process. Some courts have taken proactive measures to identify eligible cases, while others place the burden on individuals to navigate the legal system. The absence of a mandated timeline for vacating cases has exacerbated delays, leaving many individuals in limbo. Local outreach efforts, such as those by organizations like Living with Conviction, aim to inform affected individuals about their rights and options, but awareness remains limited.

The article highlights the challenges faced by local courts, including staffing issues and outdated record-keeping systems. The need for greater collaboration between prosecutors and defense attorneys is evident, as many counties struggle with the volume of cases. Ultimately, the article underscores the importance of continued advocacy and systemic change to ensure justice for those with past drug possession convictions.