Community Voices: Jess Sylvia

One of the worst things about criminalization is that for those of us who are trying to do right, a record can keep us from building pro-social relationships, finding employment, or even housing. Formerly incarcerated people experience homelessness at ten times the rate of others. The unemployment rate for the formerly incarcerated is higher than the US unemployment rate during the Great Depression. So a life-long legal financial debt can inspire hopelessness.

I had begun my sentence with a $1,500 debt that had somehow become five figures by the time I was released. Even though I was making monthly payments, the debt was actually growing instead of decreasing, due to compound interest. I thought that I would be in legal debt for the rest of my life.

When I learned about Living with Conviction, I knew I had a chance to get the interest removed from my legal financial debt. I worked with Mike, who helped me prepare and file a petition. I talked to the County Clerk, who told me the court usually grants these types of petitions now without even holding a hearing, due to changes in the law. It wasn't long before the Clerk notified me that my petition was granted! Not only was the interest waived, but the nearly 20-year-old debt, now over five figures, was waived! I didn't think I would ever be out of legal debt, but today I am. I actually have a chance to move on with my life. I think I might even be able to finish my undergraduate degree! ~JS

Living with Conviction to Offer Resources to Vacate Drug Possession Convictions in WA State

FOR IMMEDIATE RELEASE: Thursday, June 8, 2023

Press Contact: Louie Tan Vital, lwc@pacificastrategies.com

  

Living with Conviction to Offer Resources to Vacate Drug Possession Convictions in WA State

“Despite the legislature voting on a Blake fix and passing a new drug possession law, our state still has not adequately addressed how to streamline vacating convictions and rectify the harm done to people with Blake cases.”

Washington State - The statewide legal empowerment organization Living with Conviction (LwC) is ramping up their Blake campaign, a movement empowering people with drug possession convictions in Washington State to know and claim their constitutional rights to clear these convictions from their records, and get refunds on paid legal financial obligations (LFOs).

For decades the criminal legal system has disproportionately targeted and violated the rights of low-income, and Black, Indigenous, and people of color through drug possession convictions. In the 2021 State v. Blake decision, the Washington State Supreme Court declared the state’s drug possession law as unconstitutional, and those with drug possession convictions could vacate them from their criminal record and possibly receive a refund on their related LFOs. Still, accessing that constitutional relief in Washington’s non-unified court system remains a major challenge for people across the state.

After the 2021 Blake decision holding the drug law unconstitutional, Washington legislators implemented a temporary measure classifying drug possession as a misdemeanor. After a special session last month, Washington lawmakers voted on a ‘Blake fix’ raising the penalty for drug possession in Washington state to a gross misdemeanor, effective July 1, 2023.


“Despite the legislature voting on a Blake fix and passing a new drug possession law, our state still has not adequately addressed how to streamline vacating convictions and rectify the harm done to people with Blake cases,” said Deborah Espinosa, Executive Director, Living with Conviction (LwC). “There are still hundreds of thousands of people in Washington State with drug possession convictions on their records, negatively impacting their ability to realize their full potential. We want to help individuals impacted by Blake to take back their power – to know and realize their constitutional rights to relief.”

Washington’s 39 counties have different approaches to implementing the Blake decision resulting in disparate justice by geography. The criminal legal system in Washington State is complex and inconsistent making it difficult for people with drug possession convictions to navigate the system and access justice.

“We are building a state-wide, unified campaign to shine a light on Blake rights and to ensure that impacted individuals who are low-income, and Black, Indigenous, and people of color have access to all legal pathways to secure justice,” continued Espinosa.

Supplementing traditional legal aid, LwC employs a legal empowerment model led by trusted, formerly incarcerated peers, with support from attorneys, to foster a safe, stigma-free space for people with drug possession convictions to get their questions answered, get the help they need, and realize justice on their own terms.

“Not all counties make the process of getting one’s Blake cases vacated a simple one. The process is complex and confusing in the majority of counties. We help people to navigate the process so that they can receive the relief they are entitled to under the law,” said Kyrrah Nork, IT Director and Legal Empowerment Navigator, Living with Conviction.

LwC is one of several organizations funded by the Washington State Office of Civil Legal Aid to educate and correct this unconstitutional wrong. People can learn more about Blake and vacating drug possession convictions from their criminal record by visiting our website, calling us at (206) 307-3028, or emailing us at info@LivingwithConviction.org.

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Living With Conviction works to secure economic and racial justice with and for marginalized communities, especially formerly incarcerated individuals, through community-driven research, storytelling, and legal empowerment strategies