Only reason police would let you off is because they have no idea about the law. Hence why most people with aftermarket HID's get away with it - including me *knock on wood*
Fact is the headlight is not designed to focus a xenon bulb, it is a reflector designed to focus a halogen bulb. So washers or not, doesn't change a thing, the light still scatters.
The only way to make it PROPERLY legal is to fit xenon designed projectors (not projectors for halogen bulbs) and then see an optics engineer (or similar) to get the head lights tested. They will check the alignment, cut off pattern, installation and any other safety factors (including auto levelling and washers) and approve them. Every state would be different, might be a certificate, maybe a mod plate, I don't know, i'm not that type of engineer.
At the end of the day a hell of a lot of work (and money for the approval) for something that 99% of people (not just police) would know about. So just run the HID's as they are and just hope you don't get done.