Grindling v. Attorney General, State of Hawaii ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000472
17-MAY-2012
02:42 PM
NO. SCPW-12-0000472
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CHRIS GRINDLING, Petitioner,
vs.
ATTORNEY GENERAL, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Chris Grindling's
petition for a writ of mandamus, it appears that HRS § 831-3.2(a)
does not permit expungement of petitioner's records of arrest
for: (1) HRS § 804-7.2 and HRS § 706-626, which are not crimes;
(2) HRS § 291C-85 and HRS § 291C-166, which are violations for
which petitioner was found guilty; and (3) HRS § 708-826 for
which "no disposition could be found." It further appears that
HRS § 831-3.2(a)(2) does not permit expungement of petitioner's
record of arrest for HRS § 329C-2 until after August 30, 2012.
It finally appears that petitioner provides no proof of a written
application to the Attorney General for expungement of the record
of arrest for HRS § 710-1077. Therefore, petitioner is not
entitled to mandamus relief. See HRS § 831-3.2(a); Kema v.
Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (A writ of
mandamus is an extraordinary remedy that will not issue unless
the petitioner demonstrates a clear and indisputable right to
relief and a lack of alternative means to redress adequately the
alleged wrong or obtain the requested action.); In re
Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai#i 363, 368,
984 P.2d 688, 693 (1999) (Mandamus relief is available to compel
an official to perform a duty allegedly owed to an individual
only if the individual’s claim is clear and certain, the
official’s duty is ministerial and so plainly prescribed as to be
free from doubt, and no other remedy is available.).
Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, May 17, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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