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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-DEC-2024
08:00 AM
Dkt. 49 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
STATE OF HAWAIʻI, Plaintiff-Appellee, v.
CORY KAI SARMIENTO, Defendant-Appellant.
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CR. NO. 5PC1310000442)
SUMMARY DISPOSITION ORDER
(By: Wadsworth, Presiding Judge, Nakasone and McCullen, JJ.)
Defendant-Appellant Cory Kai Sarmiento appeals from
the Circuit Court of the Fifth Circuit's August 23, 2021 "Order
Denying Without Prejudice Defendant Sarmiento's Motion for
Return of Fines, Fees, and Restitution, and for the Expungement
of the Arrest and Charge and Record in this Case" (Order Denying
Fines and Expungement). 1
As a brief background, this court vacated Sarmiento's
conviction of various offenses in the underlying case. On
1 The Honorable Randal G.B. Valenciano presided.
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remand, Plaintiff-Appellee State of Hawai‘i moved to dismiss the
case with prejudice, and the circuit court granted the motion.
Providing no statutory authority, Sarmiento then moved
for the expungement of "all portions of this instant case from
his record" and the return of any fines, fees, and restitution
paid pursuant to the vacated judgment of conviction and
sentence. The State opposed the request for expungement.
The circuit court denied without prejudice Sarmiento's
request (1) "for expungement of his arrest record" explaining
that the Attorney General was the proper entity from which to
request expungement and (2) for reimbursement of fines, fees,
and restitution where there was no evidence of the amounts paid:
1. Defendant Sarmiento's request for expungement of
his arrest record is denied without prejudice. Pursuant to
[Hawai‘i Revised Statutes (HRS)] section 831-3.2, the proper
entity to process an expungement of arrest record request
is the State of Hawaiʻi Department of the Attorney General.
2. Defendant Sarmiento's request for reimbursement
of fines, fees, and restitution paid in this case is denied
without prejudice. There is no record of any amounts paid
to the Fifth Circuit Court in this case; but there may be
amounts paid by Defendant Sarmiento to the State of Hawaiʻi
Department of Public Safety. Mr. Sarmiento may inquire
with the Department of Public Safety as to amounts
previously paid for this case.
(Emphases omitted.) Sarmiento timely appealed.
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the issues raised and the arguments advanced, we resolve the
points of error as discussed below, and affirm.
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(1) Sarmiento first argues the circuit court "erred
by refusing to order an expungement[.]" (Emphasis omitted.)
HRS § 831-3.2 (Supp. 2019) provides in pertinent part
as follows:
§831-3.2 Expungement orders. (a) The attorney
general, or the attorney general's duly authorized
representative within the department of the attorney
general, upon written application from a person
arrested for, or charged with but not convicted of a
crime, or found eligible for redress under chapter
661B, shall issue an expungement order annulling,
canceling, and rescinding the record of arrest[.]
(Emphasis added.) Statutory interpretation is reviewed de novo.
Barker v. Young, 153 Hawaiʻi 144, 148, 528 P.3d 217, 221 (2023).
HRS § 831-3.2 confers the attorney general with the
power to expunge arrest records. And nothing in HRS § 831-3.2
gives the circuit court the authority to expunge Sarmiento's
arrest record. In sum, the circuit court did not err in denying
Sarmiento's request to expunge his arrest record.
Sarmiento then argues the circuit court should have
used its inherent powers pursuant to HRS § 603-21.9(6) (2016) to
grant his request. Sarmiento asserts that "the issue involved
expungement of [his] arrest record relating to charges against
him which were dismissed" and the circuit court "could have
therefore ordered this record expunged[.]"
HRS § 603-21.9(6) vests the circuit court with the
power:
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To make and award such judgments, decrees, orders, and
mandates, issue such executions and other processes, and do
such other acts and take such other steps as may be
necessary to carry into full effect the powers which are or
shall be given to them by law or for the promotion of
justice in matters pending before them.
(Emphasis added.)
Assuming, without deciding, the circuit court has the
power to expunge Sarmiento's record, the circuit court did not
abuse its discretion under the circumstances in this case, where
Sarmiento did not follow the statutory process set forth in HRS
§ 831-3.2(a) and, thus, did not demonstrate that judicial action
was "necessary" under HRS § 603-21.9(6). See generally State v.
Cooley, 123 Hawai‘i 293, 295, 233 P.3d 713, 715 (App. 2010)
(noting the appellate courts "review a trial court's exercise of
its inherent powers for abuse of discretion").
(2) Sarmiento also contends the circuit court erred
in denying his request for reimbursement of fines, fees, and
restitution paid.
The circuit court's order noted that there was no
record of amounts paid to the circuit court. With no record of
amounts paid to the circuit court, there was no amount for the
circuit court to order as reimbursement. As to any amounts
Sarmiento may have paid to the Department of Public Safety, the
circuit court denied Sarmiento's request without prejudice to
Sarmiento inquiring with the Department of Public Safety as to
the amounts he paid.
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Because there was no evidence that Sarmiento paid any
fines, fees, or restitution, we cannot say that the circuit
court abused its discretion in denying Sarmiento's request for
an order of reimbursement without prejudice.
Based on the foregoing, we affirm the circuit court's
August 23, 2021 Order Denying Fines and Expungement.
DATED: Honolulu, Hawai‘i, December 16, 2024.
On the briefs: /s/ Clyde J. Wadsworth
Presiding Judge
Kai Lawrence,
for Defendant-Appellant. /s/ Karen T. Nakasone
Associate Judge
Tracy Murakami,
Deputy Prosecuting Attorney, /s/ Sonja M.P. McCullen
County of Kaua‘i, Associate Judge
for Plaintiff-Appellee.
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