Violations aren't "crimes" so defendants convicted to amended violations can get their arrest records expunged
Barker v. Young (HSC March 6, 2023) Background. Phillip Barker was arrested under suspicion of harassment, a petty misdemeanor. He ultimately pleaded no contest to the amended charge of disorderly conduct, a violation. Approximately two years after the arrest, he applied to the Hawai'i Criminal Justice Data Center (HCJDC) to have his arrest records expunged. The application was denied. Barker filed a civil complaint against the HCJDC asking the circuit court to order the HCJDC to accept his application because he was eligible for an expungement. Both Barker and the HCJDC filed motions for summary judgment. The circuit court—with the Hon. Bert I. Ayabe presiding—ruled for the HCJDC and granted its motion for summary judgment. Barker appealed. The ICA in a published opinion written by the Hon. Judge Karen T. Nakasone affirmed. The circuit court and the ICA relied on legislative history and concluded that the expungement statute did not cover violations because a viol...