RECIPIENT OF FINAL EXPUNCTION ORDER IN MCNAIRY COUNTY CIRCUIT COURT CASE NO. 3279 v. DAVID B. RAUSCH, DIRECTOR OF THE TENNESSEE BUREAU OF INVESTIGATION, AND TENNESSEE BUREAU OF INVESTIGATION - Articles

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RECIPIENT OF FINAL EXPUNCTION ORDER IN MCNAIRY COUNTY CIRCUIT COURT CASE NO. 3279 v. DAVID B. RAUSCH, DIRECTOR OF THE TENNESSEE BUREAU OF INVESTIGATION, AND TENNESSEE BUREAU OF INVESTIGATION

Posted by: Tanja Trezise on May 27, 2022

Court: TN Supreme Court

Attorneys 1: Daniel A. Horwitz and Lindsay B. Smith, Nashville, Tennessee, for the appellant, Recipient of Final Expunction Order in McNairy County Circuit Court Case No. 3279.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Andrée Sophia Blumstein, Solicitor General; and Robert W. Mitchell, Miranda H. Jones, and Mallory K. Schiller, Assistant Attorneys General, Law Enforcement and Special Prosecutions Division, for the appellees, David B. Rausch, Director of the Tennessee Bureau of Investigation, and the Tennessee Bureau of Investigation.

Judge(s): LEE

In this interlocutory appeal, we address whether the Tennessee Bureau of Investigation (“the TBI”) may refuse to comply with a final expungement order issued by a trial court. We conclude that the TBI lacks authority to refuse to comply with a final expungement order. Thus, we reverse the trial court’s judgment, grant the Plaintiff’s motion for partial judgment on the pleadings, and remand this matter to the trial court for any further proceedings consistent with this opinion.

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