Recipient of Final Expunction Order v. Rausch
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In this interlocutory appeal, the Supreme Court held that the Tennessee Bureau of Investigation (TBI) lacked the authority to refuse to comply with a final expungement order issued by the trial court.
After Plaintiff had successfully completed probation he petitioned for expungement of his records and paid the expungement fee. The trial judge entered an expunction order. After the order became final, Plaintiff learned that the TBI had continued to report the existence of one of the expunged charged offenses. Plaintiff sued the TBI seeking declaratory and injunctive relief. The trial court declined to grant either party's motion for partial judgment on the pleadings. The Supreme Court reversed and granted Plaintiff's motion for partial judgment on the pleadings, holding that Plaintiff's expunction order was res judicata and binding on the TBI.
Court Description:
Authoring Judge: Justice Sharon G. Lee
Trial Court Judge: Chancellor Ellen Hobbs Lyle
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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