STATE EX REL. BARRICK v. STONE

No. 24473.

499 S.E.2d 298 (1997)

201 W.Va. 569

STATE of West Virginia ex rel., Sergeant T.A. BARRICK, West Virginia State Police, a government agency, Petitioners, v. Honorable Robert B. STONE, Judge of the Circuit Court of Monongalia County, and R.E.P., Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1997.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Dolores A. Martin, Assistant Attorney General, Charleston, for Petitioners.

Lonnie C. Simmons, DiTrapano & Jackson, Charleston, for Respondent, Honorable Robert B. Stone.

Rose Marie Esposito, WVU Student Legal Services, Morgantown, for Respondent R.E.P.


STARCHER, Justice:

In this case we hold that a circuit court erred in requiring the West Virginia State Police's Criminal Investigation Bureau ("CIB") to partially expunge criminal history record information regarding an individual.

I.

Facts & Background

The petitioners, the West Virginia State Police ("State Police") and Sergeant Barrick, head of the CIB, invoke the original jurisdiction of this Court by a writ of prohibition...

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