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MULLEN v. STATE, DIV. OF MOTOR VEHICLES

No. 31740.

613 S.E.2d 98 (2005)

216 W.Va. 731

Jeffrey M. MULLEN, Petitioner Below, Appellee, v. STATE of West Virginia, DIVISION OF MOTOR VEHICLES, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 17, 2005.

Attorney(s) appearing for the Case

Edward M. Hall, Morgantown, for Appellee.

Darrell V. McGraw, Jr., Attorney General, Janet E. James, Assistant Attorney General, Charleston, for Appellant.

STARCHER, Justice:

In the instant case we reverse in part a circuit court's order that expunged DMV administrative records of a driver's license suspension.

I.

Facts & Background

In this case, the appellant is the Commissioner of the West Virginia Division of Motor Vehicles ("DMV"). The appellee is Jeffrey M. Mullen.

The DMV challenges portions of two orders that were entered on September 8 and September 30, 2003, by...

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