Mullen v. STATE, DIV. OF MOTOR VEHICLES

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 SO, 2003, by the Circuit Court of Ohio County. The two orders, entered pursuant to W.Va.Code, 61-11-25 [2000]:(1) expunged all criminal records relating to an arrest of the appellee for driving…