Weakley Co. Circuit Court Clerk resigns after improper expungements

WEAKLEY COUNTY, Tenn. – An investigation by the Tennessee Comptroller’s Office has found that the Weakley County Circuit Court Clerk improperly processed expungements for an individual who did not meet the eligibility requirements under Tennessee law.

According to the Comptroller’s Office, the investigation was initiated after officials from the 24th Judicial District raised concerns about some expungements issued by the Circuit Court Clerk.

Court Clerk Courtney McMinn submitted a letter of resignation following the Comptroller’s Investigative findings that showed she issued expungements to individuals that did not meet the criteria for expungement.

In her resignation letter, McMinn does not mention or acknowledge the investigation or its results. She says she is going to pursue a position in a different career field and states the reasoning for her resignation is to spend time with her family.

“After much reflection, I have decided to resign from my office of Weakley County Circuit Court Clerk. This role has been an honor, but it also demands a significant time commitment, and I’ve recognized the need to prioritize my family during this season of life. I have chosen to seek new career opportunities that offer a better balance for us currently,” writes McMinn in her resignation letter. “I am blessed to have had this chance to serve the citizens of Weakley County, and I am very grateful for the experiences and opportunities that I have had during my time as the Circuit Court Clerk. I remain deeply grateful for the trust placed in me and will support a smooth transition during my remaining time here.”

According to the comptroller’s report, “Investigators found that the clerk signed the name of an individual, who had criminal convictions in four separate counties, on multiple expungement petitions, even though the person did not meet the eligibility requirements under Tennessee law. The clerk later emailed other county clerks and shared misleading information with one of them about the individual’s eligibility, prompting that clerk to move forward with the expungements.”

The report states that those expungements were signed by judges in two separate counties because the clerk did not make the judges aware that the individual had charges in another county. The expungement orders were submitted to the Tennessee Bureau of Investigation (TBI) after being signed by the judges.

According to the report, the investigation investigated records from June 9, 2023 through October 16, 2023.

“In June or July 2023, the clerk prepared four petitions for an individual who was convicted of crimes in Weakley, Obion, Henry, and Carroll Counties. Court records also revealed that the individual committed the offenses of forgery over the period of approximately 45 days in the above counties. The clerk admitted to investigators that she signed the individual’s name on each of the petitions. Investigators confirmed with officials from the DA’s Office for the 27th Judicial District that the clerk was told that the individual did not qualify for expungement due to the multi-county convictions,” according to the Comptroller’s report.

The investigative report states that concerns were raised by a clerk from another county after McMinn inquired about the fees for expungement. “On July 20, 2023, the clerk emailed the petitions to the Obion, Henry, and Carroll County Circuit Court clerks (court clerks) and inquired about the clerks’ fees to process the conviction expungements. One of the court clerks questioned the eligibility of the individual due to the convictions in multiple counties. After the court clerk’s inquiry, the clerk subsequently contacted a supervisor with TBI via email and asked about the individual’s eligibility.”

The TBI, according to the report, informed the Weakley County Circuit Court Clerk that it must be determined if the offenses constitute a “single continuous criminal episode”. If that applies, then the TBI informed the clerk that the individual can receive an expungement for only two offenses.

According to the investigative report, the Weakley County Circuit Court clerk told the clerk that questioned the eligibility that the TBI had informed her it was considered a “single continuous criminal episode” and made him eligible. The report, according to the Comptroller, was signed by the clerk and forwarded to the District Attorney due to the misleading information provided by Weakley County.

“After the judge signed the order, it was sent to the TBI, and the expungement was completed. Investigators confirmed that in Weakley County, the order was signed by the judge on June 9, 2023, and was completed by the TBI on June 13, 2023. Investigators discovered that the petition was not served on the DA in accordance with Tenn. Code Ann. § 40-32-101(g)(3), and the order was not signed by the DA or ADA. In her email, the clerk also told the court clerk that if the judges agree that the offenses were a single criminal episode, the individual should be eligible. Investigators confirmed with the respective judges that they were not aware that the individual had convictions in multiple counties.

Investigators confirmed that the Obion County expungement was signed by the ADA and the judge; however, it was never sent to the TBI. After the improper expungements were discovered, an Agreed Order was filed on October 6, 2023, in Henry County to stop the expungement from being processed. In September and October 2023, motions to set aside petitions to expunge were filed in the two counties where the improper expungements were completed, and investigators confirmed these expungements were reversed.

The petition states that the “petitioner has no other conviction in this or any other jurisdiction other than the one(s) to be expunged.” The petition also states, “petitioner further understands that statements made in the petition…are made under penalty of perjury in connection with an official proceeding.” When the clerk signed the individual’s name on the petitions, she affirmed that the individual had no other convictions. However, investigators determined that the clerk was aware that the individual had convictions in multiple counties when she prepared and signed the petitions.”

“This case underscores the importance of following the law when processing court records,” said Comptroller Mumpower. “Clerks must act with honesty and transparency, especially when handling legal documents that carry serious consequences.”

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