OPINION
BUTTS, Justice.
This is an appeal from an order denying the expunction of appellant's criminal record. TEX.CODE CRIM.PROC.ANN. art. 55.01 (Vernon Supp.1986).
On May 19, 1982, appellant was charged with and indicted for third degree felony theft. TEX.PENAL CODE ANN. § 31.03(d)(4) (Vernon 1974).
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