Ex Parte Current

OPINION

THOMAS, Chief Justice.

Carl Current, Jr., proceeding in forma pauperis, moved to expunge the records of his conviction for burglary of a building. See TexUode Crim.PROCAnn. art. 55.01 (Vernon Supp.1994). Although Current claims that the court erred in dismissing his motion, the record reflects that the court actually denied the motion. He argues that the court abused its discretion by ruling on the motion without holding an evidentiary hearing and that the State failed to carry a burden of demonstrating that he was not entitled to an expunetion. We will reverse.

The facts are not in…