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In Texas:

You are eligible for expunction only if you were charged, but not prosecuted, or if you were found not guilty: either at the court of first instance or on appeal. In some cases, Class C misdemeanors (generally traffic tickets) are also eligible for expunction. If you received a pardon from the Governor you are also eligible. An Order of Nondisclosure, on the other hand, can be obtained by those who have undergone a deferred adjudication and who have committed an offense where the law allows deferred adjudication. In addition, they have not received any further conviction beyond a Class C misdemeanor

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