OK, maybe I was wrong. Depending on your charge, you may be eligible and DPS may have made a mistake. Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for: (1) a felony offense under: (A) Title 5, Penal Code; (B) Chapter 29, Penal Code; (C) Section 25.07 or 25.072, Penal Code; or (D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or (2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1). Added by Acts 2005, 79th Leg., Ch. 1084 (H.B. 1831), Sec. 2, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.01, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1, 2013. So if your charge does not fall under those sections you are eligible. If that's the case, DPS has made a mistake and you should appeal with a copy of your disposition and citing this section.