; (D) the conviction has been dismissed, expunged, vacated, or set aside, or for which the person has been pardoned or has had civil rights restored; (E) the conviction is invalid; or (F) the person is otherwise not subject to an increased sentence as a matter of law. (3) An information may not be filed under this section— (A) if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed