It is going to require some pretty heavy lifting, as stated above, and there is no guaranty of success since a judge already found in favor of the petitioner. There are options, and we do handle these, but anyone promising a "quick fix" is pulling your leg. Please feel free to call.
You really do not have to hire a lawyer, but it would help. And the above advice is correct that if you had hired a lawyer at the beginning, you would not be dealing with this hassle now.
BUT...now that you are where you are, you are in fine shape.
It is good practice, and a general rule, that you should discuss expungement when you agree to take the diversion program, but it is not mandatory. You have the right to apply for an expungement (forms on the GBI website) without an...
Your best bet is to go to the local prosecuting authority, but, as has already been stated, due to the lapse in time this case is not going to catch the attention of many prosecutors. Another option would be to swear out a warrant privately at the magistrate court of your county, and that will force the prosecutors to look at the case. You need to make decisions quickly, however, becasue of the statute of limitation issues mentioned above.
You are going to have to verify acceptability with an Illinois attorney. The GA Domestic Violence Intervention Program is quite thorough, however, and I have successfully substituted it in several states.
You should be fine, but you certainly want your overriding DUI case to be reviewed by an expert. My partner Douglas Chanco at www.chancolaw.com has some excellent materials on his website and would be happy to speak with you. He is a former DUI prosecutor and very experiences DUI trial lawyer.
Both the answers above do a good job of setting out the basic parameters of what is going on. The State takes these cases very seriously and unfortunately the wishes of the alleged Victim are often washed over by the do-gooders down at the home office. While I deeply respect the work Victim Witness groups perform, I find myself often fighting their bureaucratic responses to personal situations. There is a strong argument for both the Defendant (for sure) and the Victim (a good idea) getting...
The above answer is 100% correct, but just remember that not all "background checks" are the same. An expungement simply removes your issue from the current public search. Background checks that include older versions of the GCIC (Criminal Record) or have non-public access to the GCIC will still turn up your issue.
Expungements are like a band-aid over a scar. They will hide your issue from an easy or cursory search, but if you look harder it can still be found.
There are some "post-conviction" remedies available, but all of them are speculative in nature. They range from additional appeals through a pardon application. Any lawyer worth their salt is going to charge you an significant fee and need to do a thorough review of all the pleadings before being able to point you in the right direction. Sounds like there is some good mitigation in there, but those are tough cases. We handle some of those, just realize that it is a long road.
Too many variables we need to look at before we can accurately answer. My partner, Tom Kemp, is a former ADA in DeKalb and can probably give you a good idea about what is going on, as would most DeKalb specific defense attorneys. Feel free to contact us.