Does a 5 yr-old misdemeanor DUI expunged 2 years ago qualify as "prior criminal record" on a new prescription pill possession?

Asked over 1 year ago - Culver City, CA

If the DA or court is planning on determining eligibility for a drug diversion program, am I considered ineligible due to prior criminal history? I'm otherwise a studious college student without even a speeding ticket since my DUI at age 22.

Attorney answers (3)

  1. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . The DUI does count as prior criminal record, but may not prevent you from being eligible for diversion. The fact that it has been expunged will not hide it from the government. I do suggest consulting with a local criminal defense attorney. Good luck.

    Jasen Nielsen

  2. Gayle Anne-Marie Gutekunst

    Contributor Level 17

    3

    Lawyers agree

    Answered . I agree with Mr. Nielsen. The kinds of priors which tend to make a person ineligible for diversion programs are those involving violence. This is not a hard and fast rule - it depends upon the program and the county's policies, etc.

    In fact, the prior DUI could be argued to convince a court to put you into a diversion program. You have a record of mismanaging otherwise legal substances: this is something which should be addressed while you are still young.

  3. Robert Laurens Driessen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes the DUI will still count.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more

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DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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