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.
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.
Yes the DUI will still count.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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