A diversion program is where the prosecution agrees to dismiss all charges in a criminal case when a defendant agrees to do certain things such as community service or a rehab program. The purpose of the diversion is to ensure that the ddoes not re-offend and gets help for the reason why they committed the crime in the first place. Unfortunately. under California state law diversion programs are generally not possible for certain crimes. such as rape, sex offenses and, believe it or not, drunk driving. Yes, driving under the influence is excluded as a crime that can be dismissed or erased off a person’s record. If you possess drugs you can get a diversion, but if you drink and drive it is not legally available. There are ways to get a DUI removed however, and a lawyer can help explain what and how this is possible.