And then when the charges expire after 18 months of inaction by the prosecutor, the records are completely expunged.
Exactly, it's drug diversion like he should have received two years ago but he was still arrested.
actually here is a "prosecutor is a real looser" in this case fact:
Generally it is not expunged automatically. The charges are dropped, but the fact it is dropped remains on the record.
It seems the expungment was accepted by the prosecutor as part of the deal. For a prosecutor to consent to that part of the deal is a HUGE confession of the weakness of his case.
Also, in these pre-trial release treatment programs the result of a breach of the deal is a the actual trial NOT a violation of probation.
This deal screams the prosecutor had a weak case.