Judicial or felony diversion is still considered a plea of guilty.

Prosecutors like downplay diversion offers as if someone accused of a crime isn’t admitting to the crime if they take diversion. That is not necessarily true.

There are three different types of diversion: two are in misdemeanor court and one is in felony court. Technically there are four, but the fourth is rarely if ever offered or used. Diversion on misdemeanors through the prosecutor office beats the court off at the pass, so yes, technically it will say diverted on your record and is not a plea of guilty. However, you will still have to comply with any conditions and pay fines. If there is a complete absence of evidence, which is very rare, sometimes they can defer prosecution on misdemeanor cases as well, which is a similar idea.

However, judicial diversion in misdemeanor court or felony diversion are guilty pleas! You are admitting that you committed the crime the cops are accusing you of. In fact, felony diversion operates similar to felony probation, and can land you in jail if you do not comply with the conditions of your supervision with Probation & Parole while you are on diversion.

So, have a lawyer take a look at your case before just assuming you are off the hook if the prosecutor makes an offer like diversion.