You don't get into diversion without admitting guilt. For felonies, the program is directed by statute and only applies to Class D, non-violent, first time offenders. The Commonwealth’s Attorney must agree to send the charge to Diversion. Once that occurs the defendant is required to plead guilty to the offense. The matter is then sent to the Probation Department for a Pre-Sentence Investigation. If that report comes back confirming that the defendant is eligible the judge will approve entry into