United States Sentencing Guideline sec. A diversionary disposition resulting from a finding or admission of guilt, or a plea of nolo contendere, in a judicial proceeding is counted as a sentence under sec. It was not due to deferred prosecution. Such diversionary dispositions, except those arising out of juve- nile court, are treated as sentences for the purpose of determining criminal histories under the guidelines. This position is reinforced by the commentaries which accom- pany the guidelines.
Sentences resulting from such convictions are to be counted.
However, expunged convictions are not counted. Stowe's conviction was not set aside because of his in- nocence. His conviction was set aside under Illinois law for purposes of removing the stigma associated with a criminal conviction and to restore his civil rights. As the comment makes clear, such convictions are not the same as expunged convictions and should be counted. The district court did not err in counting Stowe's diver- sionary disposition in calculating his criminal history.