In Colorado diversion and deferred prosecution are also different. I believe based on the information you provided that you can honestly answer that you have not had a deferred prosecution. If for some reason they find this other case, they may fire you for the what they feel is not an honest answer, however, you can certainly point out that you weren't sure how to answer, so you researched it and that looked correct. *(However, you will probably be an at will employee which means you can be fired at any time even without a reason, so their ability to fire you if they don't like your answer, really doesn't matter.)
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