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The School of Divination for a wizard has the feature Expert Divination at level 6 (PHB, p. 116):

Expert Divination

When you cast a divination spell of 2nd level or higher using a spell slot, you regain one expended spell slot. The slot you regain must be of a level lower than the spell you cast [...]

The wording of the feature is confusing to me.

If a 6th-level wizard used a 3rd-level spell slot to upcast Mind Spike (a 2nd-level spell), does the Expert Divination feature count it as a 2nd-level spell (the original level of the spell) or a 3rd-level spell (since it was cast with a 3rd-level spell slot)?

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The spell counts as the level at which you cast it

The rules on spellcasting (PHB, 201) cover that:

When a spellcaster casts a spell using a slot that is of a higher level for that casting, the spell assumes the higher level for that casting. (PHB. p 201)

If you upcast a 2nd divination spell to 3rd, you'll count it as a 3rd level spell and can regain a 1st or 2nd level spell slot.

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