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Plea Withdrawal in Exchange for lesser serious crime

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Junior Member
What is the name of your state (only U.S. law)? CA

So I actually live in Oregon but this charge and conviction was in California... In March of 2014 I was charged with Misdemeanor Fraud being accused of attempting to defraud my insurance company. The details of how this transpired are juicy but unimportant as to what my question is.. I plead guilty to the Misdemeanor Fraud charge as part of a plea deal, I was not willing to go to trial because I was told the prosecutor had strong evidence to support the allegations that I had indeed attempted to defraud my insurance company(for a $500 tow reimbursement claim!), and I was not willing to put my family at risk by receiving a felony conviction as well as jeopardize my career goals.... Mind you, I've had a spotless record, meritorious military career, 3.8 GPA college student, working two jobs while attending school full-time, and had/still is chasing a career in law enforcement. The plea bargain was that I accept a guilty plea for the misdemeanor fraud charge, as the DA was not willing to drop the charge with a Civil disposition, and in exchange in 3 months I am guaranteed the ability to withdraw my guilty plea for the Fraud charge and accept a conviction for a less severe/non-moral turpitude misdemeanor trespass charge. What I want to know is, when I withdraw the guilty plea and take the other charge, what happens to the fraud conviction on my criminal record? As I stated before, I am pursuing a career in law enforcement(if possible), the prosecutor and my defense attorney knew that hence allowing me to withdraw my plea considering my lack of criminal history. Pretty much every police/sheriff's department won't accept applicants with moral turpitude convictions... So If I withdraw my guilty fraud charge plea, will it be visible on a police background investigation? Or could I legally state that I was not convicted of that charge? Thank you all for your help in this matter.


Queen Bee
In three months you will be able to withdraw your guilty plea? Based upon what law that allows that?

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