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.
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.
