Withdrawing a plea is when one motions the court to withdraw a plea agreement made with that court on an former case.  Most of the time, when a plea is withdrawn, it is exchanged for another lessor plea as part of a negotiation with the district Attorney’s office and Judge.

The motion to withdraw plea may be made in the trial before judgment or within a certain period of time after judgment.  Withdrawal of plea is a discretionary form of relief, and is a tool used in cases of mistake, inadvertance, excusable neglect, or constitutional defects are present.

There are several options for post conviction relief beyond withdrawing a plea.  There is the option of making a motion to vacate judgment.  There is also an expungement of the conviction.  Depending on what your needs are in this form of conviction relief you seek.