If you’re currently on probation, then you will not be able to apply for an expungement; you will first have to petition for early termination or successfully complete the term of your probation. As far as your criminal history is concerned, a judge’s discretion could come into play. If you are petitioning for a dismissal with certain crimes, there is no automatic granting of the expungement petition as a matter of the law. So, if you received a prior DUI conviction (even if it was five or 10 years ago), that would indicate repeat behavior and the judge may take that into consideration. It is very important to have a criminal defense attorney who knows what is persuasive and who knows how to complete a packet that will put your best foot forward.