- Available 24/7: (312) 560-7100 Tap Here to Call Us
Found Not Guilty of DUI in Illinois? Here’s How to Clear Your Record
Being arrested for DUI in Chicago is stressful, embarrassing, and potentially life-changing. But being found not guilty at trial—or having your charges dismissed—is a major legal win. The problem? That arrest doesn’t disappear on its own. Many people assume that because the case ended in their favor, their record is clean. That’s not true in Illinois. Your record still shows the arrest, the charge, and the outcome unless you formally request an expungement through the courts.
Expungement can be the key to clearing your name once and for all. It protects your privacy, shields your history from background checks, and ensures that a false accusation doesn’t follow you around for years. If you’re wondering whether you’re eligible—and whether hiring a lawyer is necessary—the answers matter. And so does taking action before it’s too late.
What Expungement Really Means—and Why It’s Not Automatic
In Illinois, a finding of not guilty or a dismissal of your DUI charge doesn’t mean your record is wiped clean. Arrest records, fingerprints, court case filings, and electronic databases still reflect the event. That includes law enforcement agencies, the Illinois State Police, the Clerk of the Circuit Court, and background check companies.
Expungement is the legal process of erasing those records. It doesn’t just hide the charge—it legally eliminates it as if it never happened. But this doesn’t happen automatically. You must file a petition with the circuit court, follow specific procedures, and obtain a judge’s approval. And because DUI laws are especially strict in Illinois, not every case is eligible for expungement.
Who Qualifies to Expunge a DUI Arrest in Illinois?
If your DUI case in Illinois ended with a finding of not guilty, dismissal, or nolle prosequi (State dropped the charge), you likely qualify to have the record expunged. Illinois law, under 20 ILCS 2630/5.2, allows for expungement in these circumstances, provided:
- You were not convicted of the DUI
- You are not currently facing other criminal charges
- You have no disqualifying prior convictions on your record
- You did not receive supervision for a DUI (DUI supervision is not expungeable)
Expungement is not the same as sealing. Sealing hides the record from most public view but still allows law enforcement and certain employers to access it. Expungement goes further—it destroys the record. That’s why it’s the gold standard for clearing your name.
Why DUI Expungement Is Especially Valuable in Chicago
In a city like Chicago, where job competition is fierce and background checks are routine, even a dismissed DUI can harm your reputation. Employers, landlords, state licensing boards, and universities routinely scan criminal histories. When they see an arrest for DUI—even with a not guilty verdict—they may assume the worst.
Expungement ensures that your record doesn’t trigger red flags. Once the court grants your petition, background check companies must remove the data. The arrest, charge, and outcome are removed from the public record, and you can legally answer “No” when asked if you’ve been arrested.
How the Expungement Process Works
Expunging your DUI record in Illinois involves several steps. First, your attorney will review your case outcome and your overall record to ensure eligibility. Next, a petition for expungement must be filed in the same county where the arrest occurred. For most DUI arrests in Chicago, this means filing in Cook County Circuit Court.
The petition includes certified court records, arrest information, and notices to all relevant agencies—typically the arresting police department, the Illinois State Police, and the State’s Attorney’s Office. These agencies are given a chance to object. If no objection is filed—or if the court overrules it—the judge may grant your expungement.
The entire process can take several months, especially in Cook County where the docket is busy. But when it’s done, the results are life-changing.
Can You Expunge a DUI After Supervision or a Plea Deal?
This is where many people run into trouble. In Illinois, even if it’s your first DUI and you received court supervisioninstead of a conviction, you cannot expunge that record. DUI supervision is an exception to expungement law. The only way to have a DUI expunged is if the case was dismissed or you were found not guilty.
That’s why it’s critical to understand the long-term consequences of any plea deal. Some people accept supervision to avoid trial, not realizing it prevents future expungement. If your case hasn’t been resolved yet, it’s even more important to speak with a DUI attorney before agreeing to anything in court.
Why You Should Hire a Lawyer for DUI Expungement
While Illinois provides forms and resources for filing expungement petitions, DUI cases are not simple paperwork matters. The rules vary by county, and any mistakes in your petition can delay the process—or worse, result in denial.
A lawyer will:
- Confirm your eligibility
- Gather all required records and documents
- File your petition in the correct court
- Notify all relevant agencies
- Respond to any objections
- Represent you at the hearing (if one is scheduled)
- Follow up to confirm your record has been cleared from public databases
The cost of hiring a DUI expungement lawyer in Chicago is small compared to the long-term benefits of a clean record.
The Long-Term Value of Expungement
Even a dismissed DUI can hurt your chances of landing a job, keeping a professional license, renting an apartment, or qualifying for financial aid. Many background checks flag arrests, not just convictions. Expungement removes that risk.
It also gives you peace of mind. You no longer have to explain yourself during job interviews. You can fill out applications truthfully. And you no longer have to worry that an old, unfair charge will define your future.
What Happens If the State Objects?
Occasionally, the State’s Attorney or arresting agency may object to your expungement. The reasons vary—they might argue that you have other charges pending, that your case is not eligible, or that expungement is not in the interest of justice.
Your attorney can respond to these objections, present arguments at the hearing, and provide documentation to support your position. Judges take these petitions seriously and consider the facts carefully. With proper preparation, most objections can be overcome.
When Can You File for Expungement After a Not Guilty Finding?
If you were found not guilty or your case was dismissed, you don’t need to wait. You can file for expungement immediately. However, gathering the necessary documents (such as a certified disposition or arrest record) can take time, and court calendars may delay the hearing.
Acting quickly ensures that your petition is heard sooner. And in many cases, your attorney may be able to file electronically and avoid unnecessary delays.
FAQs: DUI Expungement in Illinois
If I was arrested for DUI in Chicago but found not guilty, can I expunge my record?
Yes. Acquittals are eligible for expungement under Illinois law as long as there are no other disqualifying convictions on your record.
How long does the expungement process take?
It can take 3–6 months, depending on the county and whether any objections are raised. Cook County cases tend to take longer due to volume.
Do I need to go to court for the expungement hearing?
Not always. If your petition is properly filed and no objections are raised, the judge may grant the expungement without a hearing. Your attorney will advise you.
Will expungement remove my license suspension too?
No. Expungement only clears the criminal record. License issues are handled separately through the Secretary of State. However, if you win your criminal case, your attorney may also help you fight the statutory suspension.
Can I expunge other charges on my record at the same time?
Yes. If you have other eligible arrests or cases, they can often be combined into one petition.
Why Choose The Law Offices of David L. Freidberg
We’ve spent decades defending DUI cases in Chicago and helping clients erase the stain of unfair accusations. If your case was dismissed or you were found not guilty, you deserve to leave the past behind. We’ll handle every step of your expungement with precision, professionalism, and urgency.
Whether your arrest happened in downtown Chicago, on the expressways, or in suburban Cook County, we know how to get your record cleared—quickly and efficiently.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.