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Can I Expunge or Seal My Record After a DUI in Illinois?
The Reality of DUI Records in Chicago
Chicago is a city that never slows down. From morning commutes along the Eisenhower Expressway to nightlife in River North or Wicker Park, traffic enforcement is constant. One of the most serious charges drivers face in Cook County is driving under the influence. Under 625 ILCS 5/11-501, DUI can be charged as a Class A misdemeanor for first or second offenses without aggravation, or as a felony if factors such as prior convictions, bodily injury, or a revoked license are involved.
When people contact my office asking whether they can expunge or seal their DUI conviction, the conversation quickly turns to Illinois’ unforgiving rules. Under the Criminal Identification Act, 20 ILCS 2630/5.2, DUI convictions are not eligible for expungement or sealing. That means if you are convicted, your record will reflect it permanently.
The only exceptions involve cases that did not result in a conviction — for example, if charges were dropped, dismissed, or you were found not guilty at trial. In some rare situations, a DUI charge may be amended to reckless driving, which can sometimes be sealed after a waiting period. But if the DUI conviction stands, it cannot be erased.
This makes defending the original charge critically important. Once convicted, there is no way to clean the slate.
Understanding Illinois Law on Record Clearing
Illinois law provides two primary remedies for criminal records: expungement and sealing. Expungement erases the record entirely, while sealing makes it invisible to most employers and landlords but keeps it available to law enforcement and certain licensing agencies.
DUI cases are treated differently. If your case ends without a conviction — whether through dismissal, acquittal, or sometimes supervision — you may qualify for expungement. If your case results in a conviction, however, Illinois law explicitly excludes DUI from both sealing and expungement.
The statutes governing this process are strict because lawmakers view DUI as a public safety issue. Unlike retail theft, disorderly conduct, or even certain felonies that may be sealed, DUI is carved out as a permanent record offense. This is why attorneys often fight to negotiate cases down to reckless driving, because that charge may be eligible for sealing in the future.
Understanding the nuances of 20 ILCS 2630/5.2 is essential for anyone facing DUI in Chicago, DuPage County, Will County, or Lake County. The statute is unforgiving, and without the right strategy, you may be left with a lifelong conviction.
How DUI Cases Begin and the Consequences of Conviction
A DUI case in Illinois usually begins with a traffic stop. The police officer might observe weaving within a lane, speeding, or failing to stop at a light. Once pulled over, the officer looks for signs of impairment. Breath tests, field sobriety tests, and chemical tests are used to build evidence.
Once arrested, the case proceeds through arraignment, pretrial, and trial. Conviction brings not only court-imposed penalties but also collateral damage. Jail time, fines, community service, and driver’s license suspension are immediate concerns. Long-term, a DUI conviction affects employment, professional licensing, housing applications, and insurance rates.
Because Illinois does not allow expungement or sealing of DUI convictions, these consequences follow you for life. That makes early intervention by a criminal defense lawyer one of the most important steps you can take.
Example Case from a Chicago Neighborhood
A driver in Bronzeville is stopped late at night after allegedly drifting between lanes. The officer claims the driver’s eyes are glassy and speech is slow. Field sobriety tests are conducted, but the driver struggles due to a chronic ankle injury. A breath test registers slightly above the legal limit.
The driver is arrested and charged with DUI. At trial, the defense attorney presents medical records proving the ankle injury and cross-examines the officer on whether they considered this explanation. The attorney also challenges the calibration records of the breathalyzer, showing inconsistencies. The jury finds the driver not guilty.
Because the case ended in acquittal, the driver is eligible to file a petition for expungement under 20 ILCS 2630/5.2, ensuring the arrest record is destroyed. Without an attorney’s careful defense, that same driver could have faced a permanent conviction with no chance of record clearing.
Defenses and the Role of Legal Counsel
Defending DUI charges in Illinois often involves challenging the basis for the traffic stop, the administration of field sobriety tests, and the reliability of breath or blood tests. Medical conditions, fatigue, and even weather conditions can mimic signs of impairment.
A defense attorney can file motions to suppress evidence if the stop lacked reasonable suspicion or if constitutional rights were violated. Cross-examining officers, consulting toxicology experts, and highlighting weaknesses in the State’s case are all critical.
The role of legal counsel is particularly vital because if the conviction stands, the consequences cannot be undone. The best way to protect your record is to prevent a conviction in the first place.
FAQs: Expungement and DUI in Chicago
Can a DUI conviction in Illinois ever be expunged or sealed?
No. Under Illinois law, DUI convictions are permanently barred from expungement or sealing.
What if my DUI case was dismissed?
If your case was dismissed or you were found not guilty, you may petition for expungement under 20 ILCS 2630/5.2.
What about court supervision for DUI?
Supervision for DUI is not eligible for sealing or expungement, unlike many other offenses.
Can reckless driving be sealed?
Yes, reckless driving may be sealed after a waiting period, but only if the court allows the DUI charge to be reduced to reckless driving as part of a negotiated plea.
How long does an expungement take in Chicago?
The process usually takes several months, depending on the backlog in Cook County courts and the Illinois State Police.
Why is DUI treated differently from other crimes?
Lawmakers see DUI as a serious threat to public safety, so they excluded it from record-clearing options.
If I move out of Illinois, can I expunge my DUI elsewhere?
No. Illinois convictions remain governed by Illinois law, regardless of residency.
Why Choose The Law Offices of David L. Freidberg
Because DUI convictions cannot be erased, it is critical to fight the case before it becomes permanent. The Law Offices of David L. Freidberg has decades of experience defending DUI cases in Chicago and surrounding counties. Our firm understands both DUI statutes and expungement laws, giving clients the best chance at avoiding lifelong consequences.
When You Need a Fighter, Call Us
If you were arrested in Chicago, 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.