Can a DUI in Illinois Be Expunged If You Were Found Not Guilty?

Defending Your Record in Chicago and Clearing Your Name After a DUI Acquittal

In the heart of Chicago, arrests for driving under the influence are not uncommon. Police throughout Cook County—from the Chicago Police Department to Illinois State Troopers patrolling the Eisenhower, Dan Ryan, and Lake Shore Drive—are on constant lookout for impaired drivers. But not every DUI arrest leads to a conviction. Many cases result in dismissals, findings of not guilty, or even charges being dropped before trial. If you were arrested for DUI but ultimately found not guilty, your next question is likely: Can I have this erased from my record?

The short answer in Illinois is yes—under certain conditions. Illinois law allows individuals who were acquitted of a DUI or whose charges were dismissed to petition for expungement of their criminal record. But eligibility depends on the outcome of your case and your prior criminal history. And just because you were found not guilty doesn’t mean your arrest automatically disappears. You must take action to clear your name.

Understanding DUI Charges and Expungement Law in Illinois

In Illinois, DUI is governed by 625 ILCS 5/11-501. A first-time offense is typically charged as a Class A misdemeanor, which carries a maximum of one year in jail and a fine of up to $2,500. However, the circumstances of the arrest—such as prior DUI history, the presence of a minor in the car, or an accident causing injury—can elevate the charge to a felony under 625 ILCS 5/11-501(d).

Regardless of the classification, a DUI arrest creates a criminal record. This includes the booking, fingerprinting, and the official charge, even if you’re later acquitted. That record is viewable by employers, government agencies, licensing boards, and members of the public.

Expungement in Illinois is governed by 20 ILCS 2630/5.2. Under this statute, you may petition to have your criminal record expunged if:

The charge was dismissed
You were found not guilty at trial
The State entered a nolle prosequi (dropped the charge)
You completed court supervision for certain eligible misdemeanors

However, not all DUIs are eligible for expungement, even when the outcome is favorable. For example, if you received court supervision for a DUI, that disposition cannot be expunged. But if your DUI was dismissed, or you were acquitted, and you meet the other eligibility requirements, you may be able to have your arrest completely erased from public view.

How DUI Criminal Cases Begin in Chicago

DUI arrests often start with a routine traffic stop. In Chicago, this can happen on any city street, expressway, or near entertainment districts like River North or Wrigleyville. Officers are trained to identify signs of impairment: swerving, speeding, delayed reactions, or even rolling through a stop sign. Once stopped, the officer may request that you perform field sobriety tests or submit to a chemical test.

If the officer believes there is probable cause, you’ll be arrested and taken into custody. At the station, you may be asked to take a breathalyzer. Refusing can result in a statutory license suspension under 625 ILCS 5/11-501.1, separate from the criminal charges. After booking, you’ll appear at the Daley Center or one of the suburban district courthouses to face formal charges.

Criminal Trial Process for DUI Cases in Illinois

Once charges are filed, the criminal process begins. You’ll be scheduled for arraignment, where the State formally presents the charges. A judge may set bail, and your attorney will enter a plea on your behalf. Discovery follows, during which the prosecution shares the evidence they intend to use. This includes police reports, dashcam footage, witness statements, and chemical test results.

At any point, your defense attorney can file motions to suppress evidence, contest probable cause, or challenge the legality of the stop. If your attorney finds that evidence was unlawfully obtained, the charges may be dismissed or weakened substantially.

If your case goes to trial, the burden is on the State to prove guilt beyond a reasonable doubt. If they fail, the judge or jury will find you not guilty. While that’s a victory, your arrest and court case still remain on your public record. That’s where expungement comes in.

Evidence Used in DUI Cases and the Impact of Acquittal

In DUI prosecutions, the State relies heavily on the officer’s observations and scientific evidence such as breath, blood, or urine tests. But in many cases, the evidence is either insufficient or legally flawed. Officers may lack training, equipment may be improperly calibrated, or rights may be violated during the stop or interrogation.

Being found not guilty means the State failed to prove its case. But that doesn’t mean your record is clean. Employers running background checks will still see the arrest unless the record is formally expunged. Expungement seals the record and destroys the underlying documents, making it appear as if the arrest never occurred.

The Legal Process for DUI Expungement in Illinois

To pursue expungement, you must file a petition in the circuit court of the county where your case was heard—Cook County, for example, if your arrest happened in Chicago. The process involves:

Reviewing your eligibility
Gathering certified records of the case outcome
Filing the petition and paying the filing fee (unless waived)
Notifying the State’s Attorney, arresting agency, and Illinois State Police
Attending a hearing (if required)

If the judge grants your petition, the record is removed from public access and law enforcement databases. This allows you to legally answer “no” when asked if you’ve ever been arrested for DUI.

The Importance of a Criminal Defense Attorney in Expungement Cases

Having an experienced attorney is vital when pursuing expungement. The law is complex, and mistakes can delay or derail your petition. Your attorney can ensure all documents are accurate, that notice is properly given, and that your petition presents the strongest case for why your record should be cleared.

In some cases, the State may object to the expungement. An attorney can respond to those objections and present legal arguments in your favor. If you were found not guilty or your case was dismissed, you deserve the chance to move forward without that arrest hanging over your head.

Potential Legal Defenses That Can Lead to Acquittal or Dismissal

DUIs are defensible cases. Many arrests are made based on flawed observations, unreliable equipment, or illegal procedures. Common defenses include:

No reasonable suspicion for the traffic stop
No probable cause for the arrest
Improperly administered field sobriety tests
Inaccurate or uncalibrated breath testing equipment
Chain of custody issues with blood or urine samples

Even procedural violations—like failing to advise you of your rights or not allowing access to counsel—can form the basis for a dismissal or acquittal.

What to Look for in a DUI Expungement Lawyer in Chicago

Choosing the right attorney means selecting someone who has experience both defending DUI cases and filing expungement petitions in Cook County. Your lawyer should be familiar with the judges, clerks, and procedures of the local courts. Look for a firm that will keep you informed, file everything on time, and handle objections professionally.

Ask how many expungements they’ve successfully handled, what their average turnaround time is, and whether you’ll need to appear in court. A good lawyer can simplify the process and significantly increase your chance of success.

Questions to Ask During a Free DUI Expungement Consultation

When you speak with an attorney about DUI expungement, consider asking:

Am I definitely eligible for expungement based on my case outcome?
How long does the expungement process take in Cook County?
What happens if the State objects to my petition?
Will this expungement cover both the arrest and court records?
Will I need to attend a court hearing?

These questions can help you feel confident in your decision and give you clarity on the path forward.

Frequently Asked Questions About DUI Expungement in Chicago

If I was found not guilty, why is the arrest still on my record?
Because Illinois law requires a formal petition for expungement. Acquittal or dismissal alone does not erase your record—it only makes you eligible.

Can I expunge a DUI if I completed court supervision?
Unfortunately, no. DUI supervision is excluded from expungement eligibility. However, sealing may be available for other types of charges—not DUI.

How long do I have to wait after being found not guilty to expunge the DUI?
There is no waiting period if you were acquitted or the charges were dismissed. You may file immediately.

Can employers see a DUI arrest if I was found not guilty?
Yes, unless you expunge the record. Background checks may still show the arrest and case history unless it’s erased.

What’s the difference between expungement and sealing?
Expungement destroys the record; sealing hides it from public view but allows law enforcement and certain employers to access it. Most DUI cases that result in conviction or supervision are not eligible for either.

Why You Need an Attorney—Even After a Not Guilty Finding

Being found not guilty is only part of the battle. Until the record is erased, that DUI arrest can still hurt your reputation, your job search, and your future. Expungement gives you the clean slate you deserve, but the legal process is full of technical requirements that are best handled by a seasoned lawyer.

The Law Offices of David L. Freidberg can guide you through every step, from verifying your eligibility to preparing the strongest possible petition. We handle DUI defense and expungement cases across the Chicago area, and we understand how to help our clients move forward with confidence and a clean record.

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.