Can I Expunge or Seal My Record After a DUI in Illinois?

Chicago, Illinois, and the Challenge of DUI Convictions

Chicago is home to more than 2.6 million people, spread across diverse neighborhoods from the Gold Coast and Wrigleyville to South Shore and Englewood. With millions of cars traveling daily on Lake Shore Drive, the Dan Ryan Expressway, and arterial streets, traffic enforcement is a constant priority for Chicago police. Among the most aggressively prosecuted crimes in Cook County are DUI charges, whether involving alcohol, prescription drugs, or controlled substances.

Illinois law treats DUI as a serious offense. For a first or second DUI without aggravating factors, the charge is a Class A misdemeanor, carrying penalties of up to 364 days in jail and $2,500 in fines. Repeat offenders, or cases involving bodily harm, minors in the vehicle, or driving on a revoked license, are elevated to felonies under Illinois law. An aggravated DUI can result in prison time, heavy fines, and lifelong consequences.

When clients in Chicago come to me with questions about clearing their record, the first thing I explain is that Illinois has very strict laws on expungement and sealing. Expungement means the case is physically destroyed from court and law enforcement databases. Sealing means the record remains but is hidden from public view, with limited exceptions. Unfortunately, DUI convictions are treated differently from many other misdemeanors and felonies. Whether you can expunge or seal your record depends on the outcome of your case, the statutes involved, and the penalties imposed.

Understanding Illinois law, the criminal process, and how records are treated after a conviction is essential. It is also important to recognize the difference between expungement eligibility and sealing options. Having a criminal defense attorney in Chicago evaluate your case is critical to protecting your future, as the wrong assumption can close the door on potential relief.

Expungement and Sealing Under Illinois Law

Illinois expungement and sealing are governed primarily by the Criminal Identification Act, 20 ILCS 2630/5.2. This statute establishes which offenses can be expunged, which can be sealed, and the waiting periods required.

For DUI, the law is clear: DUI convictions cannot be expunged or sealed under Illinois law. This means that if you are convicted of DUI in Cook County, DuPage County, Will County, Lake County, or any other jurisdiction in Illinois, that conviction remains permanently on your criminal record.

However, there are situations where expungement or sealing may apply:

If your DUI case was dismissed
If you were found not guilty at trial
If you received supervision and successfully completed it (although for DUI, supervision does not qualify for sealing or expungement unless it involved reckless driving amended under certain conditions)
If charges were filed but later dropped by prosecutors

Illinois does allow certain types of reckless driving convictions to be sealed, and in rare cases, a DUI charge may be amended to reckless driving as part of a negotiated plea. If that happens, sealing may become available after a waiting period.

The key statute for DUI is 625 ILCS 5/11-501, which prohibits operating a vehicle while under the influence. Because of public policy concerns and legislative intent, the Illinois General Assembly has excluded DUI convictions from both expungement and sealing eligibility.

This harsh rule demonstrates why it is critical to fight DUI charges aggressively from the start. Once a conviction is entered, there is no “second chance” to erase it from your record.

How Criminal Cases Begin and the Process in Illinois

In Chicago, DUI cases usually start with a traffic stop. Officers may observe lane deviations, speeding, or erratic driving. Once stopped, they look for signs of impairment: slurred speech, bloodshot eyes, or the odor of alcohol. Field sobriety tests may be administered, followed by a breath test, blood draw, or urine sample.

The initial arrest is documented by the Chicago Police Department, and charges are filed with the Cook County State’s Attorney’s Office. For misdemeanor DUIs, the case is handled in the local municipal courts. For felonies, the case is transferred to felony courtrooms at the Cook County Criminal Courthouse at 26th and California.

From the moment a case begins, evidence collection is critical. Prosecutors rely on:

Officer testimony
Breathalyzer results
Blood or urine toxicology reports
Dashcam or bodycam video
Witness statements

An experienced defense attorney examines every piece of evidence, challenging the legality of the stop, the reliability of testing methods, and whether the State has met its burden of proof.

If convicted, the DUI remains permanently on your record. If charges are dropped or you win at trial, your attorney can file a petition for expungement or sealing under the Illinois Criminal Identification Act.

Penalties, Punishments, and Collateral Consequences

A first-time DUI misdemeanor conviction in Illinois carries up to 364 days in jail and fines up to $2,500. Mandatory penalties include alcohol/drug evaluation, treatment if ordered, and a driver’s license suspension. A second DUI results in longer license suspensions and harsher penalties.

Aggravated DUI (felony) penalties depend on circumstances:

Class 4 felony: 1–3 years in prison
Class 2 felony: 3–7 years in prison
Class X felony (for deaths caused by DUI): 6–30 years in prison

Beyond statutory penalties, collateral consequences can be severe. A conviction can prevent you from obtaining certain jobs, disqualify you from professional licensing in healthcare or education, and raise auto insurance premiums. Landlords conducting background checks may deny housing. For non-citizens, immigration consequences can also arise.

Because DUI convictions cannot be sealed or expunged, these collateral consequences are permanent unless the case is won or reduced to a lesser offense. This reality underscores why strong defense strategies in the early stages matter so much.

The Criminal Trial Defense Process in Illinois

The trial process begins with arraignment, where the charges are read, and the defendant enters a plea. Pretrial motions follow, which often determine whether key evidence will be admitted or suppressed. For example, if an officer lacked reasonable suspicion for the traffic stop, any evidence gathered may be suppressed.

During trial, the prosecution must prove impairment beyond a reasonable doubt. The defense attorney cross-examines officers, challenges the accuracy of chemical testing, and presents alternative explanations for the defendant’s conduct. Expert witnesses, such as toxicologists or accident reconstructionists, may testify.

If the case results in acquittal, the defendant may then petition for expungement. If convicted, the DUI is permanent on the record, with no chance for later removal.

A Realistic Example Case in Chicago

Consider a driver in Humboldt Park stopped late at night for rolling through a stop sign. The officer claims to smell alcohol, though the driver had not been drinking. The driver struggles with field sobriety tests due to a knee injury. At the station, the breath test shows a result slightly above the legal limit. The driver is charged with DUI.

The defense attorney investigates, obtains medical records showing the knee injury, and reviews bodycam footage revealing inconsistencies in the officer’s observations. A motion to suppress the breath test is filed due to improper calibration of the machine. At trial, the defense highlights the flaws, and the jury returns a not-guilty verdict. With that outcome, the driver becomes eligible to petition for expungement under 20 ILCS 2630/5.2.

This example demonstrates how early and aggressive defense work can change the long-term consequences for a defendant.

The Benefits of Having a Criminal Defense Attorney

Having a defense attorney is essential in DUI cases. Without counsel, defendants face prosecutors armed with training, resources, and experience. An attorney ensures that constitutional rights are protected, evidence is challenged, and alternative outcomes are pursued.

Beyond trial defense, an attorney advises on long-term consequences. Since DUI convictions cannot be erased, lawyers focus on strategies like negotiating reductions to reckless driving, which can sometimes be sealed later. Attorneys also guide clients through expungement petitions if charges are dropped or acquittal is obtained.

Potential Defenses to DUI Charges

Defenses may include:

Lack of reasonable suspicion for the traffic stop
Lack of probable cause for arrest
Inaccurate or improperly administered field sobriety tests
Faulty breathalyzer calibration or maintenance
Chain of custody errors in blood or urine samples
Alternative medical explanations for observed behavior

Each defense must be tailored to the facts of the case. Success often depends on scrutinizing every piece of evidence and exposing weaknesses.

Qualities to Look for in a Chicago Defense Attorney

When facing DUI charges in Chicago, defendants should look for attorneys with decades of trial experience, familiarity with Cook County courtrooms, and a proven record handling DUI litigation. The attorney should be responsive, clear about fees, and willing to explain legal strategies in plain language.

Questions to Ask in a Free Consultation

How many DUI cases have you defended in Cook County?
Have you handled cases where charges were reduced to reckless driving?
What defenses might apply in my case?
What outcomes do you think are realistic?
How do you approach challenging chemical test evidence?

Why Defendants Need an Attorney and Why Choose David L. Freidberg

Because DUI convictions cannot be expunged or sealed, fighting the case from the very beginning is critical. A mistake at any stage can leave a permanent scar on your record. Defendants in Chicago need an attorney who understands both Illinois DUI law and the expungement statutes. The Law Offices of David L. Freidberg has decades of courtroom experience and a proven record of protecting clients in Cook County, DuPage County, Will County, and Lake County.

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.