Chicago Criminal Expungements Blog

Friday, January 2, 2015

Why Can't Drinking and Driving be Expunged in Illinois?

In the state of Illinois, you can have some criminal records completely erased. Unfortunately, a drunk driving conviction isn’t one of them.

Under Illinois law, you can’t expunge your criminal record if you were sentenced to supervision for:

  • Drunk driving
  • A sexual offense committed by a minor (under the age of 18
  • Reckless driving

Note that being sentenced to supervision, which keeps the case open without a judgment of guilt, is the decisive factor. When the supervision period has ended, the case is dismissed – but you cannot have that record expunged under the law.

The Only Way to Expunge a DUI in Illinois

Because the state of Illinois is so serious about DUI, the only way to have that type of record expunged from your record is to seek a pardon from the governor that includes expungement.

What Can You Do with a DUI Conviction?

While it is very likely that your DUI conviction will stay on your criminal record – barring a pardon from the governor, of course – there are two ways that you might be able to rebound and help yourself when it comes to finding employment if you were convicted of aggravated DUI. They’re called Certificates of Rehabilitation.

  • Certificate of Good Conduct. The Certificate of Good Conduct makes you more hirable because it relieves potential employers from civil and criminal liability for hiring you. (For example, some employers won’t hire people with DUI convictions because they “should know” that a prior DUI conviction makes the person a driving risk; this certificate relieves them of liability.)
  • Certificate of Relief from Disability. The Certificate of Relief from Disability will allow you to get a professional license despite your past DUI conviction. This is exceptionally helpful if you have lost your occupational license or you’re barred from getting one because of the conviction.

Neither of these certificates will remove the conviction from your record, but they can certainly make it easier for employers to hire you if you’re encountering resistance because of the DUI conviction.

Talk to your Cook County expungement lawyer to find out whether you qualify to apply for either (or both) of these certificates – it might be one of the best decisions you could make.

 

, Cook County expungement lawyer

 


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