Driving under the influence is a serious offense in Illinois, and you cannot expunge or seal it from your criminal record. However, you can expunge or seal many other types of convictions. Understanding the rules and exceptions can help you navigate the process of clearing your criminal record.

Can You Expunge DUIs in the State of Illinois?

In Illinois, you cannot expunge or seal DUI convictions. The state treats DUIs as severe offenses that pose significant risks to public safety. Because of this, DUI convictions remain on your criminal record permanently. However, you can take steps to expunge or seal other types of criminal records.

This guide explains the following:

• Why you can’t expunge or seal DUIs
• What records you can expunge
• What records you can seal
• Exceptions for veterans
• How to start the expungement or sealing process

Here’s a closer look at each.

Related: Expungement and sealing information for Illinois

Why You Can’t Expunge or Seal DUIs

Illinois law prohibits the expungement and sealing of DUI convictions. The state considers DUI offenses to be serious threats to public safety because they involve impaired driving, which can lead to accidents, injuries, and fatalities. As a result, DUI convictions are permanently recorded and cannot be removed or hidden through expungement or sealing.

What Records You Can Expunge

In Illinois, you can expunge several types of criminal records. These include arrests that did not lead to charges, charges that were dropped, findings of not guilty, and convictions that were vacated. Vacated convictions occur when a court overturns a previous guilty verdict. Expungement completely erases your record, meaning it is destroyed or returned to you. This process is generally limited to cases that did not result in a conviction or where the conviction was later nullified. Additionally, veterans may be eligible for expungement of certain convictions if they meet specific criteria.

Related: When can you expunge an arrest record?

What Records You Can Seal

Sealing is available for a broader range of records compared to expungement. You can seal many types of convictions, including some misdemeanors and non-violent felonies. Sealing hides your record from most people, making it invisible to the general public and most employers. However, certain records are not eligible for sealing. Violent crimes, such as assault or robbery, typically cannot be sealed. Similarly, DUI and reckless driving convictions are usually not eligible for sealing. While sealing can limit who can see your record, it is important to understand its limitations, especially if your record involves serious offenses.

How to Start the Expungement or Sealing Process

To start the expungement or sealing process, you should hire a lawyer familiar with this area of law. A lawyer can guide you through the necessary steps, help you gather the required documentation, and ensure you meet all legal requirements. The process generally begins with filing a petition in the appropriate court. Your lawyer will help you prepare the petition, which includes details about your criminal record and the reasons you are seeking expungement or sealing. After filing the petition, there may be a hearing where you present your case. Having a lawyer by your side can make this process smoother and ensure that you meet all legal requirements.

FAQ About Expunging DUIs in Illinois

Check out these commonly asked questions about expunging DUIs in Illinois. If you don’t see your question here, please call our office and we’ll find you the answers you need.

Can You Expunge DUIs in Illinois?

No, you cannot expunge DUI convictions in Illinois. The state considers DUI offenses serious threats to public safety. Because of this, DUI convictions remain on your criminal record permanently and cannot be removed.

Can You Seal DUIs in Illinois?

No, you cannot seal DUI convictions in Illinois. Like expungement, the state prohibits sealing DUI convictions due to their severity and the associated public safety risks. DUI convictions stay on your record permanently and remain visible to law enforcement and certain employers.

Related: Is it easier to expunge your record with a lawyer?

What Other Convictions Can You Expunge?

You can expunge arrests that did not lead to charges, charges that were dropped, findings of not guilty, and convictions that were vacated. Expungement removes these records completely, making it as if the incident never happened.

What Other Convictions Can You Seal?

You can seal many types of convictions, including some misdemeanors and non-violent felonies. Sealing hides your record from most public view, but certain entities like law enforcement and employers conducting fingerprint-based background checks can still access sealed records.

How Long Does the Expungement Process Take?

The expungement process can take several months from start to finish. After you file a petition, the court will review your case, which includes checking your eligibility and ensuring all required documentation is in order. There may also be a hearing where you present your case. The timeline can vary based on the complexity of your case and the court’s schedule, so it is important to start the process as soon as possible if you are considering expungement.

Do You Need to Talk to an Attorney About Expungement or Sealing?

If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.

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