An arrest record or criminal conviction can be difficult to overcome. There is the stigma of being labeled a criminal and finding housing and employment can be difficult because most employers and landlords conduct background checks. You may also be denied entrance into university or trade schools.
The numerous benefits to expungement means that you want to ensure it is done right. Xpunge Chicago is here for you. Our attorneys will make sure that your past is put behind you and that you can move on with your life. Contact us today for a free consultation. Answers to commonly asked questions regarding Criminal Record Expungement, sealing, background checks, and more below.
Yes, these charges are eligible for expungement.
Most of these cases may be expunged, but only after meeting certain conditions imposed by the court.
You must have:
- Successfully completed the term of court supervision;
- Not have been arrested again; and
- (2) years must have passed since your supervision was terminated.
Oftentimes, these cases cannot be expunged, but you may qualify for sealing under certain conditions.
Contact Xpunge Chicago today to determine your options.
In most cases, felony convictions cannot be expunged in Illinois. However, if your felony case was dismissed, resulted in an acquittal, or you completed certain types of probation (like TASC or Second Chance Probation), you may be eligible.
Only certain non-conviction felony cases—such as those that were dismissed, resulted in a not guilty verdict, or were vacated or pardoned—can be expunged. Convictions generally do not qualify unless they meet very specific legal exceptions. For more info see our list: Types of Felonies that can be Sealed
Expungement erases the record completely, while sealing hides it from public view but allows law enforcement and certain agencies to access it. Many felony convictions that can’t be expunged may still be eligible for sealing.
There is usually a waiting period of at least five years after completing certain types of probation. For other non-conviction records, expungement may be available immediately or after a short waiting period.
While it’s not legally required, working with an experienced expungement attorney can help you avoid mistakes, speed up the process, and increase your chances of approval.
Yes—if the case did not result in a conviction. This includes charges that were dismissed or ended in a not guilty verdict. Convictions cannot be expunged or sealed under Illinois law. If you have a conviction, the only possible relief is a Governor’s pardon.
Yes—if the case didn’t result in a conviction. Dismissed charges, not guilty verdicts, diversion programs, or Second Chance Probation may qualify. Some convictions can be sealed under certain conditions, but expungement is more limited.
Often, yes. Many misdemeanor drug charges can be expunged if they were dismissed, you were found not guilty, or you completed court supervision. Convictions may be eligible for sealing but not always for expungement.
Yes—if there was no conviction. Dismissals, not guilty outcomes, or completion of supervision can qualify. Convictions usually can’t be expunged but may be eligible for sealing in some cases.
Stay calm, don’t speak to police or anyone else about the case, and contact a criminal defense attorney right away. Avoid any contact with the alleged victim if there’s an order of protection in place.
To start your petition, you’ll need accurate and complete information about your case. This typically includes:
- Certified copies of your case records – including the complaint or indictment, court disposition, and sentencing order (if applicable).
- Arrest records – from the arresting police department or law enforcement agency.
- Proof of program completion – if you completed court supervision, counseling, or a diversion program.
- Photo ID – such as a driver’s license or state-issued ID for filing purposes.
When preparing your petition, it’s important to have all the necessary records ready. For most drug charge cases, you’ll need:
- Certified copies of your court records – including the original charge, case disposition, and sentencing order (if any).
- Arrest records – from the police department or agency that made the arrest.
- Proof of program completion – if you participated in Drug Court, Second Chance Probation, or another diversion or treatment program.
- Photo ID – such as a state-issued ID or driver’s license for filing.
Having these documents in order helps the court confirm your eligibility and process your petition without delays. An experienced expungement attorney can assist in obtaining missing records and ensuring your petition is properly filed.
In most cases, the process of expunging or sealing a drug-related felony takes 4 to 6 months from the time your petition is filed to the final court decision. This timeline can vary depending on factors like the county’s caseload, whether any objections are raised, or the complexity of your case (such as whether you participated in Second Chance Probation or another diversion program).
In Illinois, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but under state law, DUI is the official legal term. A DUI in Illinois covers driving or being in physical control of a vehicle while impaired by alcohol, drugs, or any intoxicating substance, including prescription medication.
Some states distinguish between DUI and DWI based on blood alcohol content (BAC) or the type of substance involved, but Illinois does not make this distinction—all impaired driving offenses fall under DUI laws. Whether your charge was labeled DUI or DWI, the consequences are the same, and both can impact your driving privileges, employment, and criminal record.
In Illinois, a DUI arrest typically triggers an immediate driver’s license suspension—even before your court case is resolved. This is called a Statutory Summary Suspension and occurs if you either fail a chemical test (registering a BAC of 0.08 or higher) or refuse to take one.
For a first offense, your license is usually suspended for six months if you fail the test, or 12 months if you refuse. You may be eligible for a Monitoring Device Driving Permit (MDDP), which allows limited driving privileges with a breath alcohol ignition interlock device (BAIID) installed in your vehicle.
If you’re convicted of DUI, your license may be revoked, meaning you’ll need to complete a formal reinstatement process with the Illinois Secretary of State. An experienced DUI attorney can guide you through hearings, paperwork, and requirements to help restore your driving privileges as quickly as possible.
Yes. You can apply for jobs while your expungement or sealing petition is under review. However, until the court officially grants your petition, your DUI record will still appear on background checks. Once the record is sealed or expunged, most employers—and the general public—will no longer have access to it, giving you a clean slate for future opportunities.
Once a record is sealed, it is hidden from most public and private background checks, including those run by employers, landlords, and financial institutions. Only law enforcement and certain government agencies can still view sealed records. For most practical purposes, a sealed record gives you the same opportunities as someone without a criminal history—allowing you to move forward without your past holding you back.
In Illinois, assault and battery are two separate criminal offenses that are often confused. Assault refers to the threat or attempt to cause harm that makes another person reasonably fear being physically injured. Battery, on the other hand, involves actual physical contact that causes harm or is considered insulting or provoking—such as hitting, pushing, or striking someone.
Both charges can range from misdemeanors to felonies, depending on the severity of the incident and whether weapons, injuries, or prior convictions are involved. Understanding the difference is important when determining eligibility for expungement or record sealing, since battery—especially when aggravated—is usually treated more severely under Illinois law.
Yes. Under Illinois law, simple battery is classified as a violent offense because it involves physical contact or harm to another person. Even if no serious injury occurred, the act of intentional contact makes it a violent crime in the eyes of the court.
That said, not all battery cases are treated equally. Simple battery is often charged as a Class A misdemeanor, while aggravated battery—which may involve a weapon, injury, or a protected victim (like a police officer or teacher)—is a felony with harsher penalties. While violent felony convictions cannot be expunged, some misdemeanor or dismissed battery cases may still qualify for record sealing. Speaking with an experienced Illinois expungement attorney can help clarify your eligibility and next steps.
DUI convictions are not eligible for expungement under Illinois law, but an attorney can explore other options with you.
Yes, if the charges were dropped, you were found not guilty, or your conviction was vacated, you may qualify to expunge the arrest.
Expungement destroys or returns the record to you, while sealing makes it invisible to most people but still accessible through fingerprint-based background checks.
The timeline varies, but an attorney can help expedite the process by ensuring all paperwork is filed correctly and on time.
DUI supervision generally cannot be expunged but may qualify for sealing. An attorney can review your case to determine what’s possible.
Clearing your record after a DUI can be complicated, but an experienced attorney can guide you through the process and ensure you take the best steps for your situation. Find out if you’re eligible for expungement here.