DUI Sealing and Expungement in Illinois, for Lockport and Will County
In Illinois, the court is told not to seal or expunge the record of a DUI arrest that ended in a conviction or in supervision. That is the general rule in 20 ILCS 2630/5.2. A DUI arrest that ended in an acquittal, a dismissal or a release without charges can be eligible. A few narrow exceptions exist, so Jeff reviews each record.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
Expungement and sealing, in plain words
The two words mean different things under the Criminal Identification Act.
- Expungement means the records are destroyed or returned to you, and your name is removed from official indexes. The court file stays but is impounded.
- Sealing means the records still exist but the public cannot see them. Some agencies, such as law enforcement and courts, can still get at them.
Both come from a petition to the court. The rules sit in 20 ILCS 2630/5.2.
What can be cleared after a DUI arrest
| How the DUI case ended | Can it be expunged or sealed? |
|---|---|
| Not guilty after trial (acquittal) | Eligible. Expungement and sealing both allowed under the statute. |
| Charge dismissed | Eligible, with the same rule. |
| Arrested and released without charges | Eligible. |
| Conviction later vacated or reversed | Eligible. |
| Conviction for DUI | Generally not eligible. The court shall not order it. |
| Supervision for DUI, completed | Generally not eligible for either one. A completed supervision is not a conviction, but the DUI exclusion still applies. |
| Conviction for a reduced charge such as a minor traffic offense | Usually not eligible. Minor traffic offenses are excluded unless you were arrested and released without charging. |
| Reckless driving after a DUI arrest | Generally not eligible. A narrow exception covers some misdemeanor cases before age 25 with no other DUI or reckless driving conviction. |
The key rule is in Section 5.2(a)(3): the court shall not order sealing or expungement of the records of arrests or charges that result in an order of supervision for, or conviction of, a violation of Section 11-501 of the Vehicle Code or a similar local ordinance.
Narrow exceptions
The same section points to a few other ways a record can be cleared. They are rare in DUI cases.
- A conviction set aside on direct review or collateral attack, when the court finds by clear and convincing evidence that you were factually innocent (5.2(b)(6)).
- A certificate of innocence under Section 2-702 of the Code of Civil Procedure (5.2(b)(8)).
- A Governor's pardon that specifically authorizes expungement (5.2(e)).
Jeff reviews each record, because the order of events in your case decides which rule applies.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Why the original outcome matters
This is the part people wish they had known sooner. If a DUI case ends in supervision or a conviction, the law largely closes the door on sealing and expungement. If the case ends another way, the door may stay open. So the way a case is resolved has a long term effect on your record. That is one reason Jeff looks at the facts and the evidence before a plea is discussed. If you were arrested but the State never filed a charge, or if a judge dismissed the case, tell Jeff right away. Those records are the ones Illinois law most clearly allows to be cleared.
Supervision still has value. A completed supervision is not a conviction, which matters on job and housing forms that ask about convictions (20 ILCS 2630/5.2(a)(1)(C)). Read the supervision page for who qualifies.
What happens next
- Gather the case number, the court name and the date the case ended for each arrest you want reviewed.
- Get the disposition from the circuit clerk, which shows whether the result was a dismissal, an acquittal, supervision or a conviction.
- Jeff compares the result with the exclusions in 5.2(a)(3) and the eligibility rules in 5.2(b) and (c).
- If a record is eligible, Jeff prepares and files the petition with the court that holds the case.
- The court decides. Other parties named in the statute can object, and the judge may set a hearing.
How Jeff helps
- Reads each record you have, one at a time, to see what the outcome was and which rule applies.
- Tells you plainly when a record cannot be cleared, so you do not pay for a petition that cannot succeed.
- Prepares the petition when the law allows one.
- Looks ahead, when a DUI case is open, to how each outcome affects the record later.
- Answers questions about what employers or landlords may see.
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about dui sealing and expungement
Short answers first. Jeff McCarthy reviews every answer on this page.
Generally not if it ended in a conviction or supervision. The statute tells the court not to order it. A DUI arrest that ended in an acquittal, dismissal or release without charges can be eligible.
Generally no. The exclusion in 20 ILCS 2630/5.2(a)(3) covers sealing as well as expungement for DUI convictions and supervision.
Not if you complete it. Illinois law says successfully completed supervision is not a conviction. It still cannot be sealed or expunged when it was for a DUI.
A dismissed charge can be eligible for expungement or sealing. Jeff needs the case number and the date to check.
The petitions covered here deal with criminal records under the Criminal Identification Act. Ask Jeff what the Secretary of State keeps, since that is a separate record.
For arrests released without charges, acquittals and dismissals, the statute lets the record be sealed at any time. Waiting periods apply to other kinds of cases, and those are mostly closed for DUI.
Call Jeff with your case numbers. He reviews each record, because two cases with the same charge can have different results.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
