Clearing a DUI From Your Record in Illinois
Whether a DUI or DWI conviction can be expunged or sealed in Illinois, and what to do instead if it can't.
Short answer: No. The court may not seal or expunge records of supervision or conviction for DUI (Illinois Vehicle Code § 11-501). 20 ILCS 2630/5.2(a)(3)(A)(ii)-(iii), (b)(2)(B)(i-5)
| DUI / DWI convictions | No. The court may not seal or expunge records of supervision or conviction for DUI (Illinois Vehicle Code § 11-501). A narrow exception allows supervision for a misdemeanor violation of § 11-503(a) (reckless driving) committed before age 25, with no other DUI or reckless driving conviction, to be cleared once the person reaches 25. |
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| How to apply | File a verified petition with the circuit court clerk in each county where the arrests occurred or charges were brought, listing each case number, arrest date and arresting agency (attach any Prisoner Review Board certificate of eligibility for sealing). The clerk serves the State's Attorney, the Illinois State Police, the arresting agency and, for ordinance violations, the local government's attorney. They have 60 days to object in writing; if no objection is filed, the court rules on the petition, and if one is filed, the court sets a hearing with at least 30 days' notice. At sentencing or disposition, the court must tell the person about the right to seal eligible records. |
Where to get help in Illinois
More Illinois expungement & criminal records
- Getting a Copy of Your Illinois Criminal Record
- Expunging or Sealing a Felony in Illinois
- How to File for Expungement in Illinois
- Sealing or Expunging Juvenile Records in Illinois
- All Illinois expungement & criminal records rules
FAQ
Can a DUI be expunged in Illinois?
No. The court may not seal or expunge records of supervision or conviction for DUI (Illinois Vehicle Code § 11-501). A narrow exception allows supervision for a misdemeanor violation of § 11-503(a) (reckless driving) committed before age 25, with no other DUI or reckless driving conviction, to be cleared once the person reaches 25.
How do you file for expungement in Illinois?
File a verified petition with the circuit court clerk in each county where the arrests occurred or charges were brought, listing each case number, arrest date and arresting agency (attach any Prisoner Review Board certificate of eligibility for sealing). The clerk serves the State's Attorney, the Illinois State Police, the arresting agency and, for ordinance violations, the local government's attorney. They have 60 days to object in writing; if no objection is filed, the court rules on the petition, and if one is filed, the court sets a hearing with at least 30 days' notice. At sentencing or disposition, the court must tell the person about the right to seal eligible records.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.