If you’ve been charged with a DUI in Illinois, you’re likely wondering, "How long does a DUI stay on your record in Illinois?” and whether it’s possible to remove a DUI from your record in Illinois. At Zaremba Law Office, our experienced DUI attorneys in Illinois are here to guide you through the legal process and explore your options for clearing your record. In this article, we’ll explain how long a DUI remains on your criminal and driving records, whether expungement or sealing is possible, and how our team can help.
Understanding DUI Records in Illinois
A DUI (Driving Under the Influence) conviction in Illinois can impact both your criminal record and your driving record, affecting your employment, insurance rates, and future legal proceedings. Here’s a breakdown of how long a DUI stays on each type of record:
1. DUI on Your Criminal Record
In Illinois, a DUI is typically classified as a misdemeanor for a first offense, but repeat offenses or aggravated circumstances (e.g., causing injury) may result in a felony. Unfortunately, DUI convictions in Illinois remain on your criminal record permanently unless you take specific legal actions to have them expunged or sealed.
Expungement: Expungement completely erases a DUI from your criminal record, as if it never occurred. However, Illinois law does not allow expungement for DUI convictions unless the case was dismissed, you were acquitted.
Sealing: Sealing hides your DUI record from public view, though law enforcement and certain employers can still access it. DUI convictions are generally not eligible for sealing in Illinois.
DUI on Your Driving Record
Your Illinois driving record, maintained by the Illinois Secretary of State, tracks traffic violations, including DUIs. A DUI stays on your driving record for 20 years for the purpose of determining penalties for future offenses. For example:
- A first DUI may result in a license suspension for 6 months to 1 year.
- A second DUI conviction within triggers harsher penalties, including a 5-year license revocation.
- A third DUI conviction may lead to a 10-year revocation or permanent loss of driving privileges.
Additionally, a DUI conviction may appear on your public driving abstract (a record accessible to insurers and employers) for 7 years, significantly increasing your auto insurance premiums.
Can You Remove a DUI from Your Record in Illinois?
The possibility of removing a DUI from your record in Illinois depends on the outcome of your case and the legal remedies available. Below are the key scenarios:
- Expungement of a DUI is only available if you were arrested for a DUI but not convicted (e.g., charges were dropped or you were found not guilty). If your DUI case meets these criteria, you may petition the court to expunge your record. However, DUI convictions cannot be expunged under Illinois law.
- Sealing a DUI Record: Sealing is an option for some non-conviction DUI cases. Sealed records are hidden from most background checks, but certain entities (e.g., law enforcement, government agencies) can still access them. Like expungement, DUI convictions are not eligible for sealing.
- Governor’s Pardon: In rare cases, you may seek a governor’s pardon to clear a DUI conviction from your criminal record. A pardon is a long and complex process that requires demonstrating rehabilitation and a compelling reason for the pardon. If granted, a pardon may allow you to petition for expungement.
How Long Does the Expungement Process Take?
If your DUI case is eligible for expungement, the process typically takes 3 to 6 months, depending on the county and the complexity of your case. Here’s a general timeline:
- File a Petition: Your attorney files a petition for expungement with the circuit court in the county where the DUI occurred.
- Review by the State’s Attorney: The State’s Attorney’s Office reviews the petition and may object if they believe the record should remain.
- Court Hearing: If there are objections, a judge will hold a hearing to decide whether to grant the expungement.
- Notification: If approved, the court notifies relevant agencies (e.g., Illinois State Police) to update your record.
Working with a skilled Illinois DUI expungement lawyer can streamline this process and ensure all legal requirements are met.
How a DUI Affects Your Life
A DUI on your record can have long-lasting consequences, including:
- Employment Challenges: Many employers conduct background checks, and a DUI conviction may limit job opportunities, especially in fields like transportation or education.
- Increased Insurance Rates: A DUI can raise your auto insurance premiums by 50% or more for up to 7 years.
- License Suspension: A DUI conviction results in a mandatory license suspension, affecting your ability to commute or perform job duties.
- Future Penalties: A DUI on your record within 20 years increases the severity of penalties for subsequent offenses.
Taking steps to remove a DUI from your record in Illinois can mitigate these impacts and help you move forward.
Why Choose Zaremba Law Office for Your DUI Case?
At Zaremba Law Office, our dedicated Illinois DUI attorneys have extensive experience helping clients navigate DUI charges, expungement, and sealing processes. We understand the complexities of Illinois DUI laws and work tirelessly to protect your rights and future. Here’s why clients trust us:
- Personalized Legal Strategies: We tailor our approach to your unique case, whether you’re seeking to fight a DUI charge or clear your record.
- Proven Results: Our team has successfully helped clients achieve favorable outcomes, including expungements and reduced penalties.
- Local Expertise: With deep knowledge of Illinois courts, we know how to navigate the system effectively.
Contact Us Today: Don’t let a DUI define your future. Call Zaremba Law Office at 815-575-9384 to discuss your options for removing a DUI from your record in Illinois.
