If you’ve gone through the trauma of being arrested for DUI in Illinois—especially in a city like Chicago—you already know how quickly your life can change. A single traffic stop can lead to public embarrassment, missed work, and months of courtroom appearances. But if your case ended with a not guilty verdict or a dismissal, you probably felt a surge of relief. You beat the charge. You were cleared. So why does it still show up on your background check?
That’s where the Illinois expungement process comes in. Being found not guilty or having your DUI case dismissed doesn’t automatically clear your record. You have to petition the court to expunge it. If you don’t, the arrest and court history can remain visible to employers, landlords, and professional boards. The good news is that if your case was resolved in your favor, you may have the right to expunge it—and with the help of a criminal defense attorney, you can make that happen.
What It Means to Be “Found Not Guilty” in a DUI Case
DUI cases in Illinois fall under 625 ILCS 5/11-501. The law covers both alcohol and drug impairment and applies to drivers operating a vehicle under the influence or with a blood alcohol concentration (BAC) of 0.08% or more. Most first-time offenses are charged as Class A misdemeanors, but more serious cases involving injury, child passengers, or prior convictions can result in felony charges.
If you went to trial and were found not guilty, it means the State of Illinois failed to prove the charge beyond a reasonable doubt. Similarly, if your case was dismissed—whether due to a motion by your attorney or dropped by the prosecution—the outcome still reflects a favorable resolution. But under Illinois law, that doesn’t mean the records vanish.
Your criminal record will still reflect:
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The arrest by police
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Booking and fingerprints
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Formal charges filed
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Court appearances and court case number
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Final outcome: “not guilty” or “dismissed”
To make all of that disappear, you need to petition for expungement under 20 ILCS 2630/5.2.
What Expungement Does—and Why It Matters
Expungement is more than sealing the record. It’s the legal erasure of the arrest, booking, charges, and case outcome. Once granted, law enforcement must destroy or return your fingerprints and photos. The Illinois State Police removes your data from its databases. The court removes your file from public view. And private background check companies are required to update their records.
Once expunged, you can lawfully state that you’ve never been arrested or charged with that DUI. This can make a massive difference when applying for jobs, professional licenses, housing, loans, or immigration benefits.
Who Is Eligible to Expunge a DUI Arrest in Illinois?
You are eligible to expunge your DUI case in Illinois if:
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You were found not guilty at trial
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The charges were dismissed
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The prosecution entered a nolle prosequi (dropped the charges)
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The case ended in a non-conviction disposition and you meet all statutory criteria
However, you cannot expunge a DUI if you received court supervision or were convicted. Even if you successfully completed supervision without jail time, Illinois law treats DUI supervision as non-expungeable.
This is why the outcome of your case matters so much. If your case ended in a full acquittal or dismissal, you may be eligible to remove all traces of the event from your public record.
When Can I File for Expungement?
There’s no waiting period required after a not guilty finding or dismissal. You can file your petition immediately, although you may need time to collect the required documents.
If your case was dismissed after completing a deferred program or conditional discharge, you may need to wait a set period before filing. An experienced attorney can review your case and confirm whether you qualify for immediate expungement or need to wait.
Why the Arrest Still Shows Up—Even If You Won the Case
Many people are shocked to discover that their arrest and charges remain visible even after they beat the case. That’s because Illinois law doesn’t remove records unless you ask for it through a formal legal process. Background check companies, public court databases, and law enforcement logs don’t remove data just because you were cleared.
If you don’t file for expungement, your record will continue to show:
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That you were arrested for DUI
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That you were charged under 625 ILCS 5/11-501
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That a criminal case was filed in court
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The ultimate outcome (even if positive)
Employers often don’t take time to read the outcome—they just see “DUI” and reject the application. Expungement eliminates this risk.
The Expungement Process: Step-by-Step
To expunge your DUI arrest in Chicago or anywhere in Illinois, you’ll need to:
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Obtain certified court records showing the final case outcome
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Draft and file a petition in the circuit court where the arrest occurred (e.g., Cook County)
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Notify all relevant agencies: Illinois State Police, the arresting department, and the State’s Attorney’s Office
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Wait for any objections and attend a court hearing (if necessary)
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Obtain a court order granting the expungement
Once granted, the court will instruct law enforcement and the clerk’s office to remove all traces of the arrest and charge from their systems.
Why You Need a Lawyer for DUI Expungement
DUI expungement is a technical legal process. If your petition is incomplete, filed in the wrong county, or lacks proper notice to the State, it may be denied or delayed for months. A defense attorney who understands DUI law and criminal record relief can guide you through the process efficiently and effectively.
Your lawyer will:
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Review your record to confirm eligibility
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Draft a complete and persuasive petition
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Coordinate court filings and service of notices
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Respond to any objections
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Represent you in court and argue your case before a judge
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Monitor the agencies to ensure the expungement is carried out correctly
How Long Does the Expungement Process Take?
Expungement is not immediate. In Chicago and Cook County, it typically takes between 3 and 6 months from the time your petition is filed until the order is granted and processed. If the State objects or a hearing is required, it may take slightly longer. However, your lawyer can usually track progress and provide updates during each stage of the process.
What If My Case Was in a Suburban Court or Another County?
Expungement laws apply statewide, but the procedures vary slightly by county. If your arrest occurred in a suburb—such as Skokie, Rolling Meadows, Bridgeview, or Markham—the expungement must be filed in the appropriate district of the Cook County Circuit Court.
If you were arrested in Lake County, DuPage County, or Will County, your lawyer will file the petition in the respective circuit court. Local familiarity matters. A Chicago-based attorney who practices regularly in these counties can help ensure your case moves forward efficiently.
Common Questions About DUI Expungement in Illinois
Can I expunge a DUI if I was convicted but won an appeal?
Yes. If your conviction was overturned on appeal and you were acquitted or the case dismissed, you may qualify for expungement.
Does the expungement remove the Secretary of State’s record too?
No. Expungement clears the criminal court and law enforcement records. The Secretary of State may still retain administrative driving records unless separately addressed.
Can I file for expungement myself?
You can, but it’s not recommended. Errors in paperwork, service, or legal arguments can result in delays or denials.
What if I have other arrests on my record?
Your lawyer can assess whether those arrests are also eligible for expungement and include them in a single petition, where allowed.
Will expungement help me with employment and licensing?
Yes. Once your record is expunged, you may legally state that you were never arrested or charged with that offense.
Why Choose The Law Offices of David L. Freidberg
With decades of experience defending DUI cases and clearing arrest records in Chicago and beyond, The Law Offices of David L. Freidberg knows what it takes to fully protect your name. We’ve helped countless clients move past unfair arrests and false accusations. If your DUI case was dismissed or you were found not guilty, we can help you erase the record permanently.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.