What Chicago Drivers Need to Know

Chicago and the Challenge of DUI Convictions

Chicago residents understand that driving in this city can be stressful. Whether navigating the Kennedy Expressway during rush hour or trying to get home from a Cubs game at Wrigley Field, traffic stops are part of everyday life. When police suspect a driver of being under the influence, they do not hesitate to make an arrest.

Illinois law is strict. Under 625 ILCS 5/11-501, DUI is defined as operating or being in actual physical control of a vehicle while impaired by alcohol, drugs, intoxicating compounds, or any combination. For a first or second offense, DUI is typically charged as a Class A misdemeanor, punishable by up to 364 days in jail and fines of up to $2,500. If aggravating factors are present — such as prior convictions, driving with a minor passenger, or causing serious injury — the charge escalates to a felony, with penalties ranging from one year to decades in prison depending on the severity.

When clients call me and ask if they can clear a DUI conviction from their record, my answer is direct: under Illinois law, DUI convictions cannot be expunged or sealed. The conviction remains permanently, unlike many other crimes that may eventually be hidden from public view.

This reality has serious implications for people living and working in Chicago. A conviction can follow you to job interviews, rental applications, and professional licensing boards. That makes it vital to understand how Illinois record laws work, and why legal representation during the original case is often the only chance to protect your future.

Expungement and Sealing in Illinois: The Law

Illinois offers two main remedies for clearing criminal records. Expungement, which completely erases a record, and sealing, which hides the record from most employers and landlords but allows law enforcement and certain agencies to see it.

The rules are codified under the Criminal Identification Act, 20 ILCS 2630/5.2. This statute provides a pathway for many misdemeanor and even felony convictions to be sealed, often after a waiting period. But DUI is carved out as a permanent, non-expungeable, and non-sealable offense.

There are limited exceptions:

If the DUI charge was dismissed
If the defendant was acquitted at trial
If the case was dropped by prosecutors
If the DUI was amended to reckless driving and that conviction meets statutory requirements for sealing

Outside these scenarios, the record of a DUI conviction remains public indefinitely. Lawmakers in Springfield designed the statute this way, citing public safety concerns. Unlike retail theft, disorderly conduct, or simple drug possession — which may eventually be sealed — DUI remains a permanent scar.

That’s why attorneys often pursue reductions to reckless driving. While reckless driving is still serious, it can sometimes be sealed in the future, unlike DUI.

How DUI Cases Proceed in Chicago

Most DUI cases begin with a traffic stop in Cook County. Officers may claim to observe swerving, speeding, or other erratic driving. Once stopped, the officer looks for signs of impairment: slurred speech, bloodshot eyes, or unsteady movements. Field sobriety tests are often conducted, and drivers may be asked to submit to breath or blood testing.

If the results suggest impairment, the driver is arrested and booked. The case is filed with the Cook County State’s Attorney, and prosecution begins.

The penalties vary depending on whether the charge is misdemeanor or felony. Misdemeanor convictions bring jail time, fines, community service, and license suspension. Felony convictions carry prison sentences, hefty fines, and revocation of driving privileges.

Because Illinois prohibits sealing or expunging DUI convictions, the consequences last far beyond the courtroom. Employers in Chicago often run background checks. Professional boards for nurses, teachers, or commercial drivers may discipline license holders. Insurance companies drastically increase premiums. Housing applications can be denied. All of these ripple effects are magnified in a city like Chicago where competition for jobs and housing is intense.

Example Case from a Chicago Neighborhood

Imagine a driver in Pilsen who has a clean record but is pulled over for rolling through a stop sign. The officer smells alcohol and conducts field sobriety tests. The driver struggles due to fatigue after working a double shift. A breath test shows just over the legal limit.

The driver is arrested and charged with DUI. The defense attorney investigates and finds that the breathalyzer had calibration issues. Bodycam footage also shows the driver explained fatigue from long work hours. The defense files a motion to suppress the breath test, and the court grants it. Without that evidence, the prosecutor dismisses the case.

Because the case ended without a conviction, the driver may now petition for expungement under 20 ILCS 2630/5.2, ensuring the record is cleared. If that conviction had been allowed to stand, however, there would be no chance of expungement or sealing, and the driver would carry a permanent mark.

The Role of Defense Counsel and Possible Defenses

The single most important step in protecting against a permanent DUI conviction is hiring a defense attorney early in the case. Defenses often include:

Arguing the traffic stop lacked reasonable suspicion
Demonstrating medical conditions or fatigue caused the appearance of impairment
Challenging the administration of field sobriety tests
Attacking the reliability of breath or blood tests
Exposing procedural errors or constitutional violations

In some cases, attorneys negotiate for reductions to reckless driving. This can make all the difference later, since reckless driving may be sealable under certain conditions.

FAQs on DUI Expungement and Sealing in Illinois (Approx. 750 Words)

Can I expunge a DUI conviction in Illinois?
No. Illinois law bars expungement of DUI convictions.

Can I seal a DUI conviction in Illinois?
No. DUI is excluded from sealing under the Criminal Identification Act.

What if I was found not guilty of DUI?
If acquitted, you can petition to expunge the arrest and case records.

What if my case was dismissed?
Dismissed charges are eligible for expungement, meaning they can be erased.

Can DUI supervision be expunged?
Unlike many offenses, DUI supervision is not eligible for expungement or sealing.

Why is DUI treated differently?
Legislators view DUI as a public safety risk and excluded it from record-clearing laws.

Can I expunge reckless driving if my DUI was reduced?
Yes, reckless driving may sometimes be sealed after a waiting period, depending on your record.

Does a DUI stay on my driving record forever?
Yes. DUI convictions remain on your Illinois driving record permanently.

Can an attorney help even if I already have a DUI conviction?
An attorney can’t erase a DUI conviction, but they can sometimes help seek relief through appeals or post-conviction petitions, depending on circumstances.

Why do I need an attorney if I can’t expunge a conviction anyway?
Because your only real chance to avoid a permanent DUI record is to win your case or negotiate it down before conviction.

Why Choose The Law Offices of David L. Freidberg

With decades of defending DUI cases in Chicago, Cook County, DuPage County, Will County, and Lake County, Attorney David L. Freidberg understands how unforgiving Illinois law is when it comes to DUI records. Our firm aggressively challenges the State’s evidence, negotiates strategic outcomes, and protects clients from permanent convictions whenever possible.

When You Need a Fighter, Call Us

If you were arrested in Chicago, 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.