Illinois DUI Expungement Process
If you were convicted or placed under court supervision for a DUI in Illinois, then you cannot expunge your record. You can, however, seal the record of the conviction. If you were arrested but not convicted, then you may expunge the record. When a record is expunged, all records relating to the arrest and conviction are physically destroyed or returned to you. When a record is sealed, it is not available to the public and you are not required to admit that it exists. The physical record, however, still exists and may be available to law enforcement or court personnel.
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Things You'll Need
- Copy of judgment of conviction
- Copy of criminal history
- Expungement or sealing forms
Instructions
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Expungement
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Complete the petition to expunge or the petition to seal. Also complete the first two pages of the order to expunge or the order to seal. All forms can be found on the Office of the State Appellate Defender's website (see Resources).
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Locate a notary public. Sign the petition in front of the notary public to have it notarized.
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Make six copies of the petition and at least one copy of the order. The clerk will forward a copy to the State Attorney, the Illinois State Police Bureau of Identification, the agency that arrested you and the chief legal officer (usually the prosecutor) where you were arrested. The additional copies are for your file.
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Contact the clerk of court in the county where you were convicted to find out what the filing fee is for your petition.
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File your petition and order along with the copies with the clerk of court in the county where you were convicted.
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Appear at the hearing if one is scheduled by the court to explain why you feel you are entitled to have the arrest expunged. A hearing will be scheduled if an objection is filed by any of the notified agencies.
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References
Resources
- Photo Credit fingerprint image by dip from Fotolia.com
