A DUI arrest costs time, money and countless headaches associated with navigating the legal system. It also can cost you career opportunities, a setback few can afford in such a tight labor market.
Thankfully, some DUI arrests can be expunged or sealed. Expungement is the process of having an arrest record or some convictions destroyed as if they never existed, while the process to have records sealed is similar to expungement but merely keeps those records off limits to the public.
Since employers have a larger pool of prospective workers from which to choose and information in general is easier to come by, expunging (PDF) or sealing (PDF) DUI arrest records is one way to prevent your past from compromising your future. Here's the rub: Only arrests that do not result in a conviction may be expunged or sealed.
You don't need a lawyer but Cook County Circuit Court requires a $60 filing fee for either petition.
For DUI cases that result in a mistrial, acquittal or otherwise do not lead to a conviction, use the "Petition to Expunge" form #CCCR-0011 (PDF) or "Petition to Seal Arrest Record" form #CCCR-0322A/B (form not available online).
If the state's attorney, arresting authority or prosecutor do not object to your petition within 30 days of filing (90 days for a petition to seal records), the court will either grant or deny the request. Then the court mails a notification of its order, also sending copies to the prosecutor and other relevant parties.
Since DUI convictions cannot be expunged nor sealed, only arrests can be cleaned up. But who wants to explain to a prospective employer why they were picked up in front of a bar at 1:30 a.m. on suspicion of a DUI?
- Expungement Basics (FindLaw)
- Directory of Chicago DUI Lawyers (FindLaw)
- Expungement information for outside of Cook County (State of Illinois)
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